Marana DUI Defense Attorney

Experienced DUI Defense Lawyer in Marana Fighting For You

Arizona law enforcement takes driving under the influence (DUI) very seriously, especially given the high number of fatal drunk driving accidents that occur in the state each year. Even a first-offense conviction will result in some jail time.

In Arizona, the legal limit for blood alcohol concentration (BAC) while driving is 0.08 percent. A lower limit applies for people driving commercial vehicles with commercial driver's licenses (CDLs), and DUI charges may apply if a person has a BAC limit over 0.04 percent. For drivers who are under 21 years old, the limit is 0.00 percent. If your BAC is over the amount legally allowed, you can be charged with DUI. Even if you refuse a BAC test, there are other factors that police can use to try to justify a DUI arrest.

At The Behan Law Group, P.L.L.C., our Marana, AZ DUI defense lawyers have decades of experience successfully defending our clients against all types of DUI charges. If you have been charged, it is critical to contact our office right away to find out what legal options you may have for defending against these charges.

A DUI arrest does not necessarily mean a DUI conviction. Many issues can be used to challenge a prosecutor's case, leading to a dismissal of charges or a not-guilty verdict. Even if it appears the state has a strong case against you, there may still be other legal options, such as plea bargains or reduced charges, that can result in a more positive outcome.

Types of DUI Charges and Penalties

The type of DUI police may charge you with will be based on several factors, including what your BAC level was and whether or not you have any prior DUI convictions.

If your BAC level was between 0.08 percent and 0.15 percent, and this is your first offense, a conviction means at least 10 days in jail, loss of license for 90 days, a fine of at least $1,250, and doing community service. You will also be evaluated for substance abuse and participate in treatment programs. When you are allowed to drive again, you must install an ignition interlock device in your vehicle.

If this is your second or subsequent offense, a conviction means serving 90 days or more in jail, a 12-month license suspension, and a minimum $3,000 fine. Substance abuse evaluation and treatment, community service, and IID installation will also be required.

If your BAC level was 0.15 percent or more when you were arrested, the charge is elevated to extreme DUI, and the jail time and fines are harsher. A first-offense conviction means at least a 30-day jail sentence and a minimum fine of $2,500. A second or subsequent conviction will result in a minimum of 120 days in jail and at least $3,250 in fines.

At The Behan Law Group, P.L.L.C., we have successfully defended against each of these charges. We have also defended clients facing charges of aggravated DUI. These charges may apply if a person:

• Had a passenger in the vehicle who is under the age of 15.
• Is convicted of DUI for the third time in an 84-month period.
• Was driving on a suspended or revoked license.

The jail time for an aggravated DUI conviction is up to two years.

Administrative Penalties

In addition to the criminal charges and possible penalties you will face following your DUI arrest, administrative penalties may also be imposed by the state. Upon your arrest, police will take your license and give you an Admin Per Se form. The state clock then begins ticking. You have 15 days to request a hearing with the Arizona Motor Vehicle Division (MVD). On the 16^th day, if you have not requested a hearing, a 90-day license suspension will go into effect. This is separate from any license suspension penalties you may face in your criminal case.

While these hearings are more informal than a courtroom setting, the request for a hearing must be filled out correctly. Otherwise, the request will be denied, and the 15-day window will close. This is another reason to have a Marana DUI defense lawyer advocating for you.

If you fail to request a hearing, and your license is suspended, it will not automatically be reinstated after the 90 days is over. You are required to undergo – at your cost – an MVD DUI screening.

Contact Our Marana, AZ DUI Defense Lawyers

If you are facing a DUI conviction, do not delay in contacting The Behan Law Group, P.L.L.C. online or calling 520-220-5047 to arrange a free consultation with one of our seasoned and dedicated Marana DUI defense attorneys. The sooner you call, the sooner we can begin building a defense strategy to fight these charges against you.