Experienced DUI Attorney in Phoenix

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Phoenix DUI Attorney

From gathering evidence to building a strong criminal defense strategy, there are many aspects to consider in order to achieve a favorable outcome after being arrested for a DUI in Phoenix. With the consequences of a DUI conviction, including hefty fines, license suspension, and jail time, reaching out for guidance from an experienced, reputable DUI attorney in Phoenix, AZ, is always wise. At the Law Office of John Phebus, we handle DUI cases like yours regularly and have the knowledge and skills to effectively represent your interests.

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Arizona DUI Basics and Legal Limits

Driving under the influence (DUI) is a serious offense in Phoenix, Arizona, and is defined as operating a motor vehicle while impaired by alcohol, drugs, or any other substance that impairs driving ability. Understand the legal limits set for blood alcohol concentration in Arizona to avoid facing DUI charges. Here are the BAC limits:

  • Adult Limit: The legal BAC limit for adult drivers over 21 in Phoenix is 0.08%. If your BAC is at or above this limit, you can be charged with DUI.
  • Underage Limit: For drivers under the age of 21, the legal BAC limit in Phoenix and throughout Arizona is 0.00%. Any detectable amount of alcohol in your system can lead to a DUI arrest.
  • Commercial Driver Limit: Commercial drivers in Phoenix are subject to the more strict BAC limit of 0.04%. Exceeding this limit can result in drunk driving charges.

Note that, in Arizona, you can be arrested for a DUI even if your BAC is below any of these limits if there’s evidence that the driver is not safely able to drive. Arizona has a zero-tolerance policy that gives a police officer the right to detain you if you appear to be intoxicated or impaired. It’s important to note that these BAC limits apply to both alcohol and other substances that impair driving.

DUI vs. DWI in Arizona

In Arizona, the terms DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) are often used interchangeably, but there are differences between these two terms. As Phoenix DUI lawyers, we can tell you that these are the key distinctions between these expressions:

  • Both the DUI and DWI terms refer to the same offense of operating a vehicle while impaired.
  • DUI can refer to any substance that impairs driving, like alcohol, drugs, or huffing toxic vapors. DWI, on the other hand, typically refers to alcohol-related charges only.
  • A DWI is a type of DUI.

Understanding these terms can help clarify what you’re being charged with in court or potential plea bargain charges.

Arrest and Immediate Actions

If you find yourself facing a DUI arrest in Phoenix, take immediate action to protect your rights and improve your chances of a favorable outcome. Here are the steps we recommend that you take as DUI attorneys in Phoenix:

  • Be Quiet: After getting arrested for a DUI in Phoenix, exercise your right to remain silent. Anything you say can be used against you in court, so it’s best to avoid making any statements.
  • Ask for Your Lawyer: As soon as you are arrested, you have the right to an attorney. Invoke this right and ask for your Phoenix DUI lawyer. Your attorney will guide you through the legal process, protect your rights, and defend you.
  • Demand an Independent Blood Test: If you have been arrested for a DUI in Phoenix, you have the right to request an independent blood test. This can help you get a more accurate result and provide additional evidence for your defense.
  • Booking: After your arrest, you will be taken to the police station for booking. This involves providing personal information and being fingerprinted. Try to remain calm and cooperate as best as you can during this process.
  • Arraignment: Following your arrest, you will have an arraignment hearing where you get formally charged with the DUI. You’ll definitely want to have already hired a lawyer by this stage so he or she can enter your plea and explain everything to you.
  • Request an MVD Hearing: Within 15 days of your DUI arrest, contact the Arizona Motor Vehicle Division to request a hearing regarding the potential suspension of your driver’s license. Failure to request this hearing can result in an automatic suspension of your driving privileges.

