Best DUI & DWI Lawyers in Phoenix

About DUI & DWI Law in Phoenix, United States

Driving under the influence (DUI) and driving while intoxicated (DWI) are serious offenses in Phoenix, Arizona. Phoenix follows Arizona state laws, which have stringent penalties for impaired driving to ensure road safety. These offenses typically involve operating a vehicle while under the influence of alcohol, drugs, or other intoxicating substances. Arizona has a zero-tolerance policy for underage DUI and enforces severe penalties, including fines, license suspension, mandatory education programs, and even incarceration.

Why You May Need a Lawyer

Hiring a lawyer for a DUI or DWI case in Phoenix can be crucial for several reasons. First, a lawyer can help navigate the complexities of the legal system, ensuring that the accused's rights are protected. Common situations needing legal assistance include:

• If you have previous DUI/DWI convictions, which can lead to harsher penalties.
• If the DUI/DWI offense involved an accident, injury, or property damage.
• When facing extreme DUI charges, which involve higher BAC levels and more severe penalties.
• If you're a commercial driver whose livelihood could be at risk.
• In cases of out-of-state offenders who need to understand Arizona's specific legal requirements.

A lawyer can potentially negotiate plea deals, assist in license restoration, or even challenge the validity of the arrest itself based on procedural errors.

Local Laws Overview

Phoenix, under Arizona state law, has some specific legal provisions relevant to DUI & DWI charges:

• The legal blood alcohol concentration (BAC) limit is 0.08% for drivers over 21, 0.04% for commercial drivers, and 0.00% for those under 21.
• Arizona employs various DUI classifications, including Standard DUI, Extreme DUI (BAC of 0.15% or higher), and Super Extreme DUI (BAC of 0.20% or more).
• First-time offenders may face incarceration, fines, and mandatory attendance in a substance abuse education program.
• Implied consent laws mean that refusing to take a chemical test could lead to a 12-month license suspension.
• Aggravated DUI is a felony and applies to repeat offenders, DUIs with suspended licenses, or DUIs involving minors in the vehicle.

Frequently Asked Questions

What is the difference between DUI and DWI in Phoenix?

In Arizona, DUI typically refers to driving under the influence of alcohol or drugs, with DWI being less commonly used but essentially carries the same implications regarding impaired driving.

Can I refuse a breathalyzer test in Phoenix?

While you can refuse, Arizona's implied consent law means your license will be suspended for 12 months due to refusal, regardless of actual intoxication.

What are the consequences of a first-time DUI in Phoenix?

Consequences for a first-time DUI in Phoenix may include up to 10 days in jail, fines, community service, mandatory education programs, and a potential one-year license suspension.

Is DUI a felony or a misdemeanor in Phoenix?

DUI can be a misdemeanor or a felony in Phoenix. Aggravated DUI, such as repeat offenses or those involving children, is treated as a felony.

How long does a DUI stay on my record in Arizona?

A DUI conviction in Arizona remains on your criminal record permanently. However, it specifically impacts your driving record for 5 or 10 years for different DMV policies regarding insurance.

Can I get a DUI for prescription drugs?

Yes, you can be charged with a DUI if prescription drugs impair your ability to drive safely, even with a valid prescription.

What should I do if pulled over for suspicion of DUI?

It's advisable to remain calm, respect law enforcement, provide requested documentation, and refrain from making any self-incriminating statements. Contact a lawyer as soon as possible.

How does an Arizona DUI affect out-of-state driver licenses?

Phoenix recognizes the Driver License Compact, meaning Arizona may report convictions to your home state, which could apply their own penalties.

What defenses are available for DUI cases?

Common defenses include challenging the legality of the traffic stop, the accuracy of breathalyzer/calibration, and questioning officer conduct or procedural errors.

Can a DUI charge be expunged in Phoenix?

Arizona does not offer expungement, but you may be able to have your record set aside, indicating that you completed sentencing and highlighting rehabilitation.

Additional Resources

For further assistance, individuals can contact the following resources:

• Arizona Department of Transportation's Motor Vehicle Division (MVD)
• Arizona Governor’s Office of Highway Safety
• Local libraries for access to DUI laws and statistics
• State Bar of Arizona for lawyer referrals
• National Highway Traffic Safety Administration for educational material

Next Steps

If you or a loved one is facing DUI or DWI charges in Phoenix, consider taking the following steps:

• Contact a qualified DUI/DWI attorney immediately to discuss your case.
• Gather and retain all relevant documents and information related to the incident.
• Attend all court hearings and comply with legal or court-order requirements.
• Investigate insurance implications and adjust coverage as necessary.
• Consider engaging in community service or education programs preemptively, as they may be ordered by the court.

It is critical to act promptly to protect your rights and explore all legal options available to you.