Wickenburg DUI Lawyer

What Are the Immediate Steps I Should Take After Being Arrested for a DUI in Wickenburg?

If you have been arrested for drunk driving in Arizona, here are five steps that we recommend you take as Wickenburg DUI lawyers:

• Request an Independent Blood Test: It is your right to request an independent blood test to challenge the accuracy of the roadside blood alcohol concentration (BAC) test conducted by law enforcement. This can be done by contacting a reputable medical professional, which your lawyer can arrange from jail for you.
• Getting Your Vehicle Out of Impound: If your vehicle was impounded after your DUI arrest, you will want to retrieve it as soon as possible. Contact the local authorities or impound lot to understand the process, fees, and necessary documentation required.
• Contest Driver’s License Suspension: Following a DUI arrest in Wickenburg, your driver’s license will be suspended. Take immediate action and request an administrative hearing to contest the suspension. Your DUI lawyer can guide you through this process.
• If the Police Take Your ID: In many cases, the police will confiscate your driver’s license during your DUI arrest. If this happens, you can request a temporary ID from the Arizona Department of Transportation (ADOT) until you can retrieve your license.
• Keep in Constant Contact with Your Lawyer: Throughout the entire DUI process, stay in touch with your lawyer. We can provide guidance, answer any questions you have, and keep you informed about the progress of your case.

What Are the Legal Limits for a DUI in Wickenburg, Arizona?

In Arizona, the legal blood-alcohol concentration (BAC) limit for a standard Driving Under the Influence charge is 0.08%. Blood, breath, and urine tests are used to measure a driver’s BAC level. However, breathalyzer tests are the most common method used by law enforcement. Here are a few other legal limits to consider:

“Slightest Degree”

In Arizona, you can be charged with a DUI if you are impaired to the slightest degree by drugs or alcohol. Even if your BAC is below the legal limit, if your ability to operate a vehicle is impaired, you can still face DUI charges.

Extreme DUI

If your BAC is 0.15% or higher, you can be charged with what is known in Arizona as an extreme DUI, which carries more severe penalties.

Super Extreme DUI

If your BAC is 0.20% or higher, you can be charged with what Arizona law refers to as a super extreme DUI, which, again, carries even harsher penalties.

Underage DUI

For drivers under the legal drinking age of 21, the legal BAC limit is 0.00%. Any detectable amount of alcohol in their system can result in a DUI. This is known as Arizona’s “not one drop” policy.

Standards for Commercial Drivers

Commercial drivers in Wickenburg are subject to stricter DUI standards. For commercial driver’s license (CDL) holders, the legal BAC limit is 0.04%.

What Penalties Might I Face for a First-Time DUI in Wickenburg?

Here are some of the penalties you might face if this is your first DUI arrest in Wickenburg, AZ:

First Misdemeanor DUI in Arizona

• Not less than 10 consecutive days in jail
• A fine of not less than $1,250
• Mandatory alcohol screening/education/treatment
• Mandatory installation of a certified ignition interlock device on any vehicle you operate
• Community service
• Class one misdemeanor

First Extreme DUI in Arizona

• Not less than 30 consecutive days in jail (no eligibility for probation or a suspended sentence)
• A fine of not less than $2,500
• Mandatory alcohol screening/education/treatment
• Mandatory installation of a certified ignition interlock device on any vehicle you operate
• Community service

First Aggravated DUI in Arizona

• Up to two years in jail
• Mandatory alcohol screening/education/treatment
• Mandatory installation of a certified ignition interlock device on any vehicle you operate
• Community service

Remember these penalties can vary depending on the specific circumstances of your case.

How Can a DUI Impact my Driver’s License in Wickenburg?

Yes, a DUI arrest and/or conviction will have an impact on your driver’s license. Following a DUI arrest, your driver’s license will automatically be suspended or revocation by the Arizona Motor Vehicle Division (MVD). You have the right to challenge this suspension by requesting an administrative hearing within 15 days of receiving notice.

If your driver’s license is suspended or revoked, you may qualify for a restricted license. This allows you to drive to and from work, school, or any court-ordered alcohol treatment programs only. Ask your Wickenburg DUI attorney for more information. In some cases, a DUI conviction can result in your license being completely revoked or, in other words, a complete loss of driving privileges. Reinstatement requires meeting certain conditions like completing an alcohol treatment program or installing an ignition interlock device.

