Regardless of your income level, you should have a lawyer when facing any criminal charge. In addition to the many consequences that can be imposed by the judge, a DUI conviction can affect your ability to drive a car and may even affect your job.
A qualified attorney can review the case for defects, suppress evidence, compel discovery of such things as calibration and maintenance records for the breathalyzer machine, have blood samples independently analyzed, negotiate for a lesser charge or reduced sentence, obtain expert witnesses for trial, and contest the administrative license suspension.
You may be entitled to a public defender based on your income. However, public attorneys are limited in the amount of time they can dedicate to your case. You may risk your case getting "lost in the shuffle." Further, a public defender will NOT represent you in front of an Administrative Law Judge at the Arizona Department of Motor Vehicles.
What are the police looking for?
While at the police academy, officers are "trained" to make observations of impaired persons. Unfortunately, even people who have not had anything to drink may demonstrate these very subjective characteristics. Often there are alternative explanations for the following:
Turning with a wide radius, straddling center of lane marker, and weaving
Speed more than 10 mph below limit
Stopping without cause in traffic lane
Following too closely or braking erratically
Responding slowly to traffic signals or accelerating or decelerating rapidly
Driving with headlights off
Speeding is not a symptom of DUI. Because of quicker judgment and reflexes required for speeding, it may indicate sobriety.
If I am stopped by a police officer and he asks me if have been drinking, what should I say?
You are not required to answer potentially incriminating questions. A polite "I would like to speak with an attorney before I answer any questions" is a good reply.
Do not answer questions. You have a constitutional right to remain silent.
Should I take the eye test and other field sobriety tests?
Do not agree to take field sobriety tests, including the eye test (otherwise known as the Horizontal Gaze Nystagmus). There is no consequence for refusing this test.
What are the field sobriety tests?
The Field Sobriety Tests (FSTs) are three tests administered at the scene by the police to determine if the subject is intoxicated. There are other tests that can be performed, but the following three are the only ones certified by the National Highway Traffic Safety Administration.
Walk and Turn: In this test, the subject must stand on a line with his feet in the heel-to-toe position with his arms at his sides. He must then take steps down the line in a prescribed way, turn around, and then return to his original position while counting his steps aloud.
One Leg Stand: In this test, the subject must stand with his heels together and arms at his sides. The subject then must stand on one foot and hold the other foot straight out and approximately six inches off the ground while counting aloud.
Horizontal Gaze Nystagmus (HGN): "Nystagmus" refers to an involuntary jerking of the eyeball. Under the influence of alcohol, this involuntary jerking can be more distinct. In this test, the subject is to follow a pen or penlight 12-15 inches away with his eyes. The officer then looks for Nystagmus.
Should I take a blood, breath, or urine test?
Do not agree to take a breath, blood, or urine without first consulting with an attorney. If you cannot contact an attorney it may be a good idea to consent to the test, as Arizona Law requires you do so, or your driver's license may be revoked for one year.
The breath test is a technique used by the government to determine if there is alcohol in your system and to measure the amount. In these cases, you are asked by a police officer to blow into a breathalyzer or intoxilyzer, which will then provide the operator with an allegedly correct reading. Arizona law requires that the machine used to capture your breath be properly calibrated and serviced with DHS guidelines, the test be given by a certified operator, and the test be administered within DHS guidelines. There are well-publicized incidents of government abuse, misuse, and gross neglect when using these machines against DUI suspects. It is imperative that someone accused of a DUI involving a breathalyzer consult a DUI attorney.
Blood alcohol analysis is an attempt to measure by chemical analysis the amount of alcohol in your blood at a given time. Arizona law requires that the blood be drawn, collected, stored, and tested within strict DHS guidelines. A trained DUI lawyer should be consulted if your case involves a blood draw
Why am I charged with two DUIs?
The real reason is that the Arizona State legislature wanted to make it easier for the prosecutor to prove this case. Because of this, the State probably charged you with:
1. Driving While Under the Influence, requiring the State to prove that your ability to drive was impaired to the "slightest degree."
2. Driving While Intoxicated, otherwise known as having a blood alcohol concentration of above .08 within two hours of driving. If your alcohol reading shows a concentration above .15, the State can now charge you with Extreme D.U.I.
An Extreme DUI is a law passed by the Arizona State Legislature, which enhances penalties for DUI based on blood or breath alcohol content over .15 within 2 hours of driving. If convicted, the increased penalties include a minimum, mandatory 10-day jail sentence, the installation of a breath interlock device on your vehicle, and also increased fines and fees.
What if I have another DUI within 7 years?
Arizona law has increased penalties for individuals convicted of a second DUI, within 7 years. The penalties may range from a minimum, mandatory 30-day jail sentence to a 120 to 180 days. The time difference depends on whether the prior DUI or current DUI was/is an Extreme DUI. Additionally, a second offense conviction in 7 years also could lead to a 12 - 18 month Driver's License suspension. .
The Arizona legislature passed this law designed to punish repeat DUI offenders or those convicted DUI offenders driving on a suspended license with a Class 4 Felony. In addition to providing all the elements of a DUI, the government must prove that an individual is either (a) guilty of a 3rd DUI in a 5-year period, or (b) is driving on a suspended license. In regards to (b), the State must prove beyond a reasonable doubt that the individual's license was suspended and they knew or should have known of the suspension. The possible punishment for an Aggravated DUI ranges anywhere from supervised probation with a minimum, mandatory 4-month prison sentence as a condition of probation to 3.75 years in the Department of Corrections. If a person has multiple prior felony convictions, the government can seek to punish them with up to 15 years in prison. Additionally, the individual faces a mandatory license revocation.
What if I am a minor charged with DUI?
Arizona law increases penalties for minors driving with alcohol in their system. It is illegal for a minor to have any alcohol in their system and drive. If convicted, the DMV will revoke the underage drinker's license for a lengthy period. The methods of proving a minor is driving with alcohol in their system may be problematic and it is imperative to consult with an attorney if facing this charge.
What is an administrative hearing?
Since a driver's license is more than just a privilege, it has become widely accepted that this valuable document cannot be suspended or revoked without affording Due Process. Due Process consists of an administrative hearing conducted by the DMV. These hearings greatly differ from court proceedings and it is important to have an attorney that understands the difference. The purpose of the hearing is to confirm whether grounds for a suspension exist. If an adverse determination is given, the hearing is usually subjected to judicial review or an appeal.
What are the penalties for DUII?
The penalties for a D.U.I. vary depending upon your prior history, and the circumstances surrounding your particular case. Arizona law requires a minimum sentence in all D.U.I. cases.
What will happen to my driver's license?
If your blood-alcohol reading is above .08, Motor Vehicle may suspend your license for 90 days. If eligible, after the first 30 days of suspension, a restricted license for work purposes may be issued. The license suspension may occur regardless of whether or not you have been convicted of a D.U.I.
If you refuse to comply with a police officer's request to take a blood, breath, or urine test, your driver's license may be revoked for one year. This may also happen regardless of whether or not you have been convicted of D.U.I.
You are entitled to a hearing with an Administrative Law Judge at the MVD. We can represent you at this hearing.