Phoenix, AZ Defence Attorney for First Time DUI Offences

DUI arrests are uniquely indiscriminate. Your wealth, social standing and reputation won’t shield you from DUI charges if you’re pulled over with a BAC over 0.08%. Arizonans of all ages with otherwise pristine records are regularly pulled over and arrested for DUI.

Finding yourself in this situation is understandably upsetting, especially if you’ve never had an adversarial interaction with law enforcement or the criminal justice system. The consequences for a DUI in Arizona are harsh, even for people who have no previous DUIs on their record.

They may include:

• Minimum mandatory 10-day jail sentence (9 days can be suspended if alcohol screening is completed)
• Minimum of $1,480 in fines
• Minimum 90-day license suspension
• Mandatory installation of an Ignition Interlock Device on your vehicle for one year (may be eligible for only six months)
• Alcohol screening and follow up counseling
• Other additional costs, such as jail costs and vehicle impound costs



Some of the consequences of a first-time DUI conviction aren’t punitive or criminal in nature. You will likely see an increase in your auto insurance premiums. You may experience career or social consequences after a DUI arrest and conviction. The entire experience may negatively affect your mental wellbeing and peace of mind.

Having a BAC between 0.05% and 0.08% can potentially be problematic if the officer who pulled you over believes you are intoxicated (ARS 23-1381). Although it’s not guaranteed DUI charges will stick, it’s still possible for you to be charged with driving under the influence. A defendant will be presumed to not be under the influence of alcohol if their BAC is below 0.05%.

Even if you’re entirely sober when you’re pulled over, you could face a license suspension for refusing to submit to a breathalyzer, urine, or blood sample. Arizona has an implied consent law (ARS 28-1321) that applies to every person who operates a vehicle in the state. That means simply by driving a car, truck, SUV, or motorcycle in the state of Arizona, you’re agreeing to comply with law enforcement requests to undergo a blood, breath, or urine test for the purposes of testing for alcohol or drug content.

Potential penalties for refusing chemical testing include license suspension, mandatory alcohol counseling, and the installation of an ignition interlock device in your vehicle.



However, you are entitled to a hearing and legal representation for violations of Arizona implied consent law.

Being arrested for a DUI is disheartening, but an arrest is not a guilty verdict. You may have several potentially promising avenues of defense for a first-time DUI case. A few potential defenses include:

• The officer’s justification for the stop can be challenged
• Breath tests and blood tests are not beyond reproach
• Your criminal defense attorney can raise questions about the efficacy and administration of the field sobriety test
• Statements made prior to Mirandization can be challenged



Each case is different, and other potentially effective strategies may apply to your situation. It’s important to realize being arrested and charged with a DUI isn’t the end of the road. You’re entitled to a zealous representation by an attorney well-versed in Phoenix DUI law and defense strategies.