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Phoenix DUI Attorney

Phoenix DUI AttorneyHave you been arrested for DUI? You deserve a vigorous defense against the charge you are facing and Orent Law Offices is here to help. Contact our law firm at (480) 656-7301 to schedule a free case review with a Phoenix DUI attorney who will fight for you.

Even before conviction, you face administrative penalties and the loss of your driving privileges. If convicted, the penalties become even more serious.

For more than 33 years, we have represented clients accused of DUI with a proven track record.

How Orent Law Offices Can Help if You’re Arrested for DUI in Phoenix

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When you are facing the harsh penalties of a DUI, you deserve experienced legal representation. A Phoenix defense attorney can help you fight the charge you are facing on a variety of fronts, including violations of your rights, procedural errors by police, and disputing the validity of evidence against you.

Orent Law Offices is here to give you the sound defense you need as you fight for your freedom and financial future. Founding attorney Craig Orent, a Certified Criminal Law Specialist, has defended clients against serious criminal offenses for over 33 years. He is one of just a few Arizona defense attorneys invited to the prestigious Top 100 Trial Lawyers organization and he has a proven track record of defending DUI cases.

Hire Orent Law Offices for your defense and we will:

  • Investigate whether your constitutional rights were violated
  • Dispute the validity of chemical and breath tests, field sobriety tests, and officer testimony
  • Build a sound legal defense to fight for a dismissal of your charge or a satisfactory plea deal
  • Seek the minimum possible penalties if convicted

With Orent Law Offices, you can count on a Phoenix DUI defense attorney who will fight for your best interests. Call our law office in Phoenix, AZ today for a free consultation.

Overview of DUI Law in Arizona

Driving under the influence is a crime in Arizona under ARS §28-1381. While commonly called drunk driving, you can be charged with a DUI for operating or being in physical control of a vehicle under the influence of alcohol or a drug.

You can be convicted of a DUI if:

  • You were “impaired to the slightest degree” by drugs or alcohol. This is called impairment DUI.
  • You had any amount of a drug or metabolite in your system. This is a per se drug DUI.
  • You had a blood alcohol concentration (BAC) of 0.08% or higher within two hours of driving. This is a per se alcohol DUI.
  • You operate a commercial vehicle with a BAC of 0.04% or higher.

All of these offenses are considered a Class 1 misdemeanor in Arizona for a first offense.

Aggravated DUI

Under ARS § 28-1383, a DUI can become a more serious aggravated offense with harsher penalties.

You may be charged with an aggravated DUI if you are arrested for a DUI and any of the following are true:

  • You have been convicted of two prior DUIs in the last 7 years. This includes DUIs in other states.
  • Your driver’s license is suspended for a prior DUI arrest, conviction, or refusal of a chemical test
  • A minor under 15 was in the vehicle
  • You were court-ordered to drive with an ignition interlock device

It is a Class 6 felony to drive with a minor in the vehicle while under the influence. Other types of aggravated DUI are Class 4 felonies.

Extreme & Super Extreme DUI in Arizona

The State of Arizona takes DUIs so seriously that it has more severe penalties for high BAC offenses. An Extreme DUI refers to a BAC of 0.15% or higher. A Super Extreme DUI is a BAC of 0.20% or higher.

Both are classified as a Class 1 misdemeanor in Arizona.

What Are the Penalties for DUI in Phoenix, Arizona?

Like many states, Arizona has harsh penalties for DUI offenders. These penalties become more serious if you are convicted of multiple DUIs.

Depending on whether it is your first or a subsequent offense and whether anyone was injured, the penalties for a DUI in Arizona can include:

  • Jail or prison sentence
  • Fines
  • Driver’s license suspension
  • Installation of an Ignition Interlock Device (IID)
  • Probation
  • Community service
  • Alcohol education class

Even a first-offense DUI carries harsh penalties in Arizona including a short minimum jail sentence and license suspension.

DUI penalties in Phoenix fall under two types: criminal penalties, such as jail time, and administrative penalties. The Arizona Motor Vehicle Division (MVD) imposes administrative penalties that take effect after arrest.

Administrative DUI Penalties in Arizona

After you are arrested for a DUI in Phoenix, you will face immediate penalties from the Motor Vehicle Division.

