Drunk Driving Defense Lawyer in Phoenix, Arizona
Driving under the influence (DUI), also known as driving while intoxicated (DWI) in some states, is the criminal offense of operating a motor vehicle while impaired by drugs or alcohol. Driving under the influence is based upon a persons blood alcohol concentration (BAC), which can be determined either through a blood test or a breath test. In the case that drug use is suspected, a urine test will be conducted.
A DUI charge is based upon a persons ability to operate a vehicle. If you consume any alcohol, no matter the amount, and your ability to drive is impaired, you can be convicted of DUI. You can also be convicted of DUI based on your blood alcohol concentration (BAC). In the state of Arizona, the legal BAC limit is 0.08% for people over the age of 21. If a person has a blood alcohol concentration over .08 it is illegal to drive with that BAC, even if their driving does not appear to be impaired. On the flip side, even if the persons BAC isbelow the legal limit of .08 and their driving appears to be even the slightest bit impaired, they can still be charged and found guilty of DUI.
Arizonas zero tolerance law applies to anyone under the age of 21 who is caught operating a motor vehicle while under the influence of alcohol. For a person under the age of 21, driving withany amount of alcohol in the system is a crime, even if they are not impaired.
Types of DUI Charges in Arizona:
Phoenix DUI Penalties
In the state of Arizona, the penalties for a DUI conviction depend on the type of DUI that was charged and on the defendants criminal record. A previous DUI occurring within a 7 year period of a new DUI arrest can count as a prior for the purposes of sentencing.
DUI penalties can range from mild to severe, depending upon the defendants criminal record and type of DUI:
- Jail Time
- Fines
- Drivers License Suspension
- Community Service
- Probation
- Counseling
- Ignition Interlock Device
Contact Phoenix DUI Lawyer Joshua S. Davidson
If you have been charged with DUI, you will need to contact a lawyer who is familiar with Arizona DUI laws. Regardless of your blood or breath test results, you need to have your case evaluated by an experienced DUI defense attorney. There are numerous defenses to DUI charges, many of which have nothing to do with your alleged BAC. For example, if the police were lacking reasonable suspicion when they pulled you over, or failed to follow proper procedure when administering the blood or breath tests, your case could be dismissed. At the Law Offices ofJoshua S. Davidson, we will closely examine the maintenance records of the machine used to test your breath or blood, and should we find any irregularities with the equipment, we can utilize that information to the fullest extent possible.
DUI cases can be difficult because many of the states trial witnesses are police officers who have received training and have experience testifying in court. Because many DUI cases need to go to trial, you should have a seasoned, reputable DUI defense attorney who knows what to expect at court. As a former DUI prosecutor, I am well versed in all aspects of DUI law and will put my knowledge and experience to work for you.
If you have been arrested or charged with a DUI, contact the Law Offices of Joshua S. Davidson, PLC today.
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