If you are a commercial driver or professional trucker with a Class A commercial driver’s license in the state of Arizona, you already know, the rules regarding safety on the road apply in a more stringent manner to you because of the type of professional license you hold.
You can still obtain a Class A CDL in the state of Arizona if you have been previously convicted of a DUI, but only after you have completed the original license suspension before applying — or reapplying — for a new Arizona CDL. If you have not taken this vital step, any application you submit for a Class A CDL in Arizona will be rejected.
What Happens When You are Charged with a DUI While Driving a Commercial Vehicle
If you are caught driving a commercial vehicle, including a tractor, flatbed, reefer, or any other type of semi or commercial vehicle, while allegedly under the influence and found guilty of a Driving Under the Influence (DUI) charge, the penalties include, but may not be limited to:
A class 1 misdemeanor, which could mean probation along with anywhere from 0 days to 1 year in jail
The potential of extensive fines and fees to the court
Mandatory counseling for alcohol use
Mandatory use of an ignition interlock system on any vehicle you drive, even though your CDL is suspended
In the State of Arizona, an aggravated DUI is a class 4 felony charge. These types of charges carry harsh penalties. If convicted, drivers face a mandatory minimum prison sentence — even if it is their first charge. There are certain things that a police officer can find out that may lead to an aggravated DUI charge versus a typical DUI. Therefore, it’s important to hire an experienced aggravated DUI lawyer who understands DUI laws in Arizona to represent you.
About Arizona DUI Laws
Anyone that is over the age of 21 or older with a blood alcohol content of .08 or higher can be charged with a Standard DUI as well as those under the age of 21 with any alcohol in their system. The difference between a standard DUI and an aggravated one is determined by several factors, including if someone’s license was suspended, restricted or revoked at the time of the arrest, if they’re driving with an interlock ignition device in their car, if there was a child under 15 in the car, or if someone has had two prior DUI convictions within seven years of a recent DUI arrest. All these factors can lead to an aggravated DUI charge in Arizona.
If you have been pulled over for DUI in Arizona, it’s important that you immediately secure legal counsel. You can request to speak to your attorney immediately – if refused by police to talk to an attorney, you have a solid DUI defense. By having an expert DUI attorney by your side every step of the way, you can ensure that your rights — including your driving privileges — are always protected. As a legal professional, Shah Law Firm also has other helpful tips for those that have been pulled over for DUI.
How to Respond When Being Pulled Over for DUI by Arizona Police
When you are pulled over by police or highway patrol anywhere in the state of Arizona, the best approach in terms of how you handle yourself physically is to put your hands on the steering wheel and keep them there. When asked for it — and never before — provide the officer with your license, registration, and insurance information.
If the officer asks you about alcohol, simply explain to him or her that you won’t answer those questions. While this may seem confrontational or overly assertive, what you are doing in essence is invoking your right to remain silent until an attorney is present.
If the officer is lingering by the car rather than taking your documents back to his or her patrol car, you may ask if you’re free to leave or if you’re under arrest.
No matter what, the value of being courteous, forthcoming, and polite can never be underestimated — even if an officer is trying to provoke you to anger or trying to force you to speak, maintain your cool and be considerate.
If you’ve been pulled over and ticketed or arrested for a DUI under Arizona Revised Statute #28-1381 or for a DWI in Arizona, you probably have questions about what the next steps are, and what you can do to absolve yourself before a judge. Not to worry: the Shah Law Firm is here to help you along every step of the process. We have the answers you’re looking for about Arizona DUI and DWI law, and best of all, our entire law team is well-versed in Arizona traffic and criminal law, and we know exactly what it takes to get the best results in both DUI and DWI cases anywhere in Arizona.
The Difference Between a DUI and DWI in Arizona
Getting pulled over or arrested for a DWI or DUI under Arizona Revised Statute #28-1381 can be really scary, especially when you think there’s no one on your side who can help you obtain the best results when it comes time for you to face the judge.
One of the most common questions we get from people seeking the assistance of a DUI lawyer in Arizona is, “What’s the difference between a DUI and a DWI in Arizona?” Let’s take the time to walk through the answer so you feel confident about your understanding of the differences, and feel better about what you might be up against in court.
DWI vs DUI in Arizona: Beyond the Acronyms
DUI stands for Driving Under the Influence.
DWI stands for Driving While Intoxicated.
While those might seem like the very same thing, there are a few important differences that make them different legally.
Arizona is a zero-tolerance state, meaning that if an officer so chooses, s/he may issue a DUI (but not a DWI) as long as there is any blood alcohol concentration (BAC) reading of any level below 0.08 when the motorist is breathalyzed.
In Arizona, you can be convicted of a DUI as long as you are driving under the influence of any drugs or alcohol, regardless of the amount, and the alcohol amount need not be at or above the DWI level of 0.08.
