Tucson DUI Defense Lawyers

Answer: In Arizona, an officer can arrest you if he or she has probable cause to believe that you are driving or physically controlling a vehicle under the influence of an intoxicating substance like alcohol or drugs. Probable cause may come from a blood alcohol concentration (BAC) test result above the legal limit of 0.08, or from the officer's observations, including in a field sobriety test.

Answer: While alcohol is a common intoxicant involved in DUI arrests and convictions, Arizona law states that a DUI conviction can also result from the influence of drugs, whether illegal or prescription, or a "vapor releasing substance" that has intoxicating effects. DUI charges may also be issued to someone who is suspected to be under the influence of a combination of substances. Keep in mind that you can still be charged with DUI even if you have a prescription for the substance found in your blood, but there is an affirmative defense to DUI drug charges if you can establish that you are not impaired to the slightest degree.

Answer: During a traffic stop, an officer may ask you to submit to a portable breath test, which you have the right to decline without consequence. However, if the officer arrests you for DUI, you are required to submit to a chemical test under Arizona's implied consent law. If you refuse, your driver's license can be suspended for one year, or two years if you have previously refused a test within 84 months.

Answer: There are five ways in which a DUI can become a felony, and this is known as an aggravated DUI. Defendants charged with a first-offense felony DUI face a prison sentence of at least four months, and in some cases up to two years, in addition to fines and other consequences. Aggravated DUI offenses include those that occur while the driver's license is suspended or revoked, while the driver is ordered to use an ignition interlock device, when there is a passenger under the age of 15 in the vehicle, when the driver is traveling the wrong way on a one-way road, or when the driver has two or more prior DUI convictions within the previous 84 months.

Answer: A DUI arrest typically comes with an automatic 90-day suspension of your driver's license, though you may be able to drive during that time if you qualify for a restricted license. The suspension takes effect 30 days after the arrest if the driver does not request a hearing with the Arizona Motor Vehicle Department (MVD), but requesting the hearing puts a stay on the suspension until the hearing is held. If you are convicted of DUI for the first time, you can drive at any time after your suspension is complete and a certified ignition interlock device has been installed in your vehicle. If your license is revoked due to a repeat offense, you may be eligible for a Special Ignition Interlock Restricted Driver's License (SIIRDL) that allows you to drive for certain purposes.

Answer: In Arizona, there are multiple reasons your DUI can be considered aggravated and charged as a felony. Several of these reasons are related to prior offenses. If your license was already suspended or revoked when you were arrested, or if you were required to use an ignition interlock device but failed to do so, you could face felony charges. If you have had two prior DUIs in the past seven years, then the third will be automatically charged as a felony. The other reasons a DUI might be considered aggravated and charged as a felony are if you were driving the wrong way down a one-way road or if you were carrying a child passenger under the age of 15.

Answer: Felony DUIs are taken very seriously in Arizona. If this is your first felony DUI offense, the minimum sentence is four months in prison. However, you could face up to three years behind bars. Your license will be suspended for a minimum of three years. You are also likely to be put on probation after being released, which can include the requirement to participate in drug and alcohol testing or substance abuse classes. The penalties get steeper with each consecutive felony DUI. For a third felony DUI, you could be sent to prison for up to fifteen years.

Answer: Not necessarily, unless one of the five aggravating factors were present. Extreme and Super Extreme DUIs can otherwise be charged as misdemeanors. These descriptions pertain to an arrested driver's blood alcohol content (BAC). However, these charges are still more serious than a basic DUI and should be treated as such.

Answer: Getting your license back after an aggravated DUI in Arizona can be difficult. Depending on whether you have prior DUIs, your license may be suspended for three or more years. When you are eligible for license reinstatement, you will still have to satisfy a number of extra conditions. You may be required to install an interlock device on your vehicle and drive only that vehicle. You may also be required to carry high-risk car insurance. This can be extremely expensive.

Answer: This is an incredibly serious situation. If you caused a serious injury, you will be facing felony charges. In addition to a felony DUI, you are likely also charged with aggravated assault involving a vehicle - another serious felony. If someone died as a result of your intoxicated driving, you will probably face manslaughter charges. Manslaughter is a serious felony that can lead to significant prison time.

Answer: There are two main ways that our attorneys can fight your felony DUI charges. The first is to show that the alleged aggravating circumstance did not exist. The other is by arguing that the prosecution cannot prove that you were intoxicated. This may involve challenging the results of a chemical test or field sobriety test, just as we would with any other DUI case.