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DUI Archives - Page 4 Of 5 - Arja Shah Law

About Basic DUI Charges Defense in Apache Junction, Arizona

In Arizona, even your first DUI offense can lead to jail time, a suspended license, a required interlock ignition device installation, and a hefty fine. At The Shah Law Firm PLLC, we fully understand all Arizona DUI laws and can uphold them in court. We also have a proven track record of success defending DUI charges and can answer any question you may have.

Our basic DUI charges defense team can closely examine your case and devise strong defense strategies that can help you get a reduced or dismissed charge. Our law firm can also help you immediately after your arrest and speak on your behalf in all legal proceedings, helping you protect your rights, your record, and your future.

Arizona Drunk Driving Defense Attorney

At our Arizona law firm, we defend those charged with basic DUI. The state takes these criminal charges very seriously and has some of the harshest penalties in the nation. This makes it vital to hire a basic DUI charges defense attorney immediately after being charged. We can determine whether or not you were treated properly by law, such as during the DUI stop, field testing, and breathalyzer testing.

Call to Schedule a Free Legal Consultation to Discuss Your Basic DUI Case in Apache Junction, Arizona

If you’re facing DUI charges in Apache Junction, Arizona, contact our Arizona basic DUI charges defense team. With over 12 years of experience, we can guarantee your legal rights are protected every step of the way. To schedule a free legal consultation with our legal specialist at Shah Law Firm PLLC, call our law office at (602) 888-0369 today.

We serve clients in the communities of Phoenix, Scottsdale, Mesa, Tempe, Goodyear, and Apache Junction, Arizona.

Arizona is the Strictest State on DUIs

Every state has laws making it illegal to drive under the influence of drugs or alcohol. Every state also has penalties for those who are caught drinking and driving. However, the state of Arizona has the distinction of being one of the strictest states regarding DUIs and DUI penalties. The purpose of these harsh laws and penalties is to attempt to prevent DUIs from occurring in the first place.

Arizona is #1

A recent study ranked Arizona as #1 in criminal penalties for those who are driving under the influence of drugs or alcohol, and #2 in DUI prevention efforts across the country. The theory is that the stricter the penalties, the greater the deterrent to committing DUIs to begin with. The Arizona laws regarding DUIs are harsh and the penalties are severe.

Arizona Legal Limit

Arizona has strict limits regarding the amount of alcohol consumption allowed when operating a vehicle. If your Blood Alcohol Content (BAC) is above .08% in the state of Arizona, you will receive a DUI. If you are a commercial driver with a CDL license, you can be arrested, charged, and convicted of a DUI if your BAC is above .04%. If you are under the age of 21, you can be charged with a DUI if you have any alcohol in your system at all. Reaching these legal limits will likely result in strict penalties.

DUI Penalties in Arizona

The reason Arizona is ranked number #1 for DUI penalties is that the penalties here are severe. Comparatively to other states, Arizona has longer jail times, stricter penalties, and more severe consequences for all DUI offenders.

  • First Offense. 24 hours to 10 days of jail time, $250 fine, 90-360 days suspended license.
  • Second Offense. 30-90 day jail sentence, $500 fine, one year suspended license.
  • Extreme DUI. If you have a BAC of .15%, you will serve at least 30 days in jail and have to pay a minimum of $2,500.
  • Ignition Interlock Device. All DUI convictions require the installation of an ignition interlock device.
  • More than 2 DUIs. If someone has more than two DUIs, Arizona automatically regards it as a Class 4 felony, and an offender must serve a minimum of four months in prison.

There have been cases in Arizona in which a DUI offender was sentenced to 15 years in prison for a fatality involving a DUI. Manslaughter charges for DUIs involving the death of another person can lead to 21 years in prison.

Contact an Experienced DUI Attorney

If you were arrested and charged with a DUI in Arizona, you are likely facing some serious penalties. Contact Arja Shah, an experienced criminal defense lawyer in Phoenix, AZ who can review your arrest and charge for DUI. She can help you with your case and work to get you the least severe sentence possible. Contact Arja Shah by calling (602) 888-0369 or by sending a message through the firm’s request form today.

Hire Legal Help For Aggravated DUI Cases in Mesa

In Arizona, an aggravated DUI is a felony charge with severe penalties. This is charged when someone gets a DUI with a suspended or revoked license, has their third DUI in 7 years, gets a DUI with a child under 15 in the car or a DUI while an ignition interlock device is installed in the vehicle. If you’re charged with aggravated DUI in or around Mesa Arizona, you need to contact a DUI attorney from Shah Law Firm PLLC immediately.