In some instances, a state of intoxication can be something that was not planned, was not intended, or may actually be the result of nefarious activity perpetrated by a bad actor. Common examples include having an altered state brought on by cough syrup or cold medication, or even blacking out entirely as the result of someone drugging your food or drink. In instances such as these, the state of intoxication was neither desired nor intended on the part of the intoxicated person, and in nearly all cases.
In this blog, we will discuss how intoxication of this nature can actually be used as a DUI defense in some cases under Arizona Revised Statute #28-1381, and how an intoxication defense may be exactly what some people who have been charged with a DUI need in court. The good news is that an intoxication defense can be used much more frequently than you might imagine, and can help to dramatically reduce your DUI charges — or even get DUI charges dropped entirely.
Voluntary Versus Involuntary Intoxication: The Difference in Court When Fighting Your Case with an Arizona DUI Attorney
Involuntary intoxication occurs when someone is drugged or given alcohol without consent. This can include beverages that contain alcohol, a “date rape drug” such as flunitrazepam (Rohypnol) or ketamine, legal prescription medications, especially benzodiazepines such as Xanax (alprazolam) or Klonpin (clonazepam). An involuntary intoxication defense can be used in instances where alcohol or drugs like those listed above have been given to you without your knowledge or consent, and you then drove or operated heavy machinery without knowing you had consumed intoxicants.
Involuntary intoxication can be used by an Arizona DUI attorney to help lessen the degree of the prescription drug DUI charges you face as an intoxicated motorist if there is evidence that any amount of drugs or alcohol were given to you without your knowledge or consent.
If you have been arrested or charged with a DUI in Scottsdale, AZ, it’s critically important that you act as quickly as you can to ensure that the court knows you take the charges seriously. But beyond that, it’s important to simply face the consequences, no matter how scary that might seem right now, because a DUI in Arizona will continue to follow you regardless of where you live, and could result in the loss of your driving privileges, even if you don’t live in Arizona.
Make It Easier for a Scottsdale DUI Attorney to Help You: Make Handling Your AZ DUI a Priority
The longer you hold off on dealing with your DUI in AZ, the harder it’s going to be for a Scottsdale DUI attorney to help you — simply because it’s that person’s job to get the judge to make a more compassionate decision based on the circumstances surrounding your Arizona DUI arrest or charge.
If you put your DUI charge on the back burner month after month, you won’t make it to court on time, and no matter how good your Arizona DUI lawyer is, s/he will have a harder time explaining your tardiness or any previous court date absence to the judge. And, missing your court date without making the court aware could also result in more costs being tacked to your original DUI charges.
How Much Does a Scottsdale DUI Cost, and Why?
The cost of a DUI in Scottsdale will vary depending on a few variables, but mainly, charges are determined by how many prior DUIs you have had in Arizona or elsewhere, depending on what information the court has access to. Some basic cost guidelines are determined by the judge based on whether this is your first, second, or third DUI. Any number of DUIs beyond three will be entirely decided by the judge. Here’s a breakdown of some costs you can expect:
2nd DUI or Extreme DUI
3rd DUI or Super Extreme DUI
$1500 + $1000 for ignition interlock + $500 for alcohol education
$1500–2500 + $1000 for ignition interlock + $500 for alcohol education
$1500–3000 + $1000 for ignition interlock + $500 for alcohol education
In addition to the above items in the table, you will also be required to:
Use an ignition interlock system for as little as six months or as much as 18 months depending on how many DUIs you have had and how severe they were (extreme or super extreme DUIs in Arizona will carry longer penalties with ignition interlock).
Attend alcohol education for as long as the judge decides
Purchase SR-22 insurance, which is about $3,000 per year for three years
Be responsible for paying for the towing of your vehicle — a charge of $100 plus a mileage charge as well as a daily charge for storing your car in a tow lot, which can vary between $75–150 per day if you are unable to retrieve your car right away
Is It Possible to Have Some of the Fees and Court Costs for a Scottsdale DUI Reduced?
Absolutely. A DUI lawyer in Scottsdale can help you dramatically lower the costs associated with a DUI no matter how many previous DUIs you have had in Arizona or anywhere else for that matter. What’s more, depending on the case and how many previous Arizona DUIs you have had, your Scottsdale, Arizona DUI attorney may be able to get the judge to make more lenient decisions when it comes to things like alcohol education and/or how much time you will have to serve in jail.
Will I Absolutely Have to Go to Jail if I’ve Been Charged with a DUI in Scottdale?
Depending on some circumstances, you may not have to go to jail at all — it’s all about the strategy your DUI lawyer in Scottdale decides to go with. At Shah Law Firm, we always choose the DUI defense that’s going to give you the absolute best possible outcome based on the circumstances.
Are You Ready to Talk to a Scottsdale DUI Lawyer?
