All states have laws against driving under the influence. Arizona is no exception. Arizona laws prohibit driving under the influence (DUI) of alcohol or drugs. In fact, Arizona has a “zero tolerance” meaning even the slightest amount of alcohol can lead to an arrest – something as innocent as cold-medicine or mouthwash could cause a significant problem for you. Charges and penalties for receiving a DUI vary depending on the circumstances.
Regardless of those circumstances, a DUI conviction can have grave consequences and should be faced head-on. Receiving a felony aggravated DUI charge in Arizona can result in much harsher charges, as well.
Although a felony aggravated DUI can result in severe consequences, even a misdemeanor DUI in Arizona has penalties that need serious attention. Therefore, it is wise if you have received a DUI charge to consult with an attorney.
It is against the law in Arizona for a person to be in control of a motor vehicle when impaired to the slightest degree. Although there are three classes of misdemeanors in Arizona, a DUI is only charged as a Class 1 misdemeanor — called a regular DUI — if the following conditions exist:
Arizona has some of the harshest DUI laws in the country. Arizona Revised Statutes, section 23-1381 (ARS §28-1381), defines Arizona’s drunk driving laws.
The first offense for someone found guilty of a DUI with a BAC of at least 0.08%, but less than 0.15% can be the following:
. A defense attorney can negotiate a favorable plea for a client.
If arrested for a DUI within seven years of a previous DUI conviction, you are subject to a second offense DUI if convicted.
A second offense DUI carries harsher penalties and heavier fines.
DUI offenses in Arizona are no laughing matter.
Penalties for a second offense regular DUI are, therefore, harsher and include:
A conviction will result in an ignition interlock device requirement from the MVD.
In addition, probation of up to 5 years may be ordered. Also, you will be required to perform at least 30-hours of community service and attend traffic survival school.
After conviction, you may be required to maintain a Certificate of Insurance, known as an SR-22, for three years. All of the fines, fees, and insurance will cost you nearly $20,000.
All cases are different. In Arizona, when charged with a second offense DUI, you can plead to a lesser charge. It is to your advantage to use an experienced DUI attorney when facing jail time and thousands of dollars of fines and fees.
Being in actual physical control of a vehicle with a BAC between 0.15% and 0.20% can result in a criminal charge of First or Second Extreme DUI.
These, too, are misdemeanor crimes carrying more severe penalties than the first or second DUI offenses. But none of the misdemeanor offenses are as harsh as an aggravated DUI charge in Arizona.
If you get any third DUI in 7 years, it will usually be charged as a felony. Also, though, you can be charged with aggravated driving or actual physical control while under the influence of alcohol or drugs for the following violations:
Sentencing and penalties for a felony DUI can be quite severe.
The following penalties are mandatory for a felony DUI in Arizona and include:
If you receive a felony aggravated DUI, it is vitally important to seek counsel from an experienced DUI attorney. Mounting an effective defense can mean the difference between drastic penalties and mounting an effective defense. Don’t leave your future to chance.
You may be able to minimize the penalties and clear your name. Click the link below to schedule a FREE consultation.
Since DUI stands for “driving under the influence,” you might think that you have to be operating a motor vehicle to get a DUI. Not true. The law prohibits someone from having “actual physical control” of a car while under the influence of alcohol or drugs.
What determines the actual physical control of a vehicle depends on the facts of the case. Circumstances often considered when determining “actual physical control” include the following:
A clear definition of “actual physical control” is not found in Arizona statutes. So, for you to be convicted of a DUI, the prosecutor must prove that you were in actual physical control of the vehicle. But what does this mean?
Unless you are behind the wheel, keys in the ignition, engine running and driving when stopped by law enforcement, there is no black and white answer to “actual physical control.” The determining factors of “actual physical control” come from an Arizona Supreme Court decision, State v. Love. The Supreme Court of Arizona held that the “trier of fact” (the judge or jury) could consider all of the circumstances to determine whether someone has “actual physical control” of a vehicle.
