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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 602-560-7408 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 602-560-7408 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 602-560-7408.
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 602-560-7408. 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 602-560-7408.
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 602-560-7408 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 602-560-7408. We serve clients in Phoenix, Scottsdale, Mesa, Tempe, Goodyear, and Apache Junction, AZ.
If you have ever been pulled over in Mesa, AZ after having too many drinks, you may already know that this city in the Phoenix Metro Area is among the most strict when it comes to Arizona DUI and DWI law. But simply taking the law seriously does not mean that law officers don’t make mistakes when it comes to charging or arresting for DUI. If this is the situation you find yourself in, you need to know that a good Arizona DUI lawyer can review the evidence in your Mesa DUI case and determine whether or not you will be eligible to have your Mesa DUI charges reduced — or even dropped altogether.
Lack of Probable Cause or Evidence: Your Best Odds at Getting AZ DUI Charges Dropped or Reduced
While it’s true there is a long list of reasons that give a police officer reasonable cause to pull you over, an arresting police officer who has charged you with a DUI or DWI in Arizona has to be able to prove this in a court of law. That means s/he will have to have record of why s/he pulled you over, and it must be documented in his or her arrest. If there is no evidence of having a light out, weaving in and out of traffic, improper lane change, following too closely, not using the blinker, making illegal stops or turns, or not being compliant with the speed limit, there’s a very good chance your Mesa DUI or DWI charges can be dropped, or at the very least reduced.
How BAC Results Can Be the Result of Faulty Equipment in a Mesa DUI Case
Breathalyzer machines oftentimes deliver readings that don’t reflect accurate amounts of alcohol in the human body. This can be caused by an equipment failure, a user error at the time the breathalyzer was administered, or a reading can be wrong because of improper calibration of the breathalyzer before the test was administered. Any of these can be reasons for an inaccurate BAC reading, and all of these can be reasons for the results of the breathalyzer to be dismissed by the judge.
Medical Conditions, Medications, and Other Common Causes for Inaccurate Breathalyzer Results that May Be Grounds for Dismissal of Arizona DUI Charges
In addition to faulty breathalyzer equipment, there are some medical conditions that can cause a breathalyzer reading to be incorrect as well. Some of these medical conditions are quite common, too — acid reflux, ketosis can cause the test to be inaccurate too. If this can be proven, these results are thrown out, and a DUI charge can be dismissed.
In addition to medical conditions themselves, some medical treatments may also cause incorrect breathalyzer results. Overuse of aspirin, the use of common sulfur-based antibiotics and other sulfur-based medicines, and pseudoephedrine can also cause breathalyzer readings to be wrong.
You may also need a DUI or DWI defense tailored to your unique case if you have been prescribed medications that could have resulted in a prescription medicine DUI in Arizona. Not to worry, the Shah Law Firm knows how to handle these kinds of cases and will work hard to get your prescription drug DUI in Phoenix or Mesa reduced or dismissed entirely.
And finally, common everyday anxiety and overexertion can also cause a breathalyzer to give an inaccurate reading. Whatever the cause, if your breathalyzer results were incorrect because of one of these or any other reason, the Shah Law Firm will get to the bottom of it and help you get your Mesa, AZ DUI or DWI reduced or dismissed.
Schedule a No-Cost Legal Consultation to Discuss Your Mesa, AZ DUI Charge Today
If you are dealing with a DUI arrest in Mesa, Arizona, the Shah Law Firm can help. Our team of experienced Phoenix DUI attorneys can make sure that your rights are always upheld in all legal proceedings. To schedule a free legal consultation to discuss your DUI charges, call our law office today at 602-560-7408. We also serve clients in Phoenix, Scottsdale, Glendale, Avondale, Mesa, Tempe, Goodyear, Gilbert, Chandler, Apache Junction, Sun City, San Tan, Cave Creek, Carefree, and Queen Creek.
In the state of Arizona, law enforcement takes DUI offenses very seriously and have a “zero-tolerance” law. When you are driving in from out of state and are pulled over for a DUI, the standard protocol is to give a field sobriety test, as well as a breathalyzer so the officer can get your BAC number. Additionally, if you refuse a breath test during the stop, you will be taken to the local police station to have your blood drawn.
If you happen to live out of the state of Arizona and have been charged with a DUI, this can have some serious, not to mention expensive, consequences. The most important is that if you chose to represent yourself in the matter, not only will you be responsible for any fees, but also for your own travel expenses.
Not mention that the process can last on average of 3-4 months and you would be required to appear in person to each of the pre-trial conferences.
Let’s discuss the laws when it comes to DUI. In Arizona, if your blood alcohol count is over .08 and under .15, you will be charged with a Misdemeanor DUI. If you have a BAC level between .15 and .20, you will be charged with an Extreme DUI. Following an Extreme DUI is what is known as a Super Extreme DUI, meaning a BAC level of .20 and greater. Finally, the most severe type of Arizona DUI is a Felony Aggravated DUI.
If you were arrested, charged, and convicted of driving under the influence in Arizona, you may have been required to install an ignition interlock device in your vehicle. This device detects any alcohol on someone’s breath, and if that is the case, the device will not allow the vehicle to start. Unfortunately, an ignition interlock device can not always tell the difference between alcohol and some other types of substances. Learn what you should do if you fail an ignition interlock device test — even when you have not been drinking.
Ignition Interlock Violations
There are five types of ignition interlock violations that can happen after you are required to install this device on your vehicle.
Failing a breath test. Any driver younger than 21 years of age will receive a violation for any failed breath test. Any driver older than 21 will have one violation as a “pass” and the second violation will result in a six-month extension of the ignition interlock device requirement.
Failed or missed rolling retest. After three failed or missed rolling retests, such as turning off your vehicle while the device is requesting a sample, it will result in a six-month extension.
Missed 90-day calibration appointment. If you fail to bring your vehicle in after 90 days to check the device, it will result in a complete resetting of your time period and a suspended license.
Tampering with the device. Any tampering with the device will result in a six-month extension and a possible class 1 misdemeanor criminal charge.
Disconnection or removal of the device. If you disconnect or remove the device, it will reset the entire time frame you are required to have the device, and result in a suspended license.
Avoiding False Alarms
You may have had a genuine false alarm with respect to the ignition interlock device. While it is possible to defend them in court, it is better to avoid the possibility of them in the first place. The following ways can help you attempt to avoid any false alarms.
Refrain from drinking any alcoholic beverages before you drive
Rinse your mouth with water before your test
Avoid using any mouthwash that would be alcohol-based
Never use breath mints or chew gum while driving
Avoid over-the-counter medicines with alcohol
Always brush your teeth thoroughly after eating to avoid any kind of fermentation that may develop on your breath after eating certain types of food
Contact a Phoenix DUI Defense Attorney
If you have had a false alarm on an ignition interlock device, or a mistake has been made, you may end up receiving a violation. This violation can result in serious and severe consequences, including criminal charges in some cases.
If you have had a false alarm with your device, please contact Phoenix DUI lawyerArja Shah, an experienced criminal defense lawyer in Phoenix, AZ who can give you individual attention and help you with your false alarm on your ignition interlock device case.
Contact Arja Shah by calling (602) 560-7408 or by sending a message through the firm’s request form today.