Penalties Associated with Aggravated DUI

Sentencing for an aggravated DUI can range from four months to four years in jail. An aggravated DUI can also result in hefty fines (up to $4,600) and a three-year license suspension. The penalties are harsher if you’ve had a prior DUI conviction, with a minimum jail sentencing of two years and up to seven years in prison. For two or more prior convictions, the minimum jail sentence is six years and up to 15 years. This makes it extremely important to hire an experienced DUI attorney to represent you in your aggravated DUI case.

What Our Expert Legal Team Can Do for You

At Shah Law Firm PLLC, we offer personalized legal representation that is important for the best results. We employ effective defense strategies to help to get reduced sentencing. Our legal specialists will also keep you abreast of any updates with your case and speak on your behalf at all legal proceedings.

Call to Schedule a consultation Today in Mesa, Arizona

When you need legal representation regarding an aggravated DUI charge in or around Mesa, it’s important to call Shah Law Firm PLLC. We offer no-cost legal consultations to discuss your case and to help you to understand the legal process ahead. To schedule this important meeting, call our Arizona law firm at (602) 888-0369 today. We serve individuals in Phoenix, Scottsdale, Mesa, Tempe, Goodyear, and Apache Junction, Arizona.

Get Back on Track After a DUI Conviction

If you were arrested and charged with Driving Under the Influence (DUI), contact an attorney as soon as possible to help build your case and attempt to reduce or remove the charges from your record. If you have already been convicted of a DUI, you may feel as if your life is permanently scarred, and that you will never get back on track. While a DUI is very serious, you have options to rebuild your life after either your sentence or a fine you had to pay, or both. Here are some steps you can take to move your life in a positive direction.

Rehabilitation

If you actually received a DUI conviction with jail time, you may not be a first-time offender. If this is the case, you should determine if you truly have a substance abuse disorder. DUIs are often a symptom of a greater problem, which is a compulsive addiction to either drugs or alcohol, or both. If this sounds true for you, please consider seeking professional help. Rehabilitation options are available in out-patient and in-patient settings.

Professional Help

Perhaps you feel as if you do not need an actual in-patient or out-patient rehabilitation center. If you still feel you struggle with alcohol or drugs, consider visiting a professional therapist, counselor, join an Alcoholics Anonymous group, another recovery program, or visit with a professional who specifically deals with addiction issues.

Ignition Interlock Device

Oftentimes, an ignition interlock device will be mandated by the court for those who are convicted of a DUI. This device requires a driver to prove that he or she had no alcoholic drinks by blowing into it before the car will start. While these devices are only required for a certain period of time, it is interesting that they are associated with a 70% reduction in DUI arrest rates. Consider keeping your ignition interlock device in your car, even after the court mandate is over, as an insurance policy for you and others that you will be safe.

Find New Interests

It may seem silly and trite to say you should find a hobby. However, it has been proven that when people are trying to get their lives back on track, finding a new activity to give them purpose can actually help them heal emotionally more quickly. If you find a hobby that you can do instead of drinking, such as training to run a 5k, it will make you physically and emotionally healthier.

Strong Support Network

Your family and friends should be your support system. If you were surrounded by people who made poor choices in the past, take this time to create a new group of friends who do not drink or do drugs. Find the people who will be your biggest cheerleader and help you on the road to recovery as you get your life back on track.

Contact a DUI Attorney

If you were arrested and charged with a DUI, contact Arja Shah. She is an experienced criminal defense lawyer in Phoenix, AZ who can review your arrest and charge for DUI. She can help you with your case so you can get your life back on track after a DUI. Contact Arja Shah by calling (602) 888-0369 or by sending a message through the firm’s request form today.

Why You Need Extreme DUI Charges Defense in Scottsdale

Arizona is home to some of the harshest penalties when it comes to DUI across the nation. As such, even a first-time extreme DUI conviction can ruin your life. Without proper DUI charges defense representation, you could face maximum penalties for this crime. At Shah Law Firm LLC, we have a proven track record of success and years of experience defending individuals facing different types of DUI, and getting them the results they need.

Understanding Extreme DUI Charges

In Arizona, the severity of a DUI is based solely on your blood alcohol content. Anyone suspected of driving over the legal limit of .08 can be arrested and charged with DUI. An extreme DUI is characterized by a BAC between .15 and .20. A DUI with this BAC is classified as a misdemeanor under Arizona DUI laws. Minimum jail time for first-time extreme DUI convictions is 30 days. Anyone convicted of an extreme DUI will also have their license suspended for 90 days and have an ignition interlock device installed once their license is reinstated, which must be used in the vehicle for a year. Fines can lead up to over $2,700.

