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Dealing with a DUI arrest is scary, but it’s important to stay calm and take the appropriate steps to protect your rights and build a strong defense. As Sun City DUI defense lawyers, here are the first steps we recommend that you take after a DUI arrest:
Get legal advice from a Sun City DUI defense attorney as soon as possible after your arrest. We can guide you through the legal process, explain your rights, and help you understand the DUI laws and process. We will review the evidence against you, identify any potential defenses, and work towards the best possible outcome for your case.
In Arizona, a DUI arrest triggers both a criminal case and an administrative process to suspend your driver’s license. You have only 15 days from the date of your arrest to request an administrative hearing to challenge the license suspension. Your Sun City DUI defense attorney can help you request this hearing and present a compelling case to preserve your driving privileges.
As part of the legal process, you may be required to undergo an alcohol screening. This screening determines if you have an alcohol dependency or addiction issue. As your attorney, we can help you understand the process and ensure that it is conducted fairly and accurately.
In some cases, the court can require you to complete DUI education programs. These programs aim to educate motorists about the risks and consequences of drunk driving. We can ensure that you meet any and all court-imposed requirements.
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In certain instances, the Sun City court can require you to attend Traffic Survival School. This school provides education and training to improve your driving behavior and reduce the risk of future traffic violations.
In Arizona, the court may order the installation of an Ignition Interlock Device (IID) in your vehicle. This device measures your blood alcohol concentration before you start your motor to ensure there is no alcohol in your system. Your attorney can help you understand the requirements and ensure compliance with the court’s orders.
Following a DUI conviction, you will need to obtain SR-22 car insurance. This special type of high-risk insurance is a proof of financial responsibility that is filed with the Department of Motor Vehicles. Unfortunately, these policies can be very costly.
DUI (Driving Under the Influence) is a criminal offense in Sun City, Arizona, that occurs when an individual operates a vehicle while impaired by alcohol, drugs, medication, or a combination of intoxicants. Arizona law distinguishes several levels of DUI offenses based on blood alcohol concentration (BAC) and other factors. These DUI offenses in Sun City are defined as:
A DUI charge in Sun City is typically based on a driver’s BAC being above the legal limit of 0.08%. However, even with a BAC below the legal limit, you can still be charged with a DUI if there is evidence of impairment, such as erratic driving or failing a field sobriety test.
What is known in Arizona as an “Extreme DUI” applies when a driver’s BAC is above 0.15%. The penalties for an Extreme DUI are more severe than those for a standard DUI, including higher fines, longer license suspension, and mandatory alcohol education and treatment programs.
What Arizona refers to as a “Super Extreme DUI” applies when a driver’s BAC is above 0.20%. This is the highest level of DUI offense in Sun City and carries even harsher penalties, including increased fines, longer license suspension, mandatory alcohol education and treatment programs, and possible mandatory jail time.
An Aggravated DUI charge can be filed if additional dangerous factors are present, such as driving drunk with a suspended license, with a child passenger, or having multiple DUI offenses within a certain timeframe. As you might imagine, aggravated DUI charges result in enhanced penalties.
Being convicted of a DUI for the first time in Sun City can have significant consequences. As a Sun City DUI defense lawyer, these are the penalties our clients typically receive under the law.
A first-time DUI conviction in Sun City can result in fines ranging from approximately $1,500 to $2,500. The actual amount depends on various factors, including the specific circumstances of the case and any prior criminal history.
A first-time DUI offense in Sun City, AZ, carries a mandatory minimum jail sentence of 10 days. This sentence can potentially be reduced or eliminated with steadfast legal representation from the Law Office of John Phebus.
Upon conviction for a DUI in Sun City, your driver’s license will be suspended for at least 90 days. During this period, you can try to get what is called a restricted permit that allows you to drive for specific purposes, like going back and forth to work only.
As part of the sentencing for a first-time DUI offense, the court may order mandatory alcohol or drug screening and education programs. These programs aim to address any substance abuse issues and educate individuals about the risks associated with impaired driving.