These and other factors can have a tremendous bearing on your defense. The burden of proving you were intoxicated and in actual physical control of the vehicle at the time is the State’s burden.
The only way to know all of the facts and circumstances and how they impact your case is to sit down with your Phoenix DUI attorney and go through events from start to finish.
There are numerous defenses to a DUI charge, whether a misdemeanor or a felony aggravated DUI. A few of those defenses include:
By statute, alcohol chemical testing must take place within two hours of the time of driving. If it is not, the case against you may be ineffective.
There are also common errors made with the so-called breathalyzer tests, including:
If you are facing DUI charges, your future depends on you taking control. Begin by contacting GURION LEGAL today for a FREE consultation at (480) 800-0020.
For more information about how Attorney Gurion can help you get control of the process, visit online at this URL.
I asked around for referrals for a criminal defense lawyer in the Biltmore area and Omer Gurion’s name came up often. Very responsive, reassuring, and confident. I’m so glad I called, a weight has been lifted off my shoulders. Thanks Omer!
There legal team was extremely accommodating and professional. They took care of everything from A-Z without any effort or concern on my part. They got my case thrown out and I would highly recommend them to anyone needing assistance with their legal problems. Thanks Gurion Legal!!!
Working with Omer was a pleasure during a very difficult, emotional and stressful time. He takes the time to listen and lets you know what to expect. He is professional, aggressive, has a sense of humor and gets results. Your hard work and dedication are appreciated Omer…Thank you!
My experience with hiring Omer as my attorney has been nothing short of great. Communication with Omer, Ashley and Lisa is always easy with quick responses. Based on my case Omer was able to pull off a miracle for me. Working with Gurion Legal took a lot of stress off me. They were able to get me the most favorable outcome for my situation and I’m beyond thankful for that. I know exactly who I’d go back to if needed or who I would definitely recommend to any family or friends in need of a lawyer.
Mr. Gurion did an amazing job representing me. He got the best possible outcome for my case.
Omer is a fantastic attorney. I highly recommend him to anyone looking for an amazing attorney.
I endorse the 5 stars they receive – they earn them. They’ve been hardworking and knowledgeable, and I should know, I’ve hired them twice! Dealing with legal matters is really difficult, confusing, and stressful, and they ease that burden when you want to count on and trust somebody. I fired my first defense attorney, who wasn’t working much at all to help me, and luckily found Omer and his colleagues. My outcomes were both times much better than I ever expected. If you’re reading reviews looking for legal help, call them.
My experience with Gurion Legal was amazing!
Lisa was so helpful, communicative and positive.
When some lawyers are extremely difficult to get a hold of, Lisa Always made time to take my calls and answer any questions. Not only did my case have a positive outcome, Lisa also made me feel comfortable through the entire process. I would highly recommend Gurion Legal to anyone seeking legal counsel.
Thank you Lisa!!
Amazing support. Very friendly. Not afraid to talk. Called back quickly. Highly respected for honesty and integrity!!
I was very pleased with the services at Gurion Legal. I worked with Lisa and she was very responsive to my situation. I had all my questions answered and was able to achieve my outcome in a prompt manner. I would absolutely recommend her to anyone in need of legal assistance.
Omer is a life saver; very professional, responsive, and thoughtful.
Great customer service always called and kept me up to date with what was going on made sure I knew what was going on and made sure I got the best outcome w my case very professional
Gurion legal stepped out of their normal commitments to support me probono (for free) in order to see it that justice is served. They always answer calls, keep me updated, and are on top of their game! I am so lucky to have them on my team:)
Omer and his team of experienced Lawyers were able to help me during one of my toughest points in life. I could not be more thankful for the level of care as well as the efforts they made to make me comfortable throughout the entire process. Thank you so much team!
Fantastic attorney. Omer was communicative, kind and made me feel completely confident going into a very scary time. The outcome was so stellar that I hadn’t even thought it possible prior to my trial. I highly recommend and am eternally grateful!