Why You Should Hire Extreme DUI Charges Defense Help in Scottsdale

When it comes to charges as serious as an extreme DUI, you need experienced legal representation on your side. At the Shah Law Firm PLLC, we have years of experience defending DUI clients and understand the process of filing motions, court documents, and beating deadlines by the judge. We also understand how to closely examine a case to devise strong defenses that help clients get reduced or dropped charges.

To schedule a no-cost legal consultation with our extreme DUI charges defense team to discuss your extreme DUI case, call our Scottsdale, Arizona office at (602) 888-0369 today.

We serve individuals in Phoenix, Scottsdale, Mesa, Tempe, Goodyear, and Apache Junction, Arizona.

First Offense DUIs in Arizona

Arizona statutes prohibit driving while under the influence (DUI) of any intoxicating substance, which would include alcohol, drugs, legally obtained prescription medications, or other substances that would impair judgment. If you impaired at all while operating a motor vehicle, you will likely be subject to severe punishment in the state of Arizona. Arizona has some of the strictest consequences for DUIs. If you have been arrested or charged with your first DUI offense in Arizona, it is important to know your rights as well as the likely consequences you may be facing.

Penalties for a First Offense

According to the state of Arizona, if you are found operating a motor vehicle with a Blood Alcohol Concentration (BAC) above 0.08%, then you may be found guilty of a DUI. While there is no exact test for drugs, a police officer can make the determination regarding impaired judgment through a series of tests that will assess mental ability, coordination and cognitive ability. If you show any kind of impairment due to an intoxicating substance, you will be given a DUI, which is a Class 1 misdemeanor.

The following penalties are applied to a first time DUI offender in the state of Arizona:

  • Minimum of 24-hour jail sentence up to a six-month jail sentence
  • Minimum $250 fine up to $2500
  • Driver’s license suspension from 90-360 days
  • Installation of an Ignition Interlock Device on your car at your own expense. (This device prevents you from driving your vehicle without blowing into the device first to prove sobriety.)
  • Potential three-year probation
  • Potential community service
  • Potential alcohol/drug assessment and educational classes

How Long Does a DUI Stay on Your Record

A DUI will stay on your record permanently. However, there is a seven-year lookback period in the state of Arizona. This means that if you have any future DUIs, the first conviction for a DUI will be used to influence any subsequent DUI criminal cases within that seven-year period. If seven years pass without any DUI on your record, the next DUI you receive could be considered as a first offense again.

Aggravated DUI in Arizona

As a first offense DUI, you can still be convicted of an aggravated offense if you had a minor child under the age of 15 in your car. If you drive with a child under the age of 15 in your car as an intoxicated driver, it is considered a Class 6 felony according to Arizona Statute 28-1383.

Additionally, if you had a BAD of 0.15% or higher it is considered an Extreme DUI. A BAC of 0.20 or higher is considered a Super Extreme DUI. These criminal charges bring with them even harsher penalties and consequences, even as a DUI first offender.

Contact an Experienced Attorney

While some of the penalties for a first DUI offense are required, an experienced attorney will be able to offer certain plea bargains to the court. Arja Shah is an experienced criminal defense lawyer in Phoenix, AZ who can review your first offense DUI case, and explain your options to you. Contact Arja Shah today by calling (602) 888-0369 or by sending a message through the firm’s request form today.

Expert Prescription Drug DUI Defense in Apache Junction, Arizona

In Arizona, you can be prosecuted for driving under the influence of legally-prescribed medication. When this happens, you need an experienced prescription drug DUI defense attorney from The Shah Law Firm to represent you. We have years of experience with these types of charges, understand prescription drug DUI laws in Arizona, and can uphold them in all legal proceedings.

Prescription Drug DUI Charges in Arizona

There are two different misdemeanor prescription drug DUI charges in Apache Junction, Arizona. The first is driving with an illegal drug in one’s body. This means that it is illegal to drive with any type of drug. This is a strict liability crime, meaning that it doesn’t matter if someone was impaired or not, but rather, that they had a drug in their system at all. The second charge is known as Impairment to the Slightest Degree. This makes it illegal to drive while impaired by drugs or alcohol or a combination. The state has a zero tolerance DUI charge, which prohibits driving under the influence in any way.