Penalties for Refusing a Breathalyzer Test

In Phoenix, if you refuse to take a breathalyzer test when requested by law enforcement, you can face criminal penalties. These penalties include:

  • Surrendering your Driver’s License: Depending on the outcome of your case, you may be required to surrender your driver’s license, whether temporarily or permanently.
  • Driver’s License Suspension: Refusing a breathalyzer test in Phoenix can result in an automatic suspension of your driver’s license. The length of the suspension will depend on your prior DUI history.
  • Administrative Law Hearing: If you refuse a breathalyzer test, you have the right to request an administrative law hearing to contest the suspension of your driver’s license. You’ll definitely want to have a savvy DUI attorney in Phoenix by your side during this process to present a strong case on your behalf.
  • Fines: In addition to the license suspension, you can also face fines for refusing a breathalyzer test. These fines vary depending on the circumstances of your case.

Legal Representation and Criminal Defense

Again, it makes a huge difference to have the guidance of a skilled DUI attorney in Phoenix, Arizona, on your side so you can present the best possible defense. This is how an attorney can assist you:

  • Questioning the Evidence Against You: A DUI attorney will thoroughly review the evidence against you, including police reports, breathalyzer results, and witness statements. This allows them to identify any weaknesses in the prosecution’s case and build a strong defense strategy.
  • Analyzing the Legality of You Being Pulled Over: If the traffic stop leading to your DUI arrest was conducted without reasonable suspicion or probable cause, your attorney can challenge the legality of the stop. If successful, this can lead to the dismissal of the DUI charges.
  • Scrutinizing the Breathalyzer Results: DUI attorneys are well-versed in the science behind breathalyzer tests and can question their accuracy. They may challenge the calibration of the breathalyzer device or the qualifications of the person administering the test.
  • Possibly Negotiating a Plea Deal: If a conviction seems likely, a steadfast, hardworking Phoenix DUI lawyer will try to negotiate with the prosecution for a lesser charge or reduced penalties. This can minimize the impact of a DUI conviction.
  • Representing You in Court: If your case goes to trial, your lawyer will represent you in court and present your defense to the judge and jury. We will use our know-how and experience to advocate for your rights and fight for a favorable verdict.
  • Educating You About Any Options You Have If Convicted: If you are convicted of a DUI in Phoenix, an attorney will advise you of your post-conviction options like probation, alcohol education programs, or alternative sentencing options. We will guide you through the process to help you minimize the long-term consequences of your DUI conviction.

Self-Representation vs. Hiring an Attorney

While, yes, it is legally possible to represent yourself in a DUI criminal case, it is strongly recommended that you take advantage of hiring the best DUI attorney in Phoenix possible. DUI laws in Arizona are strict, and the consequences of a conviction can be severe. A skilled attorney, like our team at the Law Office of John Phebus, has the knowledge and drive to reduce your stress and present the strongest possible defense for you. We understand the intricacies of Arizona DUI cases and use our experience to your advantage. Hiring an attorney increases your chances of achieving a favorable outcome, plain and simple.

Choosing a DUI Attorney in Phoenix

When choosing a DUI attorney in Phoenix, AZ, you want to consider several factors to ensure you get the best legal representation you can. Here are some key things to look for:

  • Excellent Communication: Communication is king throughout the legal process. Choose an attorney who communicates clearly, reliably, and often, keeping you informed about the progress of your case.
  • Certified by the NCDD: The National College for DUI Defense (NCDD) offers certification to attorneys who have extensive knowledge of defending against DUIs. An attorney who holds this certification is a huge bonus.
  • Knows Arizona DUI Laws Inside and Out: Your Phoenix DUI lawyer should have a deep understanding of Arizona’s drunk driving laws and how they apply to your case. This is essential in formulating the most effective defense strategy possible for you.
  • Stellar Reviews: Read reviews and testimonials from past clients to get a sense of their satisfaction with the attorney’s services. This can provide valuable insight into the attorney’s professionalism and effectiveness.
  • Proven Track Record: Research the attorney’s track record and success rate in handling DUI cases. Look for client testimonials and case results to gauge their effectiveness.
  • Has Handled Dozens of Arizona DUIs: Find an attorney with extensive experience in handling DUI cases, specifically in Arizona. Familiarity with local laws and procedures is invaluable in sidestepping so many legal booby traps.

