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A DUI conviction on your record can lead to significant consequences, including the loss of your license for a year, the mandatory installation of an ignition interlock device (IDD), and thousands of dollars in fines. When you are facing a DUI charge, it can be intimidating, and you might not know how to put together an effective defense against the charge. This is why hiring an experienced Scottsdale DUI defense attorney from The Law Offices of John Phebus is important.
Make no mistake, a DUI charge is a legal emergency and it is in your best interest to speak with a criminal defense lawyer as soon as possible. Our law office also gives legal representation to those with DUI charges in Peoria, Sun City, Surprise, and other areas in Maricopa County.
Under Arizona DUI laws, it is a crime for any person who is under the influence of intoxicating liquor or any drugs to drive a car or be in actual physical control of any vehicle. Applying for a driver’s license in Arizona includes giving consent to testing for your blood alcohol concentration or drug content (BADC) when you are arrested for driving while under the influence of intoxicating liquor or drugs (DUI). Through this informed consent law, officers in Arizona can request that you submit a BADC test of your blood, breath, urine, or other substance to measure the amount of drugs or alcohol in your bloodstream.
Refusing to submit to a BADC test leads to an automatic arrest for DUI, the loss of your driving privileges for 12 months, and the requirement that you complete alcohol or drug screening prior to obtaining a restricted permit to reinstate your license. DUI criminal charges can severely impact your future and should not be taken lightly.
Yes. In Arizona, anyone who is arrested on suspicion of driving under the influence will have his or her license automatically suspended. This is true even if the individual has not yet been convicted. If you refuse to take a breathalyzer test, you will also have your driver’s license automatically suspended for 12 months. Arizona has an implied consent law, where all licensed drivers give their implied consent to submit to chemical testing during DUI traffic stops.
The length of your driver’s license suspension will depend on the circumstances. For a first-offense DUI, your license may be suspended for up to one year. If you are arrested for a second or subsequent DUI within an 84-month period, your license will be suspended for two years. In some circumstances, you may qualify to receive a restricted driver’s license that can allow you to drive to necessary locations, such as work and school.
While there is no way around having your driver’s license suspended due to a DUI, you can request a hearing at the Motor Vehicle Department within 10 days of your arrest. At this hearing, you or your Scottsdale DUI defense attorney can fight to potentially restore your driving privileges. Your lawyer may argue that you were not under the influence or that the prosecutor does not have enough evidence to prove a DUI case against you, for example.
In Arizona, you may have your vehicle impounded upon suspicion of driving under the influence. Arizona Revised Statute, Section 28-3511 states that a peace officer has the right to remove and either immobilize or impound a motor vehicle for 30 days if the officer has reasonable suspicion to believe that the driver is operating the vehicle while under the influence of drugs or alcohol.
If your car gets taken away from you under Arizona’s 30-day impound law, you will receive a Notice of Impoundment. This will have details such as where your vehicle is being stored and how you can retrieve it at the end of the holding period. However, you have the right to request a hearing to try to have your vehicle released early. You must request this hearing within 10 days of having your vehicle impounded.
Rather than going before a judge, you or your attorney will argue for the release of your vehicle before a police officer. Your attorney may argue that you did not commit the DUI or use another defense to secure the early release of your vehicle. If successful, you will still need to pay all the fees and charges associated with the impoundment of your vehicle to get the car back, including a tow charge and a daily storage fee from the holding lot.
Maricopa County also takes the percentage of alcohol in one’s system into account when charging someone with a DUI. If the test results show a BAC between 0.15% and 0.20%, you could be charged with what is known as “Extreme DUI”. An extreme DUI charge in Scottsdale carries harsher punishment than a regular DUI charge, even if the defendant is a first-time offender, including a mandatory minimum of 30 days in jail, a hefty fine, and community service.
If your BAC test results show a blood alcohol concentration of 0.20% or higher, you could be facing a “Super Extreme DUI” charge. As you can imagine, the punishments for this type of DUI charge are even harsher than extreme DUI charges. This DUI charge carries a mandatory minimum of 45 days in jail, a 30 day impound on your vehicle, and hefty fines.
