DUI Crimes

ARIZONA CRIMINAL DEFENSE ATTORNEY FOR DUIs

Most Trusted DUI Attorney in Phoenix, AZ

Facing a DUI charge in Arizona can be an overwhelming and frightening experience. However, you are by no means alone. Here at the Law Office of Michael Alarid, we are understanding of each of our clients' scenarios and stop at nothing to provide aggressive representation to ensure the most favorable outcome. 


Let's look at the different categories of Driving Under the Influence charges.


Standard DUI / Regular DUI - ARS 28-1381(A)(1) & (A)(2)


In Arizona, a regular DUI charge is classified under Arizona Revised Statute 28-1381 as an individual being impaired to the slightest degree by any amount of alcohol or drugs, or having a BAC (blood alcohol concentration) ranging from .08% to .149% within 2 hours of being pulled over by a police officer.


Even for a first-time regular DUI charge, the penalties and fines can be incredibly harsh. To begin, there is a minimum mandatory 10-days in jail (9 days can be suspended if alcohol screening is completed), a minimum of $1,480 in fines, your license suspended for a minimum of 90 days, an Ignition Interlock Device installed on your vehicle for one year (may be eligible for only six months), and alcohol screening/follow up counseling. Then there may be other additional costs, such as jail costs, an increase in auto insurance, and vehicle impound to name a few.


Receiving a second or third Regular DUI conviction with a 7-year timespan is when the punishments can get very serious. You are now becoming a repeat offender.


With the second offense regular DUI charge, you could be looking at a minimum of 90 days in jail (30 consecutive days service with 60 days suspended after completing drug screening and treatment), a minimum of $3,500 in fines and surcharges, your license revoked for one year, an interlock device installed in your vehicle for one year after the revocation period, 30 days of community service, and alcohol screening/follow up counseling. All of which must be completed before reinstating your license.


A third DUI within a span of 7 years may be charged as a class 4 felony Aggravated DUI charge explained below.


What Is an Ignition Interlock Device?


An ignition interlock device is listed under Arizona DUI Laws for individuals who were caught driving under the influence of drugs and alcohol. The device can test your BAC levels at the very start of the vehicle and in random 15-minute intervals.


If the device detects any amount of alcohol in your system, the engine of your vehicle will not start and will report the failed test. Failing an interlock test can lead to severe consequences to the point a judge may extend the ignition interlock requirement even longer.


Once the court orders you to install an ignition interlock device, you will need to contact your local licensing agency of this device. Once an appointment is made, you will then have to pay all monthly costs for the device as well as the installation fees. Your average ignition interlock device costs an average of $60-$90 per month.

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Arizona DUI Laws and DUI Defenses

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Common Defenses Used in an Arizona DUI Case

1. No Reasonable Suspicion to Stop

The first area that could result in your case being dismissed is a challenge to the stop itself. If your attorney can prove the officer did not have reasonable suspicion to pull you over in the first place your lawyer can file a motion to dismiss all charges.


2. No Probable Cause to Arrest

The second area that could result in your case being dismissed is a challenge to the probable cause to arrest you. If your attorney can prove the officer did not have probable cause to arrest you in the first place your lawyer can file a motion to dismiss all charges. When a field sobriety test is given, the officer has a strict set of guidelines that they must go by while it is being conducted. If for some reason, they deviate from these guidelines, your attorney can help you challenge the probable cause to arrest which may result in dismissal of all charges. 


3. Coerced Consent for Blood Draw

Another area that your attorney may get your case dismissed is a review of whether the officers coerced you into consenting to a blood draw by using threats or promises to get your consent. 


4. Inaccurate Intoxilyzer BAC Levels

There are many ways to challenge the BAC results police obtained from breath through the intoxilyzer device. The intoxilyzer device has many ways an experienced attorney can challenged the accuracy of the results such as health conditions like GERD or acid reflux which may greatly impact the results, body/breath temperature, blood to breath partition ratio, and others. If you blew into an intoxilyzer you will need an experienced DUI attorney to help prove your innocence with the cops. 


5. Inaccurate Blood Tests

There are multiple ways that can lead to inaccurate blood tests. To challenge the blood BAC results, a close review of the blood draw, the chain of custody of the blood, the conditions under which the blood was stored prior to testing, whether the analyst followed the proper procedures and protocols, while testing, and whether the instrument was working properly when your blood was tested are necessary to see if mistakes were made. An experienced DUI attorney who understands the science behind the blood testing is necessary to have a fighting chance in these cases.

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Criminal defense lawyer Michael Alarid is 1 of only 5 attorneys in Arizona who has qualified for and passed the National College for DUI Defense’s (NCDD) Board Certification Examination. He has a proven track record of success defending clients in all types of DUI cases, from first-time extreme DUI and super extreme DUI to felony DUI.

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