Warning: Creating default object from empty value in /www/arjashahlawcom_608/public/wp-content/themes/enfold/config-templatebuilder/avia-shortcodes/slideshow_layerslider/slideshow_layerslider.php on line 28
Uncategorized Archives - Arja Shah Law

Field Sobriety Tests and Your DUI Case

Driving Under the Influence (DUI) charges in Arizona are serious and can remain on your permanent record throughout your life. Additionally, a DUI conviction in Arizona can include substantial fines, the suspension of a driver’s license, and jail time. If you, a friend, or a family member has been arrested for a DUI, contact and experienced DUI attorney to understand your rights, especially if you submitted to a field sobriety test.

Field Sobriety Tests

When a motorist is stopped on a roadway by a police officer under the suspicion of driving under the influence of drugs or alcohol, law enforcement may carry out a series of preliminary roadside tests called field sobriety tests.
The United States National Highway Traffic Safety Administration (NHTSA) established these specific field sobriety tests as a way for law enforcement to determine if motorists were impaired due to drugs or alcohol while operating a motor vehicle.
In order to administer these tests, law enforcement must have consent from the driver. A drive is under no obligation to agree to submit to these tests. These physical field sobriety tests are used by police officers to make a decision in the field whether or not a driver is impaired due to the use of alcohol or drugs. The three standard types of field sobriety tests are as follows:

  • Horizontal Gaze Nystagmus Test (determines if there is jerking of eyes when tracking objects)
  • Walk and Turn Test (determines balance and the ability to follow instructions)
  • One Leg Stand Test (determines balance)

Accuracy of Field Sobriety Tests

The accuracy of field sobriety tests has always been in question, and can never be used alone to convict someone of a DUI. Field sobriety tests are only as reliable and accurate as the police officers that administer them. Certain factors are significant to ensuring the accuracy of a field sobriety test including, the location, lighting, traffic and noise, weather, age and weight of motorist, any medical conditions of the motorist, language barriers, how the instructions were given, and if the officer evaluated the test properly.

Refusal to Take a Field Sobriety Test in Arizona

In Arizona, you have a legal right to refuse to take the administered field sobriety tests from law enforcement. In most cases, a police officer has determined whether they will make an arrest for a DUI based on behavior. Refusal to take a field sobriety test may not change that you may be taken to the police station for suspicion of driving under the influence. A police officer has the right to arrest a person without a field sobriety test or a breathalyzer test.

Contact a DUI Attorney

If you are facing DUI charges, it is important to know that any breathalyzer, blood work, or field sobriety tests you take can be used against you in a DUI case. If you are unsure how your field sobriety test will affect your case, 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 Criminal Charges can Occur After a Car Accident in Arizona?

Car accidents involving death or injury can result in terrifying criminal charges. This sentiment is even more prominent for individuals who made a mistake behind the wheel that changed their lives and the lives of others forever.
If law enforcement charged you with a vehicular crime after a car accident, reach out to a criminal defense lawyer in Arizona. She or he can devise a case strategy and explore your options.
Here are a few charges under which the State of Arizona prosecutes alleged crimes involving car accidents:

Types of Vehicular Crimes in Arizona

The below-listed crimes are typical examples of actions that may trigger legal action by the state’s justice department. Remember that you are innocent until proven guilty. Therefore, the information contained within each category is a real but defensible result.

Endangerment

Endangerment is the act of driving recklessly in a way that can cause a significant risk of injury or death to another person. It is a Class 6 felony which can result in the possibility of up to three years in prison.

Leaving an Accident Scene

It is an illegal act to leave the scene of a car accident in Arizona. This is particularly true for accidents involving death or injury. The state can even charge people for a hit-and-run crime in this scenario.
Leaving the scene of a car accident, in any case, is at least Class 5 felony. Penalties include up to 30 months in prison. Cases involving death or injury become a Class 3 felony. A conviction of this type can result in a prison sentence of up to nine years.

Negligent Homicide

Negligent homicide charges are on the horizon for drivers who negligently cause the death of another individual. Typically, negligent homicide auto accidents in Arizona involve driving under the influence of drugs and alcohol.
Arizona’s justice system classifies negligent homicide as a Class 4 felony. Prison time includes up to 45 months in prison for a first-time conviction.