If you do have an MVD hearing to challenge your driver’s license suspension, know that this is separate from your criminal case. Regardless of the outcome of the MVD hearing, you will still need to address the criminal charges in court. Moreover, during an MVD administrative hearing, the burden of proof is on the MVD to demonstrate that your license should be suspended or revoked. Your DUI lawyer in Wickenburg can help advocate for you to keep your driving privileges in your MVD hearing.

What Defenses Are Available for a DUI in Wickenburg?

As Wickenburg DUI attorneys, here are some common defenses that we use in court or while negotiating plea bargains with the Scottsdale County Attorney’s office:

• No Probable Cause: If the arresting officer did not have a valid reason to pull you over or did not have sufficient evidence to justify the arrest, it can be a defense strategy.
• Breath Test Is Inaccurate: Breathalyzer tests have been shown to have a whopping 50% margin of error due to various factors like improper calibration or operator error.
• A Poorly-Written Police Report: Inconsistencies, gaps, or other errors in the police report can weaken the prosecution’s case.
• Did Not Read You Your Miranda Rights: Law enforcement must inform you of your legal rights at the time of your arrest. Failure to do so can invalidate evidence obtained by police.
• Not Actually Driving: If you were not in actual physical control of a vehicle at the time of the alleged offense, that is a viable defense strategy.
• No Field Sobriety Tests: Challenging the reliability of field sobriety tests can be an effective defense strategy. These tests, such as the one-leg stand or the horizontal gaze nystagmus test, can be subjective and influenced by various factors.
• Violation of Right to Counsel: If you were denied access to your lawyer during questioning,  that can also render the evidence police obtained as inadmissible.
• Unlawful Detention: If you were unlawfully detained by police, this is also a violation of your rights and can render evidence invalid.
• Denying You an Independent BAC Test: You have the right to request an independent test to challenge the accuracy of the one conducted by law enforcement.
• Medical Problems: Certain medical conditions or medications can affect the accuracy of BAC tests.

Talk to your Wickenburg DUI Criminal Attorney specialist about the best defense strategy based on the specifics of your case.

How Does Wickenburg Treat DUIs Involving Drugs Versus Alcohol?

Arizona Revised Statute § 28-1381 prohibits driving under the influence of drugs or alcohol. To start, driving under the influence of marijuana is illegal in Arizona. The state has specific limits for the presence of marijuana metabolites in a driver’s system as well, for those legally using medicinal marijuana. Driving under the influence of illegal narcotics like cocaine or amphetamines is also, of course, prohibited. When it comes to prescription drugs, if you don’t have a valid prescription for what’s in your system, this can result in DUI charges.
In DUI cases where drug impairment is suspected, law enforcement is supposed to call  a Drug Recognition Expert (DRE) officer to the scene to evaluate you. These officers are trained to detect signs of drug impairment through specialized field sobriety tests. In DUI cases involving drugs, blood samples should be taken to determine the presence and concentration of drugs in a driver’s system, unlike an alcohol DUI where a breathalyzer might be used.

First-Time Drug DUI

A Level One drug DUI offense is charged when an individual is impaired to the slightest degree by drugs or has any drug metabolite in their system.

One Prior DUI Conviction in Seven Years

A Level Two drug DUI offense is charged when an individual has one prior DUI conviction within the past seven years and is impaired to the slightest degree by drugs or has any drug metabolite in their system.

Two or More Prior DUIs in the Past Seven Years

A Level Three drug DUI offense is charged when an individual has two or more prior DUI convictions within the past seven years and is impaired to the slightest degree by drugs or has any drug metabolite in their system.

What Role Do Breathalyzers Play in Wickenburg DUI Cases?

Breathalyzer tests can play a significant role in Wickenburg DUIs. First, a preliminary breath test is usually conducted at the scene of a traffic stop to determine if there is probable cause for an arrest. This test is voluntary, and refusing to take it should not result in penalties. Additionally, in Arizona, by obtaining a driver’s license, you have given implied consent to submit to chemical testing if suspected of driving under the influence.

Refusing a chemical test can result in an automatic driver’s license suspension. It’s also important to know that, in Arizona, you can be charged with a DUI even if your BAC is below the legal limit of 0.08%. Arizona law states that if you are impaired to the slightest degree by drugs or alcohol, you can be arrested for a DUI.