Penalties for Prescription Drug DUI Charges in Apache Junction

Penalties associated with prescription drug DUI charges in Apache Junction include a 90-day license suspension, up to five years of probation, a mandatory interlock ignition device for six to 12 months, drug or alcohol counseling, community service, and up to 180 days in jail. Whatever the details of your case are, our experienced prescription drug DUI defense attorney from The Shah Law Firm PLLC can help you.

Schedule a Free Legal Consultation with an Experienced Prescription Drug DUI Defense Attorney in Apache Junction Today

Having a prescription medicine in your system isn’t a viable defense in or around Apache Junction. As such, our job as your prescription drug DUI defense attorney is to prove that the medication didn’t impair your driving in any way. Proving such can lead to reduced or dismissed charges. To schedule a free legal consultation with The Shah Law Firm PLLC, call us at (602) 888-0369 today.

We serve individuals in Phoenix, Scottsdale, Mesa, Tempe, Goodyear, and Apache Junction, AZ.

Attempting to Escape a DUI

If you are caught by law enforcement driving under the influence (DUI) in the state of Arizona, you may face charges of a misdemeanor up to a felony, depending on if anyone was hurt in an accident, or if you have been charged for a DUI before. However, if you attempt to escape a DUI by outrunning the police, you may be arrested and charged with a class 5 felony.

Arizona’s Unlawful Flight Statute

The state of Arizona has strict laws governing driving under the influence of drugs or alcohol. However, the penalties are even harsher and compounded if a person decides to outrun the police and evade a DUI. If caught, a driver who “willfully flees” or tries to outrun or elude a law enforcement vehicle with flashing lights, a siren blaring, or visible within 500 feet will be guilty of a class 5 felony under Arizona law, along with additional charges such as a DUI, reckless driving, or speeding.

If the driver attempting to outrun the police causes an accident that leads to an injury or death or even endangers any person as he or she is “willfully fleeing,” additional more severe charges can be brought.

Charges for “Willful Fleeing”

The felony charge for unlawful flight in the state of Arizona for first-time offenders depends on the severity of the actions and pursuit that was involved. The five levels of seriousness, as determined by Arizona law from least to most severe, are mitigated, minimum, presumptive, maximum, and aggravated.

The first-offense of a class 5 felony, which can be charged for “willful fleeing” can include a penalty of zero days in jail up to one full year in jail, or prison of six months to two and a half years. If that person has even one other prior conviction, then a prison sentence will be from one year to three and three quarters of a year. If the person has two prior convictions, then the prison sentence will be from three years to seven and a half years.

Defenses for Unlawful Flight

The most common defense that exists to unlawful flight from a police officer is that the driver simply had a “lack of knowledge” that law enforcement was attempting to stop him or her, and did not notice the policer presence. Because this law requires that a driver “willfully” fled from the police, the prosecution will have to prove that the driver was aware that the police officers were following him or her, and then refused to pull over. Loud music, or looking straight ahead are possible defenses to this charge.

The other commonly used defense is “mistake of fact.” This defense admits that the driver saw the police officers, but thought that they were in pursuit of a different driver.

The final defense is that the driver knew that the police officers wanted to pull him/her over, and was simply waiting and looking for a safe space to pull over. As the driver was attempting to find a safe space, the police officers made an incorrect determination that the driver was attempting to willfully flee from law enforcement.

Contact an Experienced Criminal Defense Lawyer Today

Willfully fleeing from the police can mean a class 5 felony offense conviction, along with other criminal charges. Arja Shah is an experienced criminal defense lawyer in Phoenix, AZ. Learn your legal options and have strong representation by your side in your criminal case. Contact us today by calling (602) 888-0369 or by sending a message through the firm’s request form today.

Minor in Possession of Alcohol or Drugs in Arizona

The State of Arizona has passed strict laws that make it illegal for anyone under the age of 21 to consume or possess any alcoholic beverages. Even holding an unopened alcoholic beverage if you are minor is illegal and can be considered a misdemeanor. These Minor in Possession (MIP) laws are serious and if convicted, these charges are considered a criminal offense. A minor can be arrested, charged, and convicted of a Minor in Possession and receive jail time and have a permanent criminal record. Contacting an experienced defense attorney can help you determine how to best proceed with your case, and help you understand your rights.

