Posted on July 11, 2024 in DUI
Having a few drinks while you are out enjoying dinner or social time is not a crime. However, if you drive under the influence, you are committing a crime. Arizona DUI laws are clear. It is unlawful to have physical control of a motor vehicle while under the influence of an intoxicating drug or alcohol or with a BAC of .08% or higher.
If you are charged with DUI in Phoenix, you face severe punishment. For a first-time DUI conviction, you face jail time, community service, fines, alcohol counseling, and other penalties. Therefore, it is important to fight these charges with the help of an experienced Phoenix DUI attorney.
When clients hire us to defend them, one common question is, “Will my DUI case go to trial?” The answer depends on many factors, including the specific circumstances of your case.
Realistically, only a small number of DUI cases go to trial. Most drunk driving charges are settled through plea deals with the prosecutor. If an agreement is fair and the evidence is strongly against a client, it may be better to take a plea than go to trial.
You can never be certain what a judge or jury may decide at trial. However, with a plea deal, you know what you are facing when you agree to plead guilty.
Some DUI cases need to go to trial. The prosecutor may refuse to negotiate a reasonable plea agreement based on the facts of the case. In that instance, you might have nothing to lose by taking the case to court.
The evidence in the case is a significant factor we weigh when deciding whether to take a DUI case to trial. For example, if the state does not have strong evidence proving that you were in physical control of the vehicle, we might want to take the case to trial. Physical control of the vehicle is a required legal element of the case.
Likewise, cases that involve DUI may go to trial if there is insufficient evidence proving that the defendant was “under the influence” of alcohol or drugs. Being under the influence means the substance in your system impaired your driving, which can be much more difficult to prove than DUI per se (i.e., having a BAC above the legal limit).
It is up to the client whether to accept a plea bargain or go to trial. A DUI lawyer will explain the risks of going to trial versus accepting a plea deal and why they recommend one option over the other based on their legal experience and knowledge of the law. However, the client is the person who decides whether to go to trial or take the plea deal.
Your attorney will analyze the evidence in your case to determine potential defenses to the DUI charges.
Potential defenses for driving under the influence include:
In addition to potential defenses, there could be mitigating factors an attorney can use to obtain a fair plea deal in a DUI case. For example, if you have a clean criminal history, are attending substance abuse classes, and have cooperated with the police, the prosecutor may consider these things when negotiating a plea bargain. These factors also impact the decision of whether to take a DUI case to trial.
If you have questions about a DUI charge or need help with a drunk driving case, call our Phoenix criminal defense attorney for a free consultation.
For more information, contact the DUI attorney Craig Orent. Give us a call at (480) 656-7301 or visit our law office at 11811 N Tatum Blvd UNIT 3031, Phoenix, AZ 85028. We offer a free case evaluation, so get the help you deserve today.