If you are facing extreme DUI or super extreme DUI charges, we highly recommend a free consultation with a Scottsdale DUI defense attorney from our law firm. The criminal charges you’re facing could permanently alter your life and even strip you of some rights. A DUI defense attorney from The Law Offices of John Phebus can review your case and create the best defense strategy possible in order to help you from harsh DUI penalties.
Having more than one driving under the influence conviction on your criminal record will lead to more severe consequences and penalties for the second or subsequent DUI. Arizona is not kind to repeat drunk driving offenders. You will be classified as a repeat offender if your first DUI occurred within the last seven years (84 months) of your second. If this is not your first DUI case, you could be facing harsher penalties, such as:
If you are facing DUI charges with a prior DUI already on your record, it is crucial to hire an experienced Scottsdale DUI defense attorney. Facing felony charges can have permanent ramifications on your life, such as giving up the right to vote. A DUI lawyer in Scottsdale at The Law Offices of John Phebus will do everything possible to minimize the Arizona DUI penalties that you face as a repeat offender, potentially protecting you from lengthy jail time and other life-changing consequences.
The police have the right to request a blood or breathalyzer test during a traffic stop if they suspect someone is driving under the influence. Every motor vehicle operator in Arizona gives their implied consent to breath and blood tests when they obtain a driver’s license. If you refuse to take this test during a traffic stop, you will be subject to automatic penalties, including the suspension of your driver’s license.
During a traffic stop, it is crucial to cooperate with the police and not resist arrest. Refusal to take a blood or breath test does not guarantee that you won’t be convicted of DUI. While the prosecutor will not have scientific evidence proving that you were over the legal limit, the fact that you refused to take the test can serve as evidence of your intoxication. Discuss this with an attorney after getting pulled over for an alleged DUI. The police cannot listen in on any phone calls made to your DUI defense attorney.
Yes, a DUI charge in Scottsdale can be successfully defended. While we never guarantee positive results, our attorneys will work relentlessly to craft the strongest available defense strategy for your specific case. We will work to achieve the best possible case outcome, whether this is charge dismissal, acquittal at trial, or substantially reduced penalties with a plea deal.
Potential defense options against DUI charges include:
Our lawyers will carefully analyze your DUI case for all possible defense options. We will search for holes or weaknesses in the prosecution’s case against you, as well as opportunities to have evidence suppressed or ruled as inadmissible. You can trust our DUI attorneys to recognize the best defense for your case and work hard to obtain a favorable result.
Getting arrested for a DUI while under the legal drinking age of 21 can result in different penalties than a typical DUI in Arizona. There is a different due process, as this type of crime does not require proof that the driver had a blood alcohol concentration level at or above 0.08 percent. Arizona is a Zero Tolerance state, meaning that an underage person can get arrested for DUI with any detectable amount of alcohol in his or her system.
However, defense strategies are available to fight an underage DUI charge, even if they may look different from regular DUI defenses. Depending on the case, defense tactics may include accidental intoxication, not in actual physical control of a motor vehicle, something other than drugs or alcohol that triggered the test results, or unlawful arrest. Your Scottsdale DUI defense lawyer may also be able to minimize the penalties you face if you’re convicted of a DUI, such as representing you in court to argue against the suspension of your license.
While you might have an opportunity to work with a public defender free of charge, public defenders often have many more cases than they can handle. As a result, they often do not have the time or resources to build a proper defense for the criminal cases they represent.
At The Law Offices of John Phebus, we use decades of experience in criminal law to build strong cases and are dedicated to fighting for the best outcome possible in defense of all of our clients. Our DUI lawyers will defend your rights, protect your professional licenses and reputation, and refuse to allow you to be prosecuted for anything that the state cannot absolutely prove each and every element of. We are a client-focused firm and provide our clients with top-notch criminal defense for their Scottsdale DUI charges.
Reach out to The Law Offices of John Phebus to schedule a free case consultation or call today at (623) 847-7117 to discuss your best options and how a Scottsdale DUI defense lawyer can support your case.