Arizona Minor in Possession Statutes

The Minor in Possession statute in Arizona are as follows:

  • ARS 4-241L : If you have a fake ID and purchase alcohol under the age of 21 in Arizona, you will be charged with a Class 1 Misdemeanor. Penalties include fines up to $2,500, revocation of driver’s license for up to six months or 180 days, and jail time of up to six months.
  • ARS 4-241M : If you are under the age of 21 and someone purchases, sells or even gives alcohol to you then you will be charged with a Class 3 Misdemeanor. Penalties include fines up to $500, potential loss of driver’s license for 6 months, and possible jail time of up to six months.
  • ARS 4-241N : If you under the age of 21 and use a fake ID to get into a bar or other establishment that requires all patrons to be over the age of 21, then you will be charged with a Class 1 Misdemeanor. Penalties include fines up to $2,500, suspended driver’s license for up to six months, and jail time of up to six months.

Additionally, if a minor consume alcohol in a public place, he or she can be charged with a Minor in Consumption (MIC) ticket that can result in sanctions, one year of probation and community service.

Possible Defense Against a Minor in Possession Charge

An experienced criminal defense attorney may be able to defend against the charge of underage drinking for either Minor in Possession or Minor in Consumption in Arizona. Depending on the facts and circumstances specific to your particular case, an attorney may be able to build a strong case to attempt to request community service or classes, instead of heavy fines or jail time. Additional defenses against Minor in Possession or Minor in Consumption can include situations that involve a minor using alcohol for medicinal purposes or religious ceremonies. However, the state of Arizona considers Minor in Possession and Minor in Consumption as serious criminal offenses. These charges should not be taken lightly, as the state of Arizona typically takes a zero-tolerance policy regarding minors involved with alcohol.

Contact a DUI Lawyer Today

If you are facing Minor in Possession or Minor in Consumption charges, contact an experienced DUI attorney as soon as possible to help you understand your legal rights. Our firm’s founder, Arja Shah, is a leading defense lawyer in Phoenix, AZ. Her aggressive representation and client services set our firm apart from the rest. You can discuss your case with us by calling (602) 888-0369 or by sending a message through the firm’s request form today.

What You Should Know About Arizona’s Super Extreme DUI

In 2006, Arizona had the sixth-highest count of fatalities resulting from driving while under the influence (DUI) of alcohol. The state addressed the issue by placing more stringent penalties on individuals with DUI charges that were particularly troublesome. One way they accomplished this strategy was through the introduction of the ‘super extreme’ DUI offender class.
The severe nature of these charges increases fines and jail time for a convicted defendant. Do not leave your case to chance or inexperienced counsel. Discuss your options with a super extreme DUI lawyer in Phoenix, AZ today.
In the meantime, you may find the information below about super extreme DUIs to be helpful.

How is a Super Extreme DUI Different than a Regular DUI?

Police officers assess your level of impairment by measure your blood alcohol content (BAC). Results above .08% indicate to the responding officer that you are driving while under the influence and should be arrested for DUI. Penalties for a regular DUI conviction include up to 180 days in jail, fines, and a 90-day license suspension.

Extreme DUI vs. Super Extreme DUI in Arizona

The State of Arizona can charge you with an extreme DUI if your BAC is between .150 to .199. The minimum required jail time for this type of conviction is 30 days. Penalties increase sharply, as well.

Penalties and Fines

Individuals who have a BAC higher than .20% face super extreme DUI charges. In this scenario, a convicted person spends a minimum of 45 days in jail. Fines increase steeply, and you cannot serve any of your time by completing a treatment program.

Ignition Interlock Device (IID)

In addition to hefty fines and mandatory jail sentences, there are other hurdles that super extreme DUIs bring to the table. For example, you must install an ignition interlock device (IID) in your vehicle.
In short, you blow into the device that checks your BAC for the presence of alcohol before the vehicle can start. You can expect to pay between $100-$200 for the device installation as well as pay a monthly subscription fee of $100 on top of that.
Most IIDs remain in the vehicle for 18 to 24 months. Maintaining the IID alone costs around $2,500 in addition to court costs, attorneys’ fees, fines, and other restitution as allowable by law.

Discussing Your Case with a Super Extreme DUI Lawyer in Phoenix, AZ

It is intimidating to face the courtroom alone when you have been charged with super extreme DUI in Arizona. You might even have a defensible case that can result in dropped or reduced charges. Access to justice does not have to be for a privileged few.

Schedule a Consultation with an Attorney

Discuss your case with Shah Law Firm, PLLC. The firm’s founder, Arja Shah, is a leading super extreme DUI lawyer in Phoenix, AZ, known for her aggressive and thorough disposition in court. You can learn more about your options by calling (602) 888-0369 or by sending a message through the firm’s request form.

Contact Arja Today to Learn How She Can Help You!

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