Probation is commonly imposed for first-time DUI offenses in Sun City. The terms of probation often include regular check-ins with a probation officer, random drug and alcohol testing, and compliance with all court-imposed requirements.
Following a DUI conviction, you must get high-risk car insurance, also known as SR-22 insurance. This type of insurance is more expensive than standard car insurance and is mandatory for a specified period after your DUI conviction.
An Arizona DUI can have various implications for employment, depending on the type of job you have and the policies of your employer. As Sun City DUI defense lawyers, here are some common scenarios we see where a DUI conviction impacts employment:
Commercial drivers, like truckers, bus drivers, and delivery drivers, can also face serious consequences from a DUI conviction. Federal regulations often require the suspension or revocation of commercial driver’s licenses for those convicted of DUIs.
A DUI conviction can affect employment opportunities for government contractors. Many government contracts require that subcontractors have clean criminal records.
Doctors and other licensed medical professionals should expect some disciplinary action from their licensing boards after a DUI. This could include a suspension or revocation of their medical licenses, and it can impact their ability to continue practicing medicine.
If you work as a rideshare driver, a DUI conviction will clearly have severe consequences, including the possible suspension or termination of your employment. Rideshare companies have strict policies regarding DUI convictions to ensure the safety of their passengers.
For local Sun City teachers, a DUI can result in disciplinary action from the Peoria Unified School District or the Arizona State Board of Education. It can impact job security, future promotions, and the ability to obtain teaching positions in other school districts.
For Scottsdale County Sheriff’s Department deputies, a DUI conviction can obviously have detrimental consequences, including losing their jobs. Law enforcement agencies have strict policies regarding DUI convictions in order to maintain the integrity of their personnel and general accountability to the public.
A DUI conviction can have significant repercussions for those serving in the military. It may affect promotions, security clearances, and future assignments. In some cases, it can lead to disciplinary action or even discharge from the military.
Additionally, it’s important to note that under Title VII of the Civil Rights Act of 1964, employers are technically prohibited from using either misdemeanor or felony convictions as an automatic barrier to employment. Some exceptions apply if the conviction directly relates to the job, like a driving job, or if the employer has a compelling business reason to exclude individuals with convictions.
In Sun City, as in the rest of Arizona, drivers are subject to “implied consent” laws, which means you have implicitly agreed to submit to a breathalyzer test if arrested for suspicion of driving under the influence. Refusing to take a breathalyzer test can have serious consequences. Here’s what you need to know about the potential implications of breath test refusals.
It’s important to know what the law says. Section 28-1321.D. of the Arizona Revised Statutes states that refusing to take a breathalyzer test can result in an automatic one-year driver’s license suspension for a first-time offense. Subsequent refusals can lead to longer suspensions.
This law relies on the legal concept of “implied consent,” which means that by obtaining a driver’s license in Arizona, you have agreed to submit to a breathalyzer or blood test upon arrest for suspicion of DUI. In other words, refusing the test violates this agreement and triggers license suspension.
You should know that in Sun City, a breathalyzer test administered on the roadside, commonly referred to as a Preliminary Breath Test (PBT), is optional. However, once arrested, you are required to take a different breathalyzer test at the police station or other designated testing facility. Ask to talk to your lawyer and inquire about the option for a blood test instead.
Refusing a breathalyzer test in Arizona carries consequences beyond the automatic license suspension. If you refuse the test, the prosecution can use your refusal as evidence of your guilt in court. Additionally, your refusal can be used against you during any administrative hearings related to your driver’s license suspension.
If you are charged with a DUI in Sun City in which you caused an accident, the consequences are more severe. Reach out to a Sun City DUI defense lawyer, like the Law Offices of John Phebus, to get advice and guidance on managing a DUI involving an accident. Here’s how we can assist you:
Again, let’s start with knowing the law. In Arizona, DUI-related accidents are covered under ARS §28.1381, which addresses DUIs resulting in injury or death. This statute specifies enhanced penalties for these offenses, including bigger fines, longer jail sentences, and mandatory participation in alcohol and/or drug treatment programs.