Choosing the right  DUI Lawyer in Phoenix can significantly impact the outcome of your case. Take the time to research and select an attorney who meets your specific needs.

Get In Touch With Us

If you would like to discuss options on your case and how we can provide legal help, contact The Law Offices of John Phebus Glendale Criminal and Personal Injury Lawyer today and connect with one of our highly experienced Glendale criminal defense attorneys.

Defending Against a DUI Charge in Phoenix

There are several possible defenses that can be used to challenge a DUI charge in Phoenix. Here are some common defenses that an experienced criminal defense lawyer will employ:

  • No Witnesses: If there were no witnesses to your driving behavior, it makes it difficult for the prosecution to prove that you were actually driving under the influence.
  • Administered the Field Sobriety Tests Wrong: Field sobriety tests must be conducted in a very specific manner in order to be admissible as evidence. A skillful DUI attorney will challenge the administration or interpretation of these tests.
  • Lacking Probable Cause: The police must have probable cause to make an arrest. If it can be demonstrated that there was no valid reason for the arrest, the DUI charge can easily be challenged.
  • Lacking Reasonable Suspicion: If the initial traffic stop was conducted without reasonable suspicion, again, the DUI can and should be challenged. Your attorney will argue that your traffic stop violated your Fourth Amendment rights against unreasonable searches and seizures.
  • Corpus Delecti: The principle of corpus delecti requires the prosecution to establish that a crime has been committed. If there is insufficient evidence to prove that a DUI offense occurred, the charges can be challenged.
  • Denying You Access to Your Lawyer: If you were not allowed to consult with an attorney or the police purposely delayed your lawyer, this can be used as a defense.
  • Breath Test Procedures Not Followed: Breathalyzer tests must be conducted properly and in accordance with established protocols. If the administration of the test was flawed, the results can be challenged.
  • Breathalyzer Machine Errors: Breathalyzer machines must be properly calibrated and maintained according to a strict set of procedures. If there is evidence that the machine used in your case was faulty, the test results should be challenged.
  • No Physical Control of Vehicle: If you were simply sitting behind the wheel but not driving or perhaps sleeping in the driver’s seat, it can be argued that you were not in actual physical control of the vehicle at the time of the arrest. Again, this defense can be used if you were found in a parked vehicle or were not in possession of the keys, for example.
  • Private Telephone Call Not Permitted: If the police did not provide you with a private phone call to contact an attorney, this can be used as part of your defense.
  • Failure to Prove Time of Driving: The prosecution must establish the time at which you were driving under the influence. If they cannot provide clear evidence of the time of driving, the DUI charge can be challenged.
  • No Access to Independent Blood Test: If you requested an independent blood test, which we recommend that you do, and were denied the opportunity to obtain one, it can be used as a defense.
  • Poorly-Written Police Report: The police report plays a crucial role in a DUI case. Any inconsistencies, inaccuracies, or misleading information in the report can be used to weaken the prosecution’s case against you.
  • Didn’t Read Miranda Rights or Ignored You When You Invoked Your Rights: The police are required to inform you of your Miranda rights when arresting you. If they failed to do so, or if you invoked one of your Miranda rights, like the right to remain silent, and the police ignored it, we can use this to fight your case.
  • Blood Drawn Incorrectly: If blood was drawn for measuring your BAC, there are strict protocols that must be followed. If the blood draw was conducted improperly, we can use it to defend you.
  • Blood Storage or Vial Handling Errors: Blood samples must be properly stored and handled to preserve their integrity. If there are issues with the storage or handling of the blood sample, it can be used as a defense.
  • Blood Test Flaws: Blood samples are often tested using specialized machines. If there is evidence that the machine used to test your blood sample was malfunctioning, this can help your case.
  • Physical/Dietary Conditions: Certain physical conditions and dietary factors can affect the accuracy of breathalyzer test results. Your attorney can explore these factors with you.

