Arizona DUI FAQWhen facing DUI or criminal charges the entire process can be complicated and confusing. Factor in the evidence against you and the toll that it takes on a person can be devastating.
For that purpose we have compiled a list of frequently asked questions that we receive on a daily basis. Although you may not find your answer below, rest assured that Aaron is always available to help. You can contact Aaron by simply filling out the form on our contact page or by calling 480-729-1683 for a free consultation.
DUI Frequently Asked Questions
Criminal Defense Frequently Asked Questions
Phoenix DUI and Criminal Defense Attorney Aaron Black
In Arizona if you are suspected of DUI the police will often ask you to blow into a PBT (Preliminary Breath Test). The test is not admissible in court and it is only used by the police to obtain probable cause to arrest you. Your license will not be suspended if you refuse the PBT. I encourage you to politely refuse the test and ask for an attorney.
I have been charged with a DUI, what are the chances of me getting home detention instead of serving my time in jail?
The answer lies in where you were arrested albeit the city or the county. For example if you are pulled over by a Maricopa County sheriff’s deputy or the Arizona Department of Public Safety officers you will be processed through the County justice courts. In Maricopa County the judges are prohibited from handing down home detention sentences therefore serving your time in jail is the only option.
Almost all of the city courts in the greater Phoenix area offer home detention. By law, an individual must serve 20% of their sentence in jail before they can begin home detention.
I’ve just been charged with a second DUI am I going to jail?
Jail is mandatory for any DUI in Arizona. A Second Time Extreme DUI (.15-.199) carries a 120 day jail sentence. A .20 second time DUI carries a mandatory 180 days.
If you are facing charges for a 2nd time Extreme DUI in Phoenix, it is essential to speak with a lawyer who has a clear understanding of the complexities of DUI laws. There are several possible DUI defenses that can be taken that may result in dismissal of the charges, not guilty verdicts, no jail time, or substantially reduced charges.
Can I get a DUI while using prescribed medication?
In most instances the state of Arizona will try to prosecute you for being “Impaired to the slightest degree.” Impaired to the slightest degree basically means that you are kind of tipsy.
What few people in Phoenix know is that when you are arrested for DUI you are always charged twice. The first charge is for being over the legal limit of .08 BAC (Blood Alcohol Content.) The second charge is for driving or being in actual physical control of a vehicle while under the influence of an intoxicating substance and "impaired to the slightest degree."
For drug cases, even prescribed medication, there is a third charge for driving with the drug in your system. With this charge, it is the defense’s burden to prove you were using the medication as prescribed.
I have a medical marijuana card, can I get charged with driving under the influence?
Yes, you can be charged and prosecuted to the fullest extent of the law. The problem with these cases is that the defense must prove to the jury that you were not impaired by the amount of marijuana in your system. This is very difficult to do, and requires the defendant to testify because no expert can testify if someone was or was not impaired by marijuana. There is one current study that correlates 13ng of THC to the equivalent .08 BAC.
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A Grand Jury is a secret hearing where a group of people decide if there is probable cause to hold your case over for trial. Consisting of 16 grand jurors, a prosecutor, and the government's witness. The governments witness is typically the Police.
If your case was dismissed to the Grand Jury, you more than likely declined to accept your plea offer resulting in your case being dismissed to the Grand Jury. Please understand that by no means was your case dismissed.
What is admin per se?
If you are pulled over for DUI in Arizona the police will serve you with a pink and yellow Admin Per Se / Implied Consent Affidavit. If you consented to the chemical test your license will go into suspension 15 days after the date of your arrest. If you refused the chemical test your license will be suspended 1 year after the date of your arrest.
What is an Initial Pretrial Conference?
The IPTC (Initial Pretrial Conference) is usually when the prosecutor makes the first plea offer. At this hearing, the judge will check on the status of negotiations, investigations, and witness interviews.
How can I bond out of jail?
Bonding out of jail can occur a few different ways. If a judge orders a $1000 secured bond you could either A) Post the $1000 yourself or B) Hire a bond company. If you hire a bond company they will charge you 10% ($100) to post your bond. However, they will also require $1000 worth of collateral. For example, the title to your car.
If the bond is a cash bond ($1000 Cash) then the entire bond must be posted in cash.
For Bond Assistance or Questions contact Sanctuary Bail Bonds
Can I get my record expunged?
Unfortunately there is no such thing as expunging a record in Arizona.
I failed to appear on my court date, is there a warrant out for my arrest?
Yes, if you failed to appear for court then a warrant was issued for your arrest. In addition, notice was sent to MVD and your license will remain suspended until you appear in court and quash the warrant. If there is a bench warrant issued in your case a motion to quash the warrant must be filed.
I’ve been falsely accused of sexual assault, can you represent me?
Absolutely. Not only do I represent people charged with DUI, I also handle all felony matters. Sexual assaults are tricky cases. We will need to get you evaluated by a therapist right away and start building a defense. Often times, these cases are purely “he said she said,” and we argue the case by destroying the credibility of the accuser.
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I have been a Criminal/DUI defense attorney for ten years. I started prcticing at the Maricopa County Public Defender’s Office where I worked in the Vehicular Unit for almost five years. I defended all Felony DUI cases, Vehicular Aggravated Assault, Vehicular Manslaughter and Vehicular 2nd Degree Murder.
Why should I hire the Law Office of Aaron Black when I have the option to get a public defender for free?
Public Defenders are some of the best lawyers who know the courts well. I too was a public defender and benefited from the same training. However, Public defenders are overworked and you will not receive personalized attention on your case because they have too many clients.
When you hire me, you not only get my cell phone number, you get personalized attention, and you get years of felony and misdemeanor experience. My work has been recognized and honored by my induction into Super Lawyers Magazine. No public defender has been recognized by Super Lawyers.
How much will it cost me to hire you as my Criminal Defense Attorney?
The Law Office of Aaron Black’s prices are a fixed flat fee. Please contact us for a full no obligation complimentary case evaluation and our forms of payment.
What form of payments do Criminal Defense Attorneys’ take?
Attorneys accept payment in many different forms that include check, credit card, cashier’s check, money order or cash. In addition many attorneys also offer payment plans with an initial down payment.