For a first-time DUI offender involved in an accident, the sentence ranges from 1.5 to 3 years in prison and/or fines of up to $150,000. Additionally, probation can be mandated as part of the sentencing, allowing you to serve your sentence in the community under certain conditions.
For a second-time DUI offender causing a collision, the sentence increases to 2.25 to 6 years in prison. The fines can also increase, and the individual may be required to complete a longer, more involved alcohol or drug rehab program.
Causing a third drunk driving crash, of course, results in even harsher penalties, including a prison sentence ranging from 8 to 15 years and fines of up to $150,000. The court can also impose mandatory alcohol or drug treatment programs as part of the sentence.
In Arizona, challenging DUI charges requires some strategy, research, experience, and planning. A Sun City DUI defense attorney can analyze the evidence, identify potential weaknesses in the prosecution’s case, and develop effective counter-strategies. Here are some common defense strategies we use with our clients:
Police officers must have reasonable suspicion or probable cause to initiate a traffic stop or arrest you for a DUI. As your attorney, we can examine whether the police officer had a valid reason to stop your vehicle, review video evidence of the stop, and scrutinize the legality of the arrest. If there indeed was a lack of probable cause, it could lead to a dismissal or reduction of charges.
Many people try to obey the spirit of the law by “sleeping it off” in their cars, and then safely driving home later. To be charged with a DUI, you must have been in actual physical control of the car. If you were merely sitting in a parked vehicle, did not have keys in the ignition, or had no intention of driving, your attorney can challenge the validity of your arrest based on the fact that you were “drunk parked,” not “drunk driving.”
Breathalyzer tests can have a shocking 50% margin of error. So, if your DUI lawyer in Sun City isn’t thoroughly examining the maintenance records of the breathalyzer machine, challenging the calibration of the device, and questioning the qualifications of the officer who used it on you, keep shopping around. If a breathalyzer test was conducted incorrectly or under questionable circumstances, it could weaken the prosecution’s case.
A breathalyzer is designed to measure alcohol coming up from the lungs, and the presence of alcohol in your mouth can artificially elevate the breathalyzer readings. Factors like belching, vomiting, or having recently used a certain mouthwash or breath fresheners can leave residual alcohol in the mouth, leading to inaccurate breathalyzer readings.
The prosecution must prove that you were impaired to the slightest degree in order to secure a DUI conviction. We can question the evidence presented by the district attorney and present alternative explanations for observed behaviors or performance on field sobriety tests.
Blood tests can also be subject to errors, contamination, mishandling, and improper storage. Your attorney can challenge the chain of custody of your blood sample and examine the lab procedures to identify potential flaws in the testing process. If there are issues with the blood test, it will definitely cast doubts on the accuracy of the results.
Certain electronic devices, such as police radios or cell phones, can interfere with breathalyzer results.
If you tested positive for drugs in your system, but you have a valid prescription for the corresponding medication, your attorney can challenge the charges against you based on this. It can demonstrate that your use of the medication was perfectly legal and did not impair your ability to drive.
Law enforcement is required to read your Miranda rights when taking you into custody and before conducting any questioning. Failure to read these rights results in whatever you say during the arrest not being admissible as evidence.
How Does Sun City Handle Underage DUIs?
In Sun City, underage Driving While Intoxicated is taken extremely seriously. Arizona has a “Not a Drop” law, which prohibits individuals under the age of 21 from operating a motor vehicle with any amount of alcohol in their system, i.e., not a drop.
Arizona’s “Not a Drop” law applies to individuals under the age of 21 and establishes a zero-tolerance policy for any alcohol in their system while operating a motor vehicle. Even a trace amount of alcohol can result in a DUI charge for an underage driver.
In Sun City, for a minor being arrested on a first-time DUI, the penalties include up to six months in jail, a two-year driver’s license suspension, court fees and fines up to $2,500, mandatory substance abuse education, counseling, and screening, and required community service. If a subsequent underage DUI were to occur, these penalties would be more strict.
