Northern Arizona DUI Attorney
DUI and DWI Defense in Arizona
DUI and DWI in Arizona is a serious offense.
Bad things can happen to good people. People make mistakes.
If you have been arrested and suspected of a DUI or drunk driving, it may be the first time that you have ever faced criminal charges. Even first time DUI offenders are subject to possible jail time.
A first-time Extreme or Super Extreme DUI could result in 30 and 45 days of MANDATORY jail time.
The stakes are raised if it's your second or third offense.
Sometimes the fear and confusion can become paralyzing and overwhelming when uncertainty creeps into your mind. That is the time when you need to speak with a qualified and experienced DUI attorney the most.
Will I lose my license? How much jail time will I do? How will long will my car be impounded?
A DUI attorney can explain to you many of the questions you may have when you are charged with the crime of DUI.
Strict Arizona DUI Laws
Arizona has some of the strictest and most stringent DUI sentencing laws in the country. (Click to see a chart of mandatory minimum Misdemeanor DUI penalties).
A conviction for DUI will result in;
Suspended Drivers License
Community Restitution/Work Service
Ignition Interlock Device
All of these consequences and penalties will be imposed at your own expense.
Arizona Drunk Driving Laws
The state of Arizona has exhibited through legislation and enforcement that it has an incredibly low tolerance for motorists who drive impaired.
The state's anti-DUI efforts expand every year, with the creation of more sobriety checkpoints and saturation polls.
Local police officers are trained to aggressively pursue and detain drivers whom they suspect are driving while drunk or “drugged” on state roadways.
Prosecutors aim to pin alleged offenders with the harshest sentences possible. Political pressure treats DUI suspects guilty before a trial ensues.
Police target motorists who drive under the influence of alcohol or drugs.
It is not unusual if you may have found yourself pulled over by red and blue lights. Before you know it, you are facing DUI charges that carry exceptionally harsh penalties.
You are not alone.
Thousands of drivers are arrested within Arizona state lines every year for different variations of a DUI.
You need to know and protect your rights with the assistance of legal representation. An experienced DUI attorney can make all the difference when defending and mitigating these charges.
Legal Limits In Arizona
Most drivers are aware of the legal blood alcohol concentration limits imposed upon drivers in Arizona.
The legal limit for Blood and Breath Alcohol is .08%. This is the regular legal limit.
For commercial motorist and CDL drivers, the legal limit is 0.04% or higher.
There is zero tolerance for drivers under the age of 21.
These laws are consistent with the legislation implemented in every state across the country.
Extreme and Super Extreme DUI Limits
Higher legal limits will result in, even more, severe punishment. The legal limit for an Extreme DUI is .150% and the legal limit for a Super Extreme DUI is .200%. A conviction will result in mandatory jail time of 30 or 45 days.
What is a Regular DUI?
If you have been arrested for a DUI, you probably were cited with multiple charges and you're probably wondering what those multiple charges mean.
When a defendant is arrested for a regular DUI, that usually means that—one of two things. That usually means that they're either impaired by alcohol or they might be impaired by drugs.
There's a couple of different theories that someone could be charged with committing those type of offenses. The main charge that most people get charged with for DUI is that they are above the legal limit.
In Arizona, the legal limit of blood or breath alcohol concentration is 0.08. If a defendant submits to a scientific test, such as an Intoxilyzer or a blood test, if their blood or breath alcohol limit is above a 0.08, in Arizona, they are presumed to be impaired and they are per se, guilty of a DUI.
Being above the legal limit is not the only way that you can be convicted or charged with a DUI.
If you consume drugs or illegal drugs, and you have that in your system, you can also be convicted of a DUI. That is referred to commonly as an A3 Charge. if you are using illegal drugs and if it's in your system, no matter how recent you consumed it—those illegal drugs, or whether you're really impaired by them at all, you could be found guilty of a DUI.
If you use drugs but you have a prescription for the drugs, you have to show that you use those drugs in the manner that they were prescribed to you. That would be a defense if you had some drugs in your system. Sometimes they are some narcotic drugs that are still prescribed to patients and you have to prove to the trier of fact that you were lawfully taking those drugs.
"Impaired to the Slightest Degree" - A1 Charge
The A1 Charge, is what it's referred to, is that if you are impaired by alcohol or drugs, even to the slightest degree, you could be found guilty of a DUI. You could be below the legal limit of a 0.08, but if the State can prove that you are still impaired by that alcohol, to the slightest degree, then you could be found guilty beyond a reasonable doubt. If you use prescription drugs and even if you use those prescription drugs under a valid prescription and are using the drugs as prescribed, if by taking those drugs, it still impairs your ability to drive, to the slightest degree, you could still be found guilty of a DUI.
CHECK OUT OUR BLOG FOR "5 Facts you Should Know About DUI Cases in Arizona"
That is why it's important to talk to a defense attorney to find out what your defenses are in a DUI case because presumably, you could be below the legal limit or you could be using your drugs as prescribed and still be found guilty of a DUI. You could be found guilty of a regular DUI. So, it's always best to consult with an attorney as soon as possible to find out what your rights are in a DUI case and what your defenses are.
Additional Charges Related to Driving Under the Influence
Talent And Expertise
As a trial attorney, former deputy county and criminal defense attorney, Shawn B. Hamp has practiced criminal law for almost a decade and has handled thousands of criminal and hundreds of DUI cases all over Northern Arizona.
"Shawn handled everything in a very professional manner and worked hard to minimize the penalties I was facing. He was realistic with me and the outcome was better than I was really expecting. I'm very pleased with my results and I cant thank Shawn and his staff for a job well done. ⭐⭐⭐⭐⭐"
- Joe, Avvo Review.
If you need a DUI attorney, hire someone that has the experience you need to minimize the consequences you face.
Arizona attorney, Shawn B. Hamp can help by answering any questions you might have about your DUI case.
Let us help you with the court process and avoid as many penalties as possible so that you can get your life back on track.
When you need someone on YOUR SIDE. 928-753-6868