For a first-time DUI, you will have an administrative license suspension of 90 days. If you refuse to submit to a chemical test when arrested, your license will be suspended for 1 year instead. You will still be subject to a forcible blood draw.

For a second DUI, you face a 90-day suspension plus a 1-year license revocation.

After your license is suspended, you have the choice to challenge it. If you do not, the license suspension goes into effect 15 days after the suspension was issued. You have 15 days from the date your suspension is issued to request an administrative hearing. Requesting a hearing will stop the license suspension.

After your license is suspended, you may qualify for a restricted license. You can be eligible for a restricted license after 30 days for a first-time offense or after 90 days if you refused a chemical test.

You are not eligible for a restricted license if you:

  • Caused serious physical injury or death
  • Have been convicted of a prior DUI in the last 7 years
  • Did not provide evidence of completing a drug and alcohol screening

When the license suspension ends, your license is not automatically reinstated. You must request reinstatement.

Your license will be revoked for one year for several offenses such as a reckless driving offense with DUI, an aggravated DUI with a kid in the car, or a second DUI.

Criminal DUI Penalties in Arizona

Criminal penalties are imposed by a court after a DUI conviction.

If you are convicted for a first-time DUI, you are subject to:

  • A jail sentence of at least 10 days (must serve 24 hours) and up to 6 months
  • Fines and an assessment of $1,250 or more
  • For alcohol DUI, installation of an ignition interlock device must be in place on all personal vehicles the motorist owns. They must be installed for 12 months after the license suspension is complete.

Even a first-time super or super extreme DUI, however, comes with a mandatory minimum jail sentence beyond the 24 hours for a standard DUI. A first-time super DUI requires a mandatory term of 30 days. This increases to 45 days for a super extreme DUI.

The penalties for a second standard DUI, a Class 1 misdemeanor, include:

  • A jail sentence of at least 90 days (must serve 30 days)
  • Fines and penalties of $2,000 or more
  • For alcohol DUI, IID device for at least 12 months after the completion of license suspension or revocation
  • 30 hours community service

A second extreme or super extreme DUI requires serving at least 120 days in jail and higher fines.

A second aggravated DUI is a Class 4 or Class 6 felony in Arizona. A Class 4 felony is punishable by 18 months to 3 years in prison with a presumptive sentence of 2.5 years. A Class 6 felony is punishable by 6 to 18 months in prison with a presumptive sentence of 1 year.

Additional Arizona DUI Penalties

In addition to license suspension, jail time, and fees, you face other costly DUI consequences, especially if convicted. You may be required to attend alcohol abuse classes at your own expense. A continuous alcohol monitoring device may be required to enforce an order that you do not consume alcohol for 30 days. To have your license reinstated, you will also need an SR22 auto insurance policy, a requirement that comes with a $500 fee per year for three years.

The cost of even a first-time DUI is often in the thousands. For a subsequent, aggravated, or extreme DUI, you may be facing over $10,000 in penalties, fines, and other costs.

What Defenses Are Available in a Phoenix DUI Case?

There are many possible DUI defenses available to you. Experienced DUI lawyers in Phoenix may suggest one or more of the following strategies to fight your DUI charge.

  • Disputing the validity of breath test results. These tests are notoriously unreliable as several issues can cause a false positive. This includes waiting too long to administer the test which can allow your BAC to rise, a contaminated breath sample, and certain health conditions.
  • Disputing the accuracy of blood test results.
  • Improper field sobriety test administration or assessment. You are not required to take FSTs in Arizona, but law enforcement will not tell you when you are pulled over.
  • Lack of reasonable suspicion to pull you over.
  • Lack of probable cause to make an arrest. This means the officer must have had a reasonable belief based on sound evidence that you had committed a DUI.
  • Failing to read you your rights before you were interrogated.
  • You were not in “actual physical control” of the vehicle.

At Orent Law Offices, we have decades of experience successfully fighting DUI charges. We understand the many ways in which blood and breath tests can be invalid and successfully disputed. We will also investigate whether your rights were violated before, during, or after your arrest.

Schedule a Free Case Review with Our Phoenix DUI Attorney

A DUI conviction doesn’t just threaten your freedom; it can also destroy your financial security for years to come with high costs and the loss of your driving privileges. Turn to an experienced Phoenix DUI attorney at Orent Law Offices for help fighting back against your DUI charge.