Field sobriety tests are often conducted by police officers to determine if a driver is under the influence. While field sobriety tests are intended to provide evidence of impairment, they are unreliable and inaccurate. Here’s what you need to know about field sobriety tests in Sun City DUI cases:
A field sobriety test is a series of coordination, balance, and cognitive tests designed to assess an individual’s level of impairment, if any. Common field sobriety tests include the Horizontal Gaze Nystagmus test, Walk and Turn test, and One-Leg Stand test.
Under Arizona law, you are not legally required to submit to a field sobriety test. Unlike a breathalyzer test, which carries penalties for refusal, you have the right to decline performing field sobriety tests. Many of them are difficult to do even when you’re completely sober, and they discriminate against the elderly, disabled, and non-native English speakers.
Again, field sobriety tests are subjective as they are influenced by various factors like weather conditions, someone’s physical condition, and the officer’s interpretation. These tests are known for their low accuracy rates and are almost always challenged by experienced DUI defense attorneys in the local Sun City court.
From arrest to sentencing in Sun City, a misdemeanor DUI can take two months to over a year based on which court you’re in, how busy that court’s calendar is, the facts of the case, and if there was a dismissal, plea agreement, or jury trial. Felony DUIs or those involving special circumstances can take even longer to resolve.
If you are facing DUI charges in Sun City, seek the guidance of the Law Office of John Phebus. Our brilliant, tried-and-true Sun City DUI defense attorneys have an excellent understanding of DUI laws and will provide you with helpful guidance throughout the process. To set up a free consultation, contact us now.
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 Linkedin Profile: John Allen PhebusJohn Allen Phebus – Experienced Personal Injury & Criminal Defense Attorney
Client Reviews The Law Offices of John Phebus, and in particular my Lawyer Roland Rillos are a Very trustworthy and capable law firm. It’s never pleasant to need a lawyer – but I would highly recommend Roland. He was informative every step of the way, always available, and very upfront about costs. Their payment options made it very affordable. If you need legal help I highly recommend them GBP Review: Daniel HallWhat our clients are saying about us
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1 month ago 
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During a DUI stop in Sun City, you have the right to remain silent and not answer any questions beyond providing your identification and registration. It’s advisable to politely decline any requests by the police to perform field sobriety tests or take a breathalyzer test unless you have consulted with an attorney. Remember, you are not obligated to incriminate yourself.
You also have the right to consult with an attorney before submitting to any chemical tests. However, it’s important to note that Arizona has an implied consent law, which means that refusal to submit to a breathalyzer or blood test can result in an automatic driver’s license suspension. Your attorney can help you understand the potential consequences and guide you through the legal process.
After a DUI arrest, there are steps you can take to potentially avoid or minimize the length of your license suspension. You must request an administrative hearing within 15 days of your arrest to challenge the suspension. This hearing provides an opportunity to present evidence and arguments to support your case.
Having an experienced DUI attorney by your side during the administrative hearing can significantly improve your chances of retaining your driving privileges. They can help gather evidence, challenge the accuracy of the chemical test results, and present compelling arguments to the hearing officer.
In Sun City, DUI laws apply not only to alcohol but also to drugs, including both illegal substances and prescription medications. If a law enforcement officer suspects that you are impaired by drugs, they may conduct field sobriety tests or request a blood or urine test to determine the presence and concentration of drugs in your system. Arizona has a zero-tolerance policy for driving under the influence of drugs, including prescription medications.
Yes, Sun City offers several diversion programs aimed at rehabilitating DUI offenders and reducing recidivism rates. Participation in a diversion program can have various benefits, such as potential reductions in fines, community service hours, and periods of license suspension. However, eligibility for diversion programs may vary based on factors such as the nature of the offense, prior criminal history, and the discretion of the prosecuting attorney.
A prior criminal history, especially previous DUI convictions, can significantly impact your DUI case in Sun City. If you have prior DUI convictions within the past seven years, your current DUI offense may be charged as a felony rather than a misdemeanor. Felony DUIs carry more severe penalties, including longer jail sentences, increased fines, mandatory alcohol education programs, and the potential long-term consequences of having a felony conviction on your record.
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