Don’t stress out any more than you have to — it’s not going to make your DUI go away or make your life easier to be worried all the time. Instead, call Shah Law Firm today and let us explain the basics about what you can expect, and give you the details about the most likely case you’re up against.
We have worked with literally thousands of people just like you who have been charged with DUIs all over Arizona, we know exactly which defenses work, and we know how to assuage your fears, reduce your stress, and best of all, ensure the kind of outcome that will get you back on the road in the least amount of time.
Give our warm and experienced team a call today to begin the process — we promise, you’re going to feel better once you know what you’re fighting — and when you know you have Shah Law Firm at your side! Dial 602-888-0369 to get started today.
While the vast majority of DUIs in Arizona are charges relating to people pulled over with a blood alcohol concentration (BAC) level over 0.08 for the first time and without any further legal complications, there are some Arizona DUI designations that apply to those who have been been charged with DUIs before, or who are driving on a suspended license.
Felony DUI and Aggravated DUI in Arizona are the Same Thing
A felony DUI in Arizona is also sometimes referred to as an aggravated DUI, and that’s because it typically means the driver has three or more DUI charges at the time of arrest. In other cases, the driver may have been charged with an aggravated DUI because s/he was driving under the influence while his or her license was already suspended or revoked as the result of some other prior charge.
Some of the Reasons Why You May Be Charged with a Felony DUI in Arizona
You may be charged with a felony DUI if you are driving while under the influence of alcohol and/or drugs and you are also:
Driving on a suspended or revoked license
Driving on a cancelled license
You have been charged with three or more DUIs in the last seven years
Driving with a passenger(s) under the age of 15 in the vehicle
Refusing to submit to BAC test when an ignition interlock device is installed in your vehicle
Make Your First Call to a Phoenix DUI Attorney
If you have been arrested and/or charged with a felony DUI in Arizona, give Shah Law Firm a call at 602-888-0369 and we can discuss what options you have based on your prior history and the circumstances of your most recent DUI charge.
Our AZ Law Team Has Years of Experience Defending Aggravated DUI Cases
After having successfully served thousands of people with DUI charges across the entire Phoenix Metro Area and beyond, we know exactly what it takes to get aggravated or felony DUI charges in Phoenix dismissed or reduced so that you can go on living your life and get back on the road safely sooner rather than later.
Our Arizona aggravated DUI law team is here to assist you during this trying time. We know you’re scared of what the future may hold for you, but we also know what it takes to build a successful DUI strategy anywhere in Arizona. Give our caring and knowledgeable team a call today to get started on your defense at 602-888-0369.
Shah Law Firm prides itself on its highly educated and compassionate DUI attorneys in Phoenix as well as the support staff they rely on every day to obtain the absolute best result for clients just like you. But we know you have a lot of questions about what’s really important when it comes to finding a lawyer for your first-time DUI in Arizona. Here are the top five things you’ll want to make sure any DUI lawyer in Phoenix has before you make any decisions about who you’ll hire to help get your AZ DUI charge reduced or dismissed.
1. Be Sure Your DUI Lawyer Knows About All the First-Time DUI Penalties in Arizona
A first offense DUI can lead to license suspension, jail time, hefty fines, and even a required interlock ignition device installation on any vehicle you operate. Our experienced AZ DUI lawyers investigate each case thoroughly and create custom defense strategies for each and every client we serve. This helps our clients get their DUI charges reduced or dismissed altogether. We understand all DUI laws in the State of Arizona and know what it takes to make the law work in your favor in any court proceeding.
2. Make Sure They Understand All Arizona Drinking and Driving Statutes
If you are working with an Arizona DUI attorney who does not know or fully understand all of the drinking and driving statutes, there’s a chance you may not get the best defense, and that’s what you need and deserve. Only a seasoned DUI attorney in Scottsdale or elsewhere in the Phoenix area will know every revised statute, and that’s the only way they can ensure that you get the best defense.
At our Phoenix Law firm, we defend those who have been charged with drunk driving anywhere in the state of AZ, including the entire Phoenix Metro Area. Arizona statutes take driving while intoxicated charges very seriously, and Arizona has some of the toughest penalties in the nation — even for first-time offenders. These charges can be difficult to defend on your own, making it critically important to hire a Phoenix DUI lawyer for your first-time drunk driving case immediately. Our skilled team of drunk driving defense attorneys can devise a strong defense for each client that is tailored to their specific case and the details surrounding it.
3. Ensure that Your AZ DUI Law Team Knows Not All Drivers are Created Equally
In Arizona, there are three different levels of driving under the influence, and the system works on an escalating penalty scale. If this is your first ever DUI, you are entitled to a defense team that cares about your needs, chief among those being your financial needs.
