Phoenix DUI Defense

Phoenix DUI DefenseA DUI defense might be necessary as the result of even a simple car accident if alcohol or drugs were involved. Even more severe charges could be levied against you if a person was injured or killed. Such offenses carry mandatory prison terms, and it is important you have a lawyer who practices DUI defense law in Phoenix and is skilled in defending vehicular crimes filed against you. Aaron Black aggressively defends vehicular cases. Many of Aaron’s DUI defense cases result in dismissals, not guilty verdicts, no jail time, or substantially reduced charges.

In Phoenix, Arizona you may be charged with DUI under the following conditions:
  • If the government can prove beyond a reasonable doubt that you were driving a vehicle or in actual physical control of a vehicle and impaired to the slightest degree, you can be charged.
     
  • If the government can prove, your Blood Alcohol Concentration was a .08% or more within two hours of driving you can be charged.
Taking a criminal DUI case to trial can be a risky proposition as most juries, no matter how liberal, loathe DUI cases. With this in mind, it makes it very difficult to win a trial unless you provide the jury with circumstances about your case that warrant a second look.

Possible DUI Defenses

  • There was no probable cause to arrest you
     
  • You weren’t physically in control of the vehicle
     
  • There was no reasonable suspicion to stop you
     
  • You were denied your right to counsel by the police
     
  • Blood Alcohol Concentration (BAC) was below a .08% at the time of driving
     
  • Your Miranda Rights were violated
     
  • An Illegal blood draw was performed
     
  • The blood draw was contaminated
     
  • The police reports were misleading

Home detention

In some but not all circumstances you may be able to serve out your sentence at home. While on Home Detention you would be required to wear a GPS monitor and have a machine installed in your house that will require you to submit to 3 random alcohol tests per day.

  • The amount of jail time you serve in Arizona varies from city to city. For example, anyone arrested by Maricopa County sheriff’s deputies or Arizona Department of Public Safety officers under the suspicion of a DUI are of course processed through the Maricopa County justice courts. The Judges in Maricopa County are prohibited from handing down sentences for home detention.
     
  • Typical home detention allows you to work 6 days a week, 12 hours a day
     
  • Those who are granted home detention rather than serving their time in jail are required to wear an Electronic-monitor. The cost of the monitor is to be paid for by the defendant, and depending on the court it can range from $10 to $30 a day

A DUI and your Job

A DUI has both legal and job-related consequences. Missed work from court appearances, mandatory alcohol treatment or serving time, all make the reality of losing your job very likely due to excessive absenteeism and in some cases mandatory dismissal due to the DUI itself. 
 
In addition, if you are in the medical profession such as a Nurse, Doctor, Veterinarian, X-Ray Technician or Dentist and you are simply charged with a DUI, you stand to incur penalties in addition to what the court hands down. Those in the medical profession must report the DUI arrest/charge to their respective boards within 10 days of your case being filed. At that time, the Board may institute penalties such weekly drug testing and/or counseling. The law requiring mandatory reporting can be found in ARS 32-3208. Also, check the website of your particular Board. For example, the Arizona State Board of Nursing has a web page dedicated to this issue.

If you are facing DUI charges in Phoenix, it’s essential to speak with a lawyer experienced in DUI defense law. An attorney who practices DUI defense law should review your case if you have been charged with DUI in Phoenix, AZ.  Not every attorney understands the complexities of DUI defense law, and contacting an experienced DUI attorney can make all of the difference in your case.  Aaron possesses the skills, resources, and knowledge required to personally fight your case and defend you against DUI charges.

The penalties for DUI in Arizona are some of the harshest in the country. A conviction carries mandatory jail, mandatory fines, license suspension, and the ignition interlock device. Depending on the blood alcohol concentration and history, jail can range from 1 day to 6 months for misdemeanors and up to 15 years for a felony.

The following overview of DUI penalties is provided for your information.  If you have questions, or if you are in need of DUI defense, please contact or call Aaron Black for a free consultation at 480-729-1683.

DUI Penalties in Arizona

1st Time Misdemeanor Driving Under the Influence (under .15 BAC)

  • Minimum jail 10 days jail, but 9 may be suspended
  • Maximum Jail – 6 months
  • Fines

$250 Fine
$210 Surcharge
$500 Prison Fund 
$500 Public Safety Equip. Fund
$20 Time Pay Fee
$20 Probation Fee

  • 90 day License Suspension

  • Possible Probation up to 5 years

  • Alcohol / Drug Screening & Classes

  • Possible community service

  • Pay for jail incarceration

  • Possible monthly probation fees

  • Possible SR22 insurance

  • 1-year Ignition interlock (6 months beginning January 1, 2012)

Back to List

2nd Time Misdemeanor Driving Under the Influence Above a .08 BAC (but less than .15)

  • New DUI charge must be within 84 months of the date of 1st DUI conviction.

  • Minimum jail - 90 days jail, but 60 may be suspended if successfully complete alcohol classes.
     
  • Maximum Jail – 6 months
     
  • Fines

$500 Fine
$420 Surcharge
$1250 Prison Fund 
$1250 Public Safety Equip. Fund
$20 Time Pay Fee
$20 Probation Fee

  • 1-year license revocation (no driving at all)

  • Possible Probation up to 5 years

  • Alcohol / Drug Screening & Classes

  • 30+ hours community service

  • Pay for jail incarceration

  • Possible monthly probation fees

  • Possible SR22 insurance
     
  • 1 year Ignition interlock

If you have questions or if you are facing DUI charges in Phoenix, AZ or surrounding communities in Arizona, please contact Aaron or call (480)729-1683 for a free consultation.

 

  • State Bar of Arizona
  • State Bar of South Dakota
  • American Bar Association
  • Arizona Attorneys for Criminal Justice

Selected as the Only DUI Super Lawyer® in Phoenix. Read More...


I understand that good people sometimes find themselves in bad situations. - Aaron Black

DUI or Criminal Related Question?
Send me an email.

I will promptly respond unless I am in court.

Recent Blog Posts

Plea bargaining in Phoenix, AZ
Can my criminal record be expunged in Scottsdale, AZ?
What is Nolo Contendere in Phoenix, AZ?
If I am pulled over for a DUI must I give consent for a chemical test?
View all Blog Posts

10.0Aaron Michael Black Avvo - Rate your Lawyer. Get Free Legal Advice.� id= Aaron Michael BlackReviewsout of 293 reviews Clients' ChoiceAward 2017
AV Peer Review Rated Arizona Lawyers AV Peer Review Rated AV Peer Review Rated Top Valley Lawyers