Talk to an attorney now

frequently asked dui questions

image333

Arizona law states that no one should drive or physically control a motor vehicle while intoxicated or under the influence of drugs (including legal prescription medications). 


Even for a first offense, a DUI charge could come with harsh and life-altering consequences. If you were charged with a DUI in Arizona, speak with a DUI lawyer as soon as possible.


Learn more about finding the best DUI lawyers in Mesa, or how to beat a DUI charge.

What are the DUI Laws in Arizona?

In Arizona, there are a number of statutes that govern DUI laws in our state. The basic DUI laws are outlined in ARS 28-1381, which states that it's illegal for anyone to drive a vehicle under a number of circumstances relating to intoxication.


DUI laws in the state prohibit drivers to operate a motor vehicle if their BAC (blood alcohol concentration) is 0.08 percent or more. However, you can still get in legal trouble for driving while under the influence of alcohol or substances, even if you’re only slightly impaired. 


First-time DUI offenders may have their license suspended for a year, go to jail for up to 10 days, and owe hundreds in fines.

How long does a DUI Stay on Your Record in Arizona?

A conviction for driving under the influence will stay on your criminal record forever in Arizona. 


While you can’t have a DUI conviction expunged, you may be able to have it “set aside.” If a potential employer checks your background, they’d be able to see that your conviction was set aside. This could make it easier to maintain your job or find a new one. 


If you’re interested in having your conviction set aside, speak with a DUI lawyer today.

How Much Does a DUI Lawyer Cost in Mesa?

Not all DUI lawyers cost the same, but it's important to know what you're getting when you pay for a private attorney. A DUI lawyer can help you understand your charges, answer your questions, handle administrative details, and advise you on which direction to take. A lawyer can also represent you in court, if necessary.

Is It Worth It to Get a DUI Lawyer?

A good, experienced DUI lawyer can get you more favorable outcomes than a public defender, in many cases, so if you want to get the best possible outcome, then many people believe it's worth paying for an attorney. 


You have to weigh the financial investment with the potential rewards, which can be high in many cases. While lawyer fees can seem expensive, they could save you money in the long run. 


When you consider the consequences of a DUI conviction, it’s worth the extra money to aim for a reduced sentence. And with the complexity of the law, having a professional on your side who knows the ropes is invaluable. 


While you are permitted to represent yourself in court for a DUI charge, or use a public defender, you’ll have a serious disadvantage compared to working with a private lawyer.

Is a DUI a felony or misdemeanor in Arizona?

Most DUI offenses in the state are misdemeanors, but the crime can escalate to a felony depending on circumstances. Aggravated DUI, for example, is a felony offense and carries a mandatory 4-month prison term. 


If you’re caught driving under the influence on a revoked or suspended license, it counts as an aggravated DUI offense.

 

Driving with an “extremely high” BAC also elevates the DUI charge to an aggravated (extreme) DUI. In addition, you may get a harsher sentence if you’ve already been convicted of driving under the influence in the past. 

What happens if I get a DUI with marijuana or other drugs?

State law prohibits driving under the influence of other substances (including marijuana) in addition to alcohol. This means you can receive a DUI charge if you drive after smoking weed. 


You can also receive a DUI if you’re in physical control of or drive a vehicle with any controlled substance in your system, including legal prescription drugs. You may receive a marijuana DUI, even if you’re only slightly impaired. 


If the police officer believes you have any amount of alcohol or drugs in your system, you can get arrested for driving under the influence. A DUI charge can be strongly inconvenient at best and life-changing at worst. Working with a lawyer is the best shot you have at receiving reduced charges.

How much does a first-time DUI offense cost?

Fortunately, a first-time DUI offense often faces less sever penalties than a repeat DUI offense. You can discuss the overall cost of your case with your attorney during a free DUI case review.


For a first offense, you will get a class 1 misdemeanor charge, which comes with up to 6 months in jail, up to $2,500 in fines, and a potential license suspension.

 

Other possible penalties include community service hours, probation, alcohol education classes, and a drug or alcohol assessment. Some offenders will be ordered to install an Ignition Interlock Device in their vehicle to prevent intoxicated driving. 

Possible Defenses for a DUI Charge

When you work with a skilled DUI lawyer, they can work to build your defense by questioning the basis for law enforcement stopping you. In addition, they may attack the method the police used to sobriety test you and the accuracy of the breath or blood test.

 

The state prosecution must show that you were in control of or driving a vehicle when you were pulled over. Your lawyer may be able to call this into question if there were no witnesses present at that time. 


In addition, your DUI lawyer could check to ensure that the officer had probable cause to arrest you. If they didn’t have probable cause, their evidence could be suppressed. A legal representative can also call into question whether your Miranda rights were upheld when the police arrested you.


Just because you’ve received a DUI charge doesn’t mean you will get a DUI conviction. The prosecution must prove you committed each element of the crime, which can be difficult. This is where having a skilled DUI lawyer on your side will serve you well. They’ll help you build a defense and pursue a reduced or even dismissed sentence.

Speak with a Legal Professional

Getting into legal trouble can severely threaten your opportunities in life in addition to creating stress. If possible, it’s in your best interest to hire a DUI attorney who has experience with similar cases. They’ll have a detailed understanding of state laws, can answer your questions, and may help you get your charges reduced. Speak with a DUI attorney today and protect your future.