First-Time DUI
ARIZONA CRIMINAL DEFENSE ATTORNEY FOR FIRST-TIME DUI OFFENSES
Defense Attorney for First Time DUI Offences in Arizona
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 10-day jail sentence (9 days may be suspended upon treatment)
- Approximately $2,000 in fines and assessments
- Minimum 90-day license suspension
- Possible Ignition Interlock Device on your vehicle for one year
- 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.
Can I Get a DUI If My BAC Is Below 0.08%?
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 28-1381). Although it’s not guaranteed DUI charges will stick, it’s still possible for you to be charged with driving under the influence. If a defendant’s BAC is 0.05% or lower, Arizona law allows a presumption that the defendant was not under the influence of alcohol. However, other evidence of impairment may still be considered.
Are There Consequences for Refusing to Take a Breathalyzer or Blood Test?
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.
There’s a Difference Between Test Failure and Guilt
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.
What Prosecutors Consider in a First-Time DUI Case
- Driving behavior: Allegations of speeding, weaving, failing to maintain a lane, or running a traffic signal
- Officer observations: Reports describing the driver’s speech, balance, appearance, odor of alcohol, and statements made during the stop
- Field sobriety tests: The officer’s administration of the tests and the driver’s reported performance
- Breath or blood test results: Chemical test results are often reviewed along with the procedures used to collect, preserve, and analyze the sample
- Video and witness evidence: Body camera footage, dash camera recordings, surveillance video, and witness statements may support or contradict portions of the police report
- Accidents or injuries: If the arrest involved a collision, prosecutors may also consider property damage, alleged injuries, and evidence collected during the crash investigation
- Prior criminal history: Prosecutors may review whether the defendant has any other criminal record, even in first-time DUI cases
Common Mistakes People Make After Their First DUI Arrest
For many people, a first DUI arrest is also their first experience with the criminal justice system. That unfamiliarity does increase the risk of inadvertently doing something, or failing to do something, that makes your case more complicated or the consequences more serious. Avoiding a few common mistakes can help prevent additional complications as your case moves forward.
Assuming the Case Is Straightforward
Many first-time defendants believe they have no options because they failed a breath or blood test. However, every case involves its own facts, evidence, and legal issues that should be evaluated individually.
Missing Important Deadlines
A DUI arrest can involve both court proceedings and Arizona MVD deadlines. Missing a required hearing, court appearance, or other deadline may create additional complications.
Driving Without Understanding Your License Status
A first-time DUI arrest does not necessarily mean your driving privileges end immediately. Usually, the officer who stopped you serves you with an Order of Suspension at the time of the arrest (or later in some blood-test cases). The suspension generally becomes effective 30 days after you're served. The paperwork you receive should explain your right to request an MVD hearing or summary review.
If you request the hearing by the deadline, the administrative suspension is generally stayed while the hearing is pending. The MVD does not return your physical license if it was surrendered, but it may issue temporary permits allowing you to continue driving until a final decision is made.
Violating Release Conditions
If the court imposes release conditions, failing to follow them can create additional legal issues while the underlying DUI case is still pending.
Waiting Too Long to Speak With a DUI Attorney
Speaking with an attorney early allows you to better understand the charges, the evidence, upcoming deadlines, and what to expect as your case moves forward.
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RECENT CASE RESULTS
COMMON FAQS
Frequently Asked Questions About First-Time DUIs in Phoenix
Will I lose my driver's license after my first DUI?
A first-time DUI arrest may affect your driving privileges through both the criminal court system and the Arizona Motor Vehicle Division (MVD). Whether your license is suspended, for how long, and whether you may qualify for restricted driving privileges depends on the specific circumstances of your case and any applicable Arizona laws.
Will I have to go to jail for a first DUI?
Arizona law includes mandatory minimum jail sentences for many first-time DUI convictions. However, the amount of time a person actually serves depends on factors such as the type of DUI charge, the circumstances of the case, and how the matter is ultimately resolved.
Will my employer find out about my DUI?
Not necessarily. Whether an employer learns about a DUI depends on many factors, including your occupation, whether your job requires driving, company policies, professional licensing requirements, and whether a background check is performed. Some employers require employees to report criminal charges, while others do not.
Can I still drive to work after my first DUI?
That depends on the status of your driver's license and any restrictions that apply to your case. Some people may be temporarily unable to drive, while others may become eligible for limited driving privileges or reinstatement after meeting certain legal requirements and following the proper MVD process.
Can I travel while my DUI case is pending?
Typically, yes. Most people charged with a DUI are allowed to travel while the case is pending unless the court has imposed a specific travel restriction. If you were visiting Arizona when you were arrested, you will usually be allowed to return to your home state while the case proceeds.
However, you must continue complying with all release conditions and appear for any court dates that require your attendance. Your attorney can explain whether some hearings may be handled without you appearing in person.
Should I plead guilty to my first DUI?
Every DUI case is different. Before deciding whether to plead guilty or accept any resolution, it is important to understand the evidence, the available legal options, and the potential consequences. An experienced DUI defense attorney can review your case and explain the options available based on your specific circumstances.
Why did police perform both a breath test and a blood test?
In some DUI investigations, law enforcement may administer more than one type of chemical test. Officers may use a preliminary breath test during the investigation and later obtain a blood sample, or they may seek additional testing if they believe more evidence is necessary. The specific reasons vary from case to case.
Why haven't my blood test results come back yet?
Blood testing often involves transporting samples to a laboratory, completing scientific analysis, and preparing reports before the results become available. Depending on laboratory workloads and the complexity of the testing, this process may take weeks or, in some cases, several months.
What's the difference between field sobriety tests, breath tests, and blood tests?
These tests serve different purposes during a DUI investigation. Standardized field sobriety tests evaluate physical coordination and divided attention based on an officer's observations. Breath tests estimate blood alcohol concentration using a breath sample. Blood tests involve laboratory analysis of a blood sample and may be used to measure alcohol concentration or test for the presence of certain drugs.
Can I refuse field sobriety tests?
Yes. Field sobriety tests and chemical tests are treated differently under Arizona law. Refusing to submit to a breath or blood test after a lawful DUI arrest may result in a one-year driver's license suspension under Arizona's implied consent law.
There is no statutory penalty for refusing a Standardized Field Sobriety Test (SFST) in Arizona, but prosecutors may argue that a refusal should be considered along with the other evidence in the case. An experienced DUI attorney can explain how these issues apply to your specific case.
Why was I charged with more than one DUI offense?
Arizona law allows prosecutors to allege more than one DUI offense arising from the same traffic stop. For example, a person may face one allegation based on being impaired to the slightest degree and another based on an alleged blood alcohol concentration measured within the legal time period.
Multiple allegations do not necessarily mean multiple convictions, and each charge must still be supported by the evidence.
GET A FREE CONSULTATION TODAY
Consult with a Phoenix First-Time DUI Lawyer
Phoenix Criminal defense lawyer Michael Alarid is 1 of only 6 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. Mr. Alarid has the knowhow and experience to defend against these types of charges. You can schedule a consultation today by calling (602) 818-3110.