Best DUI & DWI Lawyers in Tempe

About DUI & DWI Law in Tempe, United States

Driving under the influence (DUI) and driving while intoxicated (DWI) are serious offenses in Tempe, United States. Both terms refer to operating a motor vehicle while impaired by alcohol, drugs, or a combination of both. While the specific terms used and their definitions can vary, Arizona law - which covers Tempe - treats these offenses with severe penalties and strict enforcement. A conviction can have significant consequences that affect personal freedom, finances, and even future employment opportunities.

Why You May Need a Lawyer

Many people facing DUI or DWI charges in Tempe find themselves in unfamiliar and stressful circumstances. You may need a lawyer if you have been pulled over and arrested for suspected impaired driving, if you refused or failed a breathalyzer test, or if you are facing repeat offenses. Legal representation is highly recommended if you are unsure of your rights, want to challenge the evidence against you, or seek to minimize the penalties. A qualified lawyer can evaluate your case, guide you through the legal process, and advocate on your behalf, possibly reducing or dismissing the charges depending on your circumstances.

Local Laws Overview

Tempe adheres to Arizona state DUI laws, which are among the strictest in the United States. It is illegal to operate a vehicle with a blood alcohol content (BAC) of 0.08 percent or higher for most drivers, and 0.04 percent for commercial drivers. Drivers under the age of 21 can be charged with DUI for any detectable alcohol in their system. Arizona also has "zero tolerance" and "extreme DUI" categories, with harsher penalties for BAC levels of 0.15 percent or higher. Penalties can include jail time, fines, license suspension, mandatory education or treatment programs, and the installation of ignition interlock devices. DUI charges can also be filed for impairment caused by prescription or illicit drugs.

Frequently Asked Questions

What is the legal BAC limit for drivers in Tempe?

The legal blood alcohol content (BAC) limit is 0.08 percent for most drivers, 0.04 percent for commercial drivers, and any detectable alcohol for drivers under 21.

What happens after a DUI arrest in Tempe?

Following a DUI arrest, you will typically be taken into custody, have your driver’s license confiscated, and receive a notice of suspension. You may be required to appear in court and face criminal charges. Administrative license suspension proceedings are separate from criminal cases.

Can I refuse a breathalyzer or field sobriety test?

Arizona operates under an "implied consent" law. Refusing to take a chemical test (like a breathalyzer) usually results in automatic license suspension and may be used against you in court. Field sobriety tests are not required by law but refusing them may still have legal consequences.

What are the penalties for a first-time DUI in Tempe?

Penalties for a first-time DUI can include jail time (at least 10 consecutive days), fines, license suspension, installation of an ignition interlock device, and completion of alcohol or drug screening and education programs.

What distinguishes an "Extreme DUI" from a standard DUI?

An "Extreme DUI" applies when your BAC is 0.15 percent or higher. Penalties are significantly harsher than those for standard DUI infractions, including longer mandatory jail sentences and higher fines.

What if I am under 21 and charged with DUI?

Arizona has a zero-tolerance policy for underage DUI. Any detectable alcohol in an underage driver’s system can result in severe penalties, including license suspension, fines, and possible jail time.

How long will a DUI conviction stay on my record?

A DUI conviction in Arizona remains on your criminal record permanently and cannot be expunged, though in some cases it may be possible to, "set aside" the conviction.

Can I get a DUI for being impaired by drugs?

Yes. Arizona law includes impairment by any drugs, including prescription medications or illegal substances, under its DUI statutes. You may be charged if impaired by any substance.

What should I do if I am pulled over for suspected DUI?

Remain calm and cooperative with law enforcement officers. Provide required identification and insurance. You have the right to remain silent beyond providing basic information and should consider contacting an attorney as soon as possible.

Will I need to appear in court?

Most DUI cases require at least one court appearance. Your attorney can sometimes appear on your behalf for certain proceedings, but you should always confirm attendance requirements with your lawyer.

Additional Resources

If you are looking for more information or assistance, consider reaching out to:

• Arizona Department of Transportation - Motor Vehicle Division (MVD) for license-related issues
• Arizona Governor's Office of Highway Safety for information about DUI laws and prevention programs
• Local Tempe Police Department for arrest records or incident reports
• Arizona State Bar Association for finding a qualified DUI attorney
• Arizona Courts System for case lookup and court information

Next Steps

If you or someone you know is facing a DUI or DWI charge in Tempe, it is essential to act quickly. Start by documenting all the details of your incident and keeping copies of legal paperwork. Consider contacting a qualified DUI attorney who is experienced in Arizona law and familiar with local courts. Legal professionals can advise you on the best way to proceed, defend your rights, and work towards the most favorable outcome for your situation. Prompt action is critical, as there are often strict deadlines for requesting hearings or appealing license suspensions. Do not hesitate to seek legal help to protect your future and navigate the challenges ahead.