It’s also important to know that breathalyzer tests have a margin of error of approximately 50%, according to certain sources. This means that the test results often do not accurately reflect a person’s true BAC level. As Wickenburg DUI Legal Counsels, here are a few things to consider on this point:

• Breathalyzer tests can produce inaccurate results due to various factors, such as radio interference or operator error.
• Breathalyzer equipment must be regularly calibrated to ensure accurate results. Challenging the calibration records and maintenance of the breathalyzer machine is a viable defense strategy.
• If the officer administering the breath test or the staff responsible for maintaining the equipment lack proper training, this can be used in your defense.
• The observation period between a DUI suspect’s last drink and the breathalyzer test is crucial. Challenging the accuracy of these observation times can weaken the prosecution’s case.
• If the breathalyzer test was conducted in an unacceptable manner or if there were errors in the testing procedure, this can also be used as part of your defense.
• Breathalyzer test results can be affected by external factors like mouth alcohol or other contaminants. If you had alcohol in your mouth at the time of the test, this can be used in your defense.

Can I Refuse a Field Sobriety Test in Wickenburg? What Are the Consequences?

Field sobriety tests are a series of physical and mental exercises designed to determine if a driver is impaired by drugs or alcohol. Common tests include the one-leg stand, walk-and-turn, and horizontal eye movement test. One problem is that field sobriety tests are subjective and rely on the officer’s judgment. Various factors, such as nervousness, fatigue, or physical limitations, can impact the results.

In Arizona, you have the right to refuse to perform field sobriety tests. Refusing a field sobriety test can lead to an arrest if there is other evidence of impairment though. You should note that refusing a field sobriety test does not carry the same penalties as refusing a breathalyzer or blood test.

To be clear, refusing to perform field sobriety tests can still result in you being arrested if there is other evidence against you, like the officer’s observations, erratic driving, or the smell of alcohol. Further, a refusal can be used as evidence against you if you are charged with DUI. Talk to a hardworking, reputable, and steadfast Wickenburg DWI Defense Lawyer to understand the potential consequences specific to your situation.

In Wickenburg, What Is the Process for a DUI Trial?

Arrest

The DUI arrest occurs when law enforcement officers have probable cause to believe that you were driving under the influence. You will be taken into custody, and your vehicle is usually impounded.

Initial Appearance

After your arrest, you will have your initial court appearance. This is a brief hearing where the charges against you are read, and bail may be set. You’ll want to make sure that you’ve decided on a DUI lawyer by this time and have your attorney be present at this hearing.

Arraignment

The arraignment is when you enter a plea of guilty, not guilty, or no contest.

Initial Pretrial Conference

This is a meeting between your DUI lawyer, the prosecutor, and the judge to discuss pretrial matters and identify any key issues in the case. It is an opportunity for both parties to negotiate and potentially reach a resolution.

Informal Conferences

Additional informal conferences may be held to discuss possible plea negotiations, evaluate the strength of the evidence, and explore alternatives to trial.

Comprehensive Pretrial Conference

The comprehensive pretrial conference is a formal hearing where the judge reviews the progress of the case, hears motions filed by the parties, and sets a trial date, if necessary.

Suppression Hearing or Evidentiary Hearing

If there are any motions to suppress evidence or challenges to the admissibility of certain evidence, a special hearing is held to address these issues. This hearing focuses on the legal arguments and evidence presented by both the defense and prosecution.

Trial Readiness Conference

This conference is held shortly before the trial to ensure that both parties are prepared for trial and have addressed all outstanding matters. The judge may also discuss potential plea negotiations.

Trial

If the case proceeds to trial, a judge or jury will hear the evidence presented by both sides. The trial involves opening statements, witness testimony, cross-examinations, and closing arguments. The judge or jury will then deliberate and reach a verdict.

Sentencing

If you are found guilty or plead guilty, the sentencing phase will follow. The judge will consider various factors like the circumstances of the offense, any prior convictions, and mitigating or aggravating factors. A sentence will then be imposed, which can include fines, probation, jail time, and other penalties.

How Does a Prior DUI Conviction Affect a Current DUI in Wickenburg?

In Wickenburg, having a prior DUI conviction can significantly impact a current DUI case. As DUI lawyers, we have seen the difference a prior conviction can make. Arizona has enhanced penalties for individuals with prior DUI convictions. Repeat offenders face harsher penalties as a deterrent to future offenses. Some of those differences include:

• Sentencing Guidelines: There are mandatory sentencing guidelines for repeat DUI offenders in Arizona. These guidelines take into account the number of prior DUI convictions within a specified time frame.
• From Misdemeanor to Felony: Multiple DUI convictions within a specific time frame can elevate the offense from a misdemeanor to a felony.

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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

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