As a first-time offender, there’s a good chance the judge won’t be as stringent with you as s/he might be with a second or third-time offender. Knowing this, your law team should create a defense that puts the spotlight on all your positive attributes, including, if appropriate, your otherwise good driving record. Highlighting what you’re doing right is a way to let the judge know you plan on redeeming yourself, and it also informs him or her of the fact that aside from this one error in judgement, you are otherwise a good citizen — and that goes a long way in the courtroom.
Call to Schedule a No-Cost Legal Consultation with a DUI Attorney Today
At Shah Law Firm, we offer no-cost legal consultation to potential clients. During this conversation, we can answer your questions about our experience and the law pertaining to your case. To learn more and to schedule this consultation, call our Phoenix law office today at 602-888-0369. We serve clients in Phoenix, Scottsdale, Mesa, Tempe, Goodyear, and Apache Junction, AZ.
There are two key factors that must be in place for someone to be charged in this way. First, you must have a blood alcohol content (BAC) level between .08 and .149 (not greater than .15, as this would result in a different charge called an extreme DUI in Arizona) at the time of the arrest, and you must have a previous DUI conviction within the last seven years. Arizona DUI laws are strict, and that means your second drunk driving charge will be taken seriously.
If you’re facing a second DUI offense, it’s imperative that you have an experienced DUI lawyer on your side. This will ensure that you get the best defense and have the best odds of reducing or dismissing the charges you’re up against. Shah Law Firm is among the best DUI and criminal defense lawyers working in the Valley today. If you’re ready to start the process of putting together your legal defense for the second DUI charge you’re facing, let us know right away by dialing 602-888-0369.
A minimum of 30 days and a maximum of 6 months in jail,
A minimum fine of $500 and a maximum $2,500
Court fines and surcharges,
Suspension of your driver’s license suspension
Possibly an ignition interlock device installed on any vehicle you operate
SR-22 car insurance policy for three years (at a rate of about $3000 per year)
With the help of one of our experienced Phoenix, AZ DUI lawyers, you may very well be able to plead to a lesser conviction, which will save you thousands of dollars and potentially even keep you out of jail, or at the very least reduce the time you’ll have to serve.
Schedule a consultation with a seasoned Phoenix Area DUI Law Team to Discuss Second Offense DUIs in Arizona
Every DUI case is different, but there are a few constants for second offense DUI cases that rarely change. Regardless of how unique or complex your case may be, the Shah Law Firm is here to ensure your every need is met. We customize each and every defense strategy to ensure that every client we serve has the best chance of beating or reducing the charges they face.
Are you ready to face your Phoenix, Chandler, Gilbert, San Tan, Queen Creek, or Scottsdale DUI charges? Contact Shah Law Firm today at 602-888-0369 to schedule your free initial consultation with one of our kind and experienced administrators.
We serve clients throughout the Greater Phoenix Area. Not ready to chat by phone? No problem! Get in touch on our Contact page instead and we’ll get back to you via email instead.
Getting a DUI charge in Arizona dropped is difficult, but not impossible, and of course, there are many good reasons you’d want to have one dismissed. No one wants to go to jail for 10–45 days, pay thousands of dollars for new, unnecessary car insurance and alcohol education classes, and at the most basic level, you just don’t want something like a DUI in your history, because it’s permanent in most cases, and visible to anyone as a matter of public record.
The Shah Law Firm knows how to get charges dismissed if it’s possible, and at the very least charges can be reduced. For example, Shah Law Firm has gotten felony DUI charges reduced to reckless driving charges, which is much less severe.
Reducing Versus Dismissing AZ DUI Charges
Arizona law states that a DUI isn’t supposed to be dismissed unless there is insufficient evidence for the DUI charges. Certain cities in Arizona won’t give a lesser charge, but will instead typically dismiss DUI charges altogether. If this happens with your case, it means you won’t have to worry about Arizona DUI charges causing your insurance to go up, you won’t have to pay hefty fines, and best of all, you wont have to worry about serving any jail time.
Ultimately, in order for DUI charge in Arizona to be reduced, the blood alcohol content (BAC) and specific facts pertaining to your unique DUI or DWI case will be closely analyzed. Any facts that can be proven wrong, inaccurate, or insufficient in most cases will be automatically grounds for your case to be dismissed.
The highly trained and experienced DUI and DWI attorneys at Shah Law Firm can help determine if your case is eligible for Arizona DWI or DUI dismissal or reduction.
Call Today to Learn More About Dropped DUI Charges in Arizona
If you’re facing a DUI charge anywhere in Arizona, you need the Shah Law Firm Arizona DUI lawyers by your side. A reduced charge, if applicable, looks much better on your record than a DUI. It also doesn’t carry as harsh of penalties. To schedule a free legal consultation with a DUI attorney at Shah Law firm, call us today at 602-888-0369. We serve clients in Phoenix, Scottsdale, Mesa, Tempe, Goodyear, and Apache Junction, AZ.