If you’ve been arrested for driving under the influence in Phoenix, you may be wondering why it is so important to have a DUI attorney Phoenix to represent you. There are a number of reasons why it is important to have an attorney who specializes in DUI cases guiding you from the time of your arrest until your criminal trial has ended. Your attorney can gather information about your case, speak with the prosecutor to try to make arrangements for a plea deal, ask expert witnesses to testify during your trial, and speak on your behalf at administrative proceedings and prior to sentencing. Having a DUI attorney on your side can make the difference between winning your case and being convicted of DUI and having to face all of the penalties associated with such a conviction.
DUI Attorney Phoenix Explains Laws
You can be prosecuted for driving under the influence in one of two ways in the state of Arizona. If you have consumed alcohol and your ability to safely operate a motor vehicle has become impaired, you can be charged with driving under the influence. This type of case is based on your actual level of impairment. You can also be charged with driving under the influence based on chemical testing results. If your blood alcohol concentration level is above 0.08% (the legal limit in Arizona), you can be charged with driving under the influence even if you did not show any physical signs of impairment while driving. Extreme DUI prosecution can occur when a driver’s blood alcohol content level exceeds .15% since this is considered an extremely high blood alcohol level. If you are a minor and operate a motor vehicle after consuming alcohol, this can affect how you are charged and the penalties you will face. If you have been charged with driving under the influence based on impairment or based on the results of a chemical test, hiring a DUI attorney Phoenix should be your first step to defending yourself.
DUI Attorney Phoenix Explains Classification of DUI Cases
For a first offense without any special circumstances, you will be charged with a misdemeanor. If you have received two other convictions for DUI in a five year time period, any subsequent driving under the influence cases can be charged as felonies. Many circumstances can change how a DUI case is charged. If you commit a DUI offense while your license is suspended or revoked, this can change the charge from a misdemeanor DUI to a felony DUI. Your case can also be charged as a felony if you were driving with a child under 15 years of age while committing your DUI offense. When the prosecutor takes a case to trial, you will have a jury of six people unless you waive your right to a jury trial. If a trial is waived, a judge will make a decision in the case. Instead of waiving your right to trial and experiencing negative consequences, consult with a DUI attorney Phoenix and find out what your best course of action is for proceeding.
DUI Attorney Phoenix Explains Criminal Penalties
The penalties imposed for DUI convictions in Arizona depend on a number of factors including blood alcohol level and other aggravating circumstances. A first offense with a BAC of 0.08% to 0.15% can lead to 10 days in jail, 90-day license suspension, $250.00 fine, $500 assessment cost, counseling, and up to 5 years of probation. If your first offense involves a BAC of 0.15% or greater, you can face 30 days in jail, $2,000 in fines, 90-day license suspension, counseling, up to 5 years of probation, and installation of an ignition interlock device in your vehicle. If you commit a subsequent offense within a 5-year period, the penalties increase. For a second offense, you can face 90 days in jail, $2,000 in fines, one-year license revocation, counseling, installation of ignition interlock device in your vehicle, and up to 5 years of probation. Second offenses that are considered extreme can carry penalties of 120 days in jail, $2,000 in fines, one-year license revocation, counseling, probation of up to 5 years, and the installation of an ignition interlock device in your vehicle. If you commit a third offense, the penalties are even harsher. They can include a mandatory four months of prison time, up to $150,000 in fines, 3-year license revocation, counseling, up to 5 years of probation, and forfeiture of your vehicle. Having a DUI attorney Phoenix on your side is the only way to have a chance of avoiding these penalties and winning your DUI case.
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