Arizona Misdemeanor dui LAWYERS
Arizona has some of the strictest penalties in the nation for individuals facing DUI accusations and convictions. Law enforcement often dedicates special efforts to identify and pull over suspected impaired drivers during DUI task force operations. These stops can occur for various infractions, ranging from minor traffic violations like improper turns to more serious offenses like speeding and reckless driving.
Being stopped and charged with DUI in Arizona carries grave consequences. Even for first-time offenders, a misdemeanor DUI can lead to harsh penalties, including mandatory jail time, substantial fines, probation, and the loss of driving privileges. The key to securing a favorable outcome in such cases often lies in retaining the services of an experienced DUI attorney who can vigorously protect your rights.
HOW WE CAN HELP WITH your Arizona misdemeanor dui
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The Impact of an Arizona Misdemeanor DUI:
A DUI conviction can follow you for the rest of your life and will impact your driving record for at least seven years. This can negatively affect job prospects and obviously cause many financial difficulties. Arizona DUI Pros understand the implications of a DUI conviction in Arizona and have represented thousands of individuals dealing with this stressful situation. Their previous casework and professional experience as police officers, DUI prosecutors, and DUI defense attorneys have allowed them to successfully defend DUI clients in an efficient and aggressive manner. Their professional expertise as well as the personal attention and commitment given to each client makes them the perfect choice for legal representation.
Misdemeanor DUI in Arizona:
According to Arizona Revised Statute §28.1381, it is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances:
While under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree. If the person has an alcohol concentration of 0.08 or more within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle. If the vehicle is a commercial motor vehicle that requires a person to obtain a commercial driver license as defined in section 28-3001 and the person has an alcohol concentration of 0.04 or more. In Arizona, a person can be arrested and prosecuted for DUI whether or not they have an alcohol concentration above the legal limit. This is because the prosecutor need only show that a driver was “impaired to the slightest degree” to safely operate a motor vehicle.
DUI Penalties in Arizona:
A person convicted of a misdemeanor DUI as a first-time offender still faces severe penalties. These include a maximum sentence of six months in jail and up to $2,500 in fines. Normally, however, the penalties for a first-time DUI conviction involve:
- 10 days in jail – court may require only 1 day with drug/alcohol evaluation and completion of recommended substance abuse treatment program Fines, fees, and costs of approximately
- 90-day driver’s license suspension
- Probation up to five years
- Ignition Interlock after license re-instatement for twelve months 8 points assessed against the driver’s license and requirement to attend traffic safety school
Admin Per Se Hearings in Arizona:
In addition to criminal DUI proceedings, individuals accused of driving under the influence in Arizona may also be subject to Administrative Per Se (APS) hearings. These administrative hearings are distinct from criminal court proceedings and are primarily concerned with the suspension or revocation of an individual’s driver’s license. APS hearings are conducted by the Arizona Department of Transportation (ADOT) Motor Vehicle Division (MVD).
Key Points Regarding Admin Per Se Hearings:
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Immediate License Suspension: If you are arrested for DUI in Arizona, your driver’s license may be subject to immediate suspension. The arresting officer will typically issue a Notice of Suspension, which serves as a temporary driving permit for 15 days. During this period, you have the opportunity to request an APS hearing to challenge the suspension.
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Requesting an APS Hearing: To contest the suspension of your driver’s license, you must request an APS hearing within 15 days of receiving the Notice of Suspension. Failing to make this request within the specified timeframe can result in an automatic suspension of your driving privileges.
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APS Hearing Process: The APS hearing is a separate legal proceeding from the criminal DUI case. At the hearing, an administrative law judge will review the evidence and determine whether there are grounds to uphold the suspension of your driver’s license. The focus of the hearing is primarily on issues related to your arrest, including whether the arresting officer had reasonable grounds to believe you were driving under the influence and whether you submitted to or refused a chemical test.
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License Outcomes: Depending on the outcome of the APS hearing, your driving privileges may be reinstated, or the suspension may be upheld. If upheld, you may face a period of license suspension. The duration of the suspension can vary based on factors such as prior DUI convictions and test refusal.
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Legal Representation: Just as in criminal DUI cases, you have the right to legal representation during APS hearings. Consulting with experienced DUI attorneys, such as Phoenix DUI Lawyers, can be invaluable in navigating these proceedings, presenting your case effectively, and potentially securing a more favorable outcome.
It’s essential to understand that while APS hearings focus on your driving privileges, they do not address the criminal charges associated with DUI. Successfully navigating both the criminal and administrative aspects of a DUI case in Arizona often requires skilled legal representation to protect your rights and interests.
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