Oro Valley DUI Defense Attorney
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Seasoned DUI Defense Lawyer in Oro Valley Fighting for You
If you have been arrested on suspicion that you were driving under the influence (DUI), you may be feeling overwhelmed about what this will mean for your future. The penalties and subsequent consequences of a DUI conviction in Arizona can be harsh, including jail time, loss of license, hefty fines, and a criminal record. However, just because you have been arrested does not mean an automatic conviction. An Oro Valley DUI defense lawyer can help you fight these charges.
At The Behan Law Group, P.L.L.C., our attorneys have been successfully advocating for clients facing DUI convictions for decades, and we will do all we can to get you the best possible outcome based on the circumstances of your case.
To understand what you may be facing, it is important to understand what the mandatory and potential penalties are if you are convicted of DUI under Arizona law. Knowing what you are facing is critical to determining what types of DUI defense strategies your lawyer may be able to use to defend you.
Types of Charges for Driving Under the Influence
In Arizona, there are a number of classifications of DUI that a person can be charged with, depending on their blood alcohol concentration (BAC) and if they have been convicted of DUI in the past.
The legal BAC limit in Arizona is 0.08 percent. For most people, anything at that level and above will result in DUI charges. If you hold a commercial driver's license, however, a lower limit of 0.04 percent will apply while you are operating a commercial vehicle. A BAC of that level or higher will result in a CDL DUI charge. Drivers younger than 21 years old who have a BAC higher than 0.00 percent will be charged with underage DUI.
Penalties for all DUI convictions in the state include a mandatory substance abuse screening and recommended treatment, an IID installation once driving privileges have been restored, and mandatory community service.
A conviction for a first DUI carries a minimum jail sentence of 10 days, a minimum of $1,250 in fines, and a 90-day license suspension. For a second conviction or any subsequent DUI convictions, you will spend a minimum of 120 days in jail, pay a fine of at least $3,000, and lose your driver's license for one year.
Arizona also has extreme DUI charges for any driver who has a BAC above 0.15 percent. If this is your first offense, you will receive a minimum jail sentence of 30 days and a fine of at least $2,500. For a second offense, you will face a minimum jail sentence of 120 days and a fine of no less than $3,250.
Certain factors will result in an aggravated DUI charge, and whether it is your first or subsequent offense, a conviction means you may be sentenced to two years in jail, and your license will be revoked for two years.
Defenses Against DUI Charges
There are several potential defenses that an Oro Valley DUI defense attorney can use to try to get the charges dismissed or secure a not guilty verdict or a reduction in the charges against you. Some of the most common defenses the lawyers at The Behan Law Group, P.L.L.C. have successfully used for our clients include the following:
- Challenging the traffic stop:To stop a driver on suspicion of DUI, a police officer must have probable cause to pull that driver over. If probable cause did not exist, any evidence gathered as a result of the stop may be ruled inadmissible by the court.
- Challenging results of field sobriety tests:Many police departments use three standard field sobriety tests to determine if a driver is under the influence. However, there are significant questions about the reliability of these tests. Multiple factors, including the driver's age, weight, medical conditions, and injuries, can affect the results.
- Challenging results of BAC tests:Many of our clients believe that if their BAC test results read over 0.08 percent, they will automatically be convicted. However, our Oro Valley DUI defense lawyers have been able to get test results tossed out as evidence in many of the DUI cases we have defended over the years. There may be questions about the calibration and maintenance of the device used in the test, or your lawyer may be able to cast doubt on the qualifications of the officer who administered the test.
Contact Our Oro Valley, AZ DUI Defense Attorneys
Are you facing DUI charges? Make sure you have a dedicated and skilled Oro Valley DUI defense lawyer at The Behan Law Group, P.L.L.C. representing you. Call our office at 520-220-5047 or contact us online to set up a free case evaluation and learn about your legal options for addressing DUI charges.