Anyone facing DUI charges should secure a Glendale DUI lawyer as soon as possible after arrest to minimize the possible punishments and protect their rights. Driving under the influence (DUI) is a serious offense that can lead to fines, jail time, and additional penalties depending on individual circumstances and prior criminal history.
If the state has wrongfully pressed DUI charges against you, you need legal representation to clear your name and help you avoid harsh penalties. Several mitigating factors could lead to lighter sentencing for DUI offenses, such as attending drug and alcohol education courses or community service. The Glendale DUI lawyers at the Stewart Law Group can scrutinize the charges against you and help you determine your best defenses. Contact our Glendale, AZ, office today to schedule a meeting with one of our Glendale criminal defense attorneys.
Glendale, AZ DUI Attorney Quick Links
- Why Work With Stewart Law Group?
- What is Considered a DUI in Arizona?
- Refusing Breath or Blood Tests
- You Can Be Arrested With a BAC Under .08%
- You Can Be Arrested If You Weren’t Driving
- DUI Penalties
- Contact Us Today
Why Work With Stewart Law Group?
A DUI charge may seem simple at first, but there are countless factors that could lead to penalties and exorbitant fines. An individual facing DUI charges may believe it wisest to simply opt for a public defender at no cost. While public defenders are often fantastic attorneys, they handle many cases at a time and generally cannot offer the same level of personalized attention as a private defense firm like the Stewart Law Group.
- The Glendale DUI attorneys at Stewart Law Group have extensive experience with all types of DUI cases.
- Our firm has helped thousands of clients defend against criminal charges of all kinds in Arizona.
- We take a client-focused approach to every case we handle and understand that individual factors can play important roles in DUI case proceedings.
- The attorneys at Stewart Law Group are former prosecutors, meaning we know how the prosecutors of the Glendale court system build their cases and how judges try DUI cases.
Hiring a criminal defense attorney from the Stewart Law Group to handle your DUI case increases the chance of reduced sentencing. It is also possible the police arrested you unjustly and there are no grounds for a DUI case due to mistaken identity or questions over established control of your vehicle at the time of arrest. A criminal defense attorney will carefully analyze the prosecution’s evidence to determine the available defenses in a DUI case.
Drug DUIs are quite serious as well. Not only could the DUI conviction incur the same penalties as a DUI, additionally, but a drug-related DUI could also lead to additional drug charges. Contact professional drug DUI attorneys in Glendale to build a case for you if you have been accused of a drug DUI.
What Is Considered an Alcohol- Related DUI in Glendale, Arizona?
In Arizona, it is illegal to drive under the influence of alcohol if your blood alcohol concentration is .08% or higher. It’s also illegal to drive under the influence of any alcohol if you’re impaired in the slightest. If you’re pulled over and a DUI is suspected, the officer will typically request that you do field sobriety tests. You are not required to do this and can refuse if you wish. Additionally, the officer might also request that you take a portable breath test, which you are also not required to do.
Refusing Breath or Blood Test
However, if you are arrested, you will be asked to take either a breath test or a blood test. If you refuse this one, law enforcement will likely obtain a search warrant to take your blood or perform the breath test, and you will lose your license for 1 year (if it is your second refusal within 7 years, you will lose your license for 2 years).
In the meantime, you will receive a 15-day driving permit, and can challenge the suspension, usually on one of the following grounds:
- Police didn’t have reasonably grounds to suspect that you were driving under the influence;
- You were not placed under arrest;
- You didn’t refuse the test; or
- Law enforcement did not inform you of the consequences of your refusal.
You Can Be Arrested and Convicted Even if You’re BAC is Under .08
Many people don’t realize that an arrest and conviction can be secured even if their BAC is under .08%. If you consumed alcohol and are impaired in the slightest, this is enough for a DUI arrest and conviction. For this reason, it’s never totally safe to drive after you’ve been drinking, even if it was only one drink.
You Can Be Arrested and Convicted Even if You Weren’t Driving
Another important thing to know regarding DUIs in Arizona is that in some cases, because of the way the law is written, you can actually be arrested for driving under the influence even if you weren’t driving. To be guilty of a DUI, you must be in actual physical control of the vehicle. If police find an intoxicated driver in the vehicle, an arrest may occur, depending on the totality of the circumstances.
If you were arrested for a DUI and you weren’t driving, your lawyer can present evidence showing that you weren’t in actual physical control of the vehicle as part of your defense. To determine whether you have actual physical control of the vehicle, the following factors will be considered:
- Whether the vehicle was running
- Where the keys were located
- Where the vehicle was found – legally parked, on the side of the road, in the middle of the road, etc.
- Whether the individual was awake
- The time of day and conditions of the road
- Whether the vehicle’s lights were on
- Whether the windows were up or down
- Whether the heat or air conditioning was on
- Any other explanation of the circumstances shown by the evidence
If you’re found sleeping in a legally parked car with the keys in your pocket, it’s less likely that you would be arrested for a DUI than if you’re found in the driver’s seat, pulled off on the side of the road with the engine running. Each case will be determined based on the totality of the circumstances, as there is no objective test to determine actual physical control.
Possible Penalties for DUI in Arizona
Arizona courts sentence DUI offenders based on their number of prior DUI convictions, their level of impairment at the time of arrest, and damages or other criminal activity associated with the arrest.
- A blood-alcohol concentration (BAC) of 0.08% to 0.149% qualifies for a DUI charge, punishable by fines of at least $1,480, 90 days of driver’s license suspension, a minimum of 10 days in jail, and six months to one year of ignition interlock device (IID) use.
- BAC of 0.15% to 0.199% qualifies as an extreme DUI charge, punishable by fines of at least $3,000, 45 days in jail, 90 days or more of driver’s license suspension, and one-year mandatory IID use.
- BAC of 0.2% or more qualifies as a super extreme DUI, punishable by a minimum of 45 consecutive days in jail, fines of $3,250 or more, 90 days or longer driver’s license suspension, and one-year mandatory IID use.
- Subsequent offenses incur more severe penalties. A second offense with a BAC of 0.08% to 0.149% will lead to a minimum of 90 days in jail, and the convicted offender must serve at least 30 of those days consecutively and use an IID for at least one year. Fines increase to a $3,000 minimum, and driver’s license suspension increases to a one-year minimum.
Contact The Stewart Law Group Today
Contact our DUI defense attorneys in Glendale, Arizona as soon as possible if you were arrested for driving under the influence. We understand the impact this can have on your life, and we want to start preparing an effective defense strategy immediately. We have extensive experience handling DUI cases and treat each case with the care it deserves. Contact us today to set up a free consultation to discuss your legal options.