Consequences and Penalties

The impact of a DUI conviction in Phoenix, Arizona, can be very serious. Understanding these potential consequences is essential in order to make informed decisions and take appropriate action. Here are the legal consequences of a DUI in Phoenix, Arizona:

First Offense

For a first-time DUI conviction in Phoenix, it will most likely be treated as a class 1 misdemeanor, and you will risk facing:

  • A minimum of 10 consecutive days in jail
  • A minimum fine of $1,250
  • Mandatory alcohol screening, education, and treatment
  • Mandatory installation of a certified ignition interlock device on any vehicle you operate
  • Community service
  • A license suspension of 90 days to 1 year

Second or Subsequent Offenses

If you have prior DUI convictions, the penalties for a second or subsequent offense will be more severe. You can be sentenced to:

  • A minimum of 90 days in jail
  • A minimum fine of $3,000
  • A license revocation for 12 months
  • Mandatory installation of an ignition interlock device on any vehicle you operate

Drunk Driving that Results in Death

If a DUI results in the death of another person, expect more serious criminal charges than just a DUI, like vehicular manslaughter, negligent homicide, or even second-degree murder. The potential penalties for these additional charges can range from several years to decades in prison.

DUI Convictions and Your Permanent Criminal Record

A DUI conviction in Arizona will remain on your criminal record forever unless you take action to have it removed. Here are the potential options:

  • Expungement: Arizona does not allow DUIs to be expunged. Expunging a conviction effectively erases it from your record. However, petitioning for a set aside or sealing the conviction can achieve similar results.
  • Petition to Seal: In certain cases, you may be able to petition the court to seal the record of your DUI conviction. This means that the record will not be accessible to the public, but it is still visible to law enforcement agencies and certain government entities.
  • Set Aside: Setting aside a conviction means that the court declares the conviction null and void, like annulling a marriage. While the conviction will still appear on your record, it gets marked as “set aside,” indicating that it no longer has any legal effect. This can help mitigate the impact of the conviction on background checks and other situations.

DUIs and Driving Privileges in Arizona

A DUI conviction in Arizona will affect your driving privileges. Here are some outcomes to expect:

  • Automatic Suspension: If you are arrested for DUI in Arizona, your driver’s license will automatically be suspended. The length of the suspension will depend on the specifics of your case, including previous DUI convictions.
  • Restricted License: In some cases, you may be eligible for a restricted driver’s license that allows you to drive to and from work, school, or other necessary activities during your license suspension period. This requires the installation of an ignition interlock device on your vehicle. Ask your Phoenix DUI lawyer about this option if it is something you are interested in.
  • License Revocation: For multiple DUI convictions or certain aggravating circumstances, your driver’s license can be permanently revoked. This means that you will lose your driving privileges forever.
  • Commercial Driver’s License: If you hold a commercial driver’s license, a DUI conviction can result in the revocation of your commercial driving privileges as well, effectively ending your current career.

Need the Best Phoenix DUI Specialist Available?

If you are facing drunk driving charges in Phoenix, you’ll want to find the best DUI lawyer possible to help you through the legal process. The Law Office of John Phebus makes every effort to give you the best possible defense against DUI charges. Our experienced, steadfast, and reputable Phoenix DUI attorneys have a deep understanding of Arizona’s DUI laws and will fight to protect your rights. To set up a free legal consultation and case review, contact our office now.

John Allen Phebus – Experienced Personal Injury & Criminal Defense Attorney

John Phebus is a seasoned attorney specializing in personal injury and criminal defense law. With a focus on DUI defense, vehicular crimes, and serious injury cases, John has been fiercely advocating for his clients, ensuring they receive the representation and compensation they deserve. His expertise and dedication have led to numerous successful outcomes. If you’re seeking a knowledgeable and passionate attorney who will fight for your rights, John Phebus is here to help.

Years of experience: +30 years


Client Reviews

What our clients are saying about us

Rose Mary G

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It was absolutely an immense pleasure working with The Law Offices of John Phebus. My attorney,John Phebus , gave the case for my family member all the time and attention that was needed to be successful with their appeal. He is an amazing person and excellent attorney. He has a calming and confident presence with his practice. I never once was treated as anything other than a valuable client by Mr.Phebus. I very much appreciate the knowledge and support I received through his Law firm. John’s team is highly experienced and helpful. Most importantly they treated our case with much care. Extremely impressed by their dedication and professionalism.

Frequently Asked Questions

Yes, in some cases, it is possible to negotiate with the Maricopa County Attorney’s office for a lesser charge or reduced penalties. Of course, this depends on the specific circumstances of your case, your lawyer, and the strength of the evidence against you. An experienced Phoenix DUI attorney like the Law Office of John Phebus can assess your case and advise you on the potential for a reduced charge.

The DUI court process in Phoenix typically involves the following:

  • Investigation: Law enforcement investigates the alleged DUI offense, gathers evidence, and conducts sobriety tests.
  • Arraignment: The court formally charges you with a DUI, and you enter your plea.
  • Preliminary Hearings: The court reviews the evidence against you and determines if there is sufficient cause to proceed with a trial.
  • Trial: If your case proceeds to trial, the prosecution and defense present their arguments and evidence to the judge or jury.
  • Verdict: The judge or jury deliberates and decides on the outcome.
  • Sentencing: If you are convicted, the court imposes penalties and determines the appropriate punishment.

Several factors can influence the cost of hiring a Phoenix DUI attorney. These factors generally include:

  • Location: The cost of legal services, like anything, varies based on the location. Attorneys in Phoenix might have different fees depending on their office locations. Discuss fees with a lawyer upfront.
  • Nature of Your Case: The complexity of your DUI case will affect the cost. Complicated cases require more time, investigation, hiring costly expert witnesses, and extra resources across the board, resulting in higher fees.
  • Experience: As you no doubt already know, attorneys with more experience tend to charge higher prices.
  • Paying a Retainer Fee: Some Phoenix DUI lawyers do require a retainer fee upfront to get started working on your case.
  • Paying Hourly: Some attorneys charge an hourly rate for their criminal defense services.
  • Paying a Flat Fee: On the other hand, some attorneys offer flat fees for specific legal services, such as representation during an arraignment or a trial.
  • Additional Costs: Additional costs are unfortunately unavoidable and include things like court filing fees, fines, MVD costs, and, again, expert witnesses. These costs are separate from and in addition to the attorney’s fees.

Discuss fees and costs with your chosen Phoenix DUI attorney upfront to ensure transparency and avoid any surprises.

 

If you have been arrested for a DUI in Phoenix, you may be wondering if you will be required to install an Ignition Interlock Device (IID) in your vehicle. An IID is a device that requires you to pass a breathalyzer test in order for your engine to start. This ensures that you are not under the influence of alcohol when you are behind the wheel.

In Phoenix, the laws regarding mandatory IID installation after a DUI conviction are strict. Arizona has one of the toughest DUI penalties in the country, and the use of IIDs is a key component of the state’s efforts to combat drunk driving. In general, if you are convicted of a DUI, it’s safe to assume that you will be required to install an IID in your car.

There are some exceptions to this requirement. For example, if it is your first DUI offense and your blood alcohol concentration was below 0.15%, installing an IID could possibly be avoided. However, note that the court has the discretion to order IID installation, even for first-time offenders.

The length of time that you will be required to have an IID installed in your vehicle depends on the specifics of your case. In general, the minimum requirement is 12 months, but it can be longer if you have multiple DUI convictions or if you have other aggravating factors, such as a high BAC or a minor in the vehicle at the time of the offense. IID installation in Phoenix is not very expensive, generally costing $100 to $150.

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