Aggravated Vehicular Assault

Hitting someone with your vehicle may result in aggravated vehicular assault charges. In short, it means that prosecutors believe the driver recklessly injured while operating a motor vehicle.
Aggravated vehicular assault charges are a Class 3 felony. Maximum prison time for a conviction may be as long as 15 years.

Driving Under the Influence (DUI)

Driving under the influence (DUI) of alcohol or drugs occurs when your blood alcohol content (BAC) registers at a level .08% or higher. Jail time may include up to six months as well as fines and court courts for a first-time offense.

Unlawful flight

Unlawful flight is the act when a driver attempts to evade the pursuit of law enforcement. It is a Class 5 felony that carries a maximum prison sentence of up to four months and a fine of up to $750.

Discuss Your Charges with a Criminal Defense Lawyer in Arizona

A vehicular crime in Arizona carries significant consequences for the person convicted of such a crime. Most often, people feel the burn of a vehicular criminal charge as it relates to economic and professional opportunities.

Schedule a Consultation Today

Consider discussing your criminal charges with Arja Shah Law. Our firm’s founder, Arja Shah, is a top criminal defense lawyer in Phoenix, AZ, known for her aggressive approach in defending clients. You can discuss your options with our team by calling (602) 888-0369 or sending us a message through our firm’s request form.

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.

What You Should Know When Facing Fraud Charges in Arizona

Fraud is a type of prosecutable crime in Arizona. It is the occurrence of someone falsifying information to defraud another person for personal benefit. Fraud schemes can be simple or complicated in nature.
Knowledge is power if you are facing fraud charges. The information below is a great place to start familiarizing yourself with the process. However, the only way to apply legal advice to your specific case is by speaking with a licensed Arizona criminal defense attorney.

Definition of Fraud in Arizona

The State of Arizona can charge a person with fraud if he or she intentionally receives any gains through the use of lying and dishonesty, including omissions. Arizona currently designates this crime as a class 2 felony.
So, what types of fraud crimes commonly occur? There are an infinite number of ways that a person can commit fraud, including:

  • Identity theft
  • Check and credit card fraud
  • Tax fraud
  • Mail and wire fraud
  • Ponzi schemes
  • Securities fraud
  • Medicare and Social Security fraud

The facts of your case dictate whether the state or federal government prosecutes you. Generally, prosecutors at both levels review the details to determine the proper venue and jurisdiction.

How the State of Arizona Prosecutes Fraud Charges

Being accused of a crime is not the same as being guilty of committing one. Therefore, the prosecutor assigned to your case must prove the allegations against you beyond a reasonable doubt. Elements of their arguments must establish that you:

  • Received some benefit (typically money or quid pro quo),
  • Obtained it through false means, and
  • Intentionally ran a scheme to defraud others

It is important to note that fraud does not limit itself to money or tangible goods. Courts can bring fraud charges against someone who deprives another of honest services.

Penalties for Fraud Charges in Arizona

The presumptive sentence for a fraud conviction in Arizona is five years. However, aggravating factors may increase this number to 12.5 years. A judge may order you to pay up to $150,000 plus court costs, attorneys’ fees, and restitution to the victim.
Cases involving personal gains greater than $100,000 are likely not eligible for suspended sentences, probation, early release, or pardon.

Possible Legal Defenses to Fraud

Hiring an attorney is the most efficient and effective way to establish a strategy for your case. There are many defenses your lawyer can use to fight your case in court, including:

  • You never intended to defraud someone;
  • Your ‘victim’ clearly understood the terms of your agreement;
  • You never received any personal gains.

There are other details your attorney can address, such as civil rights violations you suffered during the arrest or while in custody. He or she can attack so-called forensic data used against you. The possibilities are endless.

Hiring an Arizona Criminal Defense Attorney

You do not have to face fraud charges on your own. Consider working with Arja Shah Law. The firm’s founder, Arja Shah, is an aggressive criminal defense attorney with offices in Phoenix, AZ. Clients appreciate her strong advocacy in the courtroom and service-centered approach. You can discuss your case with Ms. Shah by calling (602) 888-0369 or by sending her a message through the firm’s request form.

What are Arizona’s Drug Possession Threshold Limits?

Drug possession charges can quickly escalate to intent to sell depending upon the amount allegedly found on you. This concept applies even if selling drugs was not your intention. Arizona state laws designate ‘threshold limits’ that describe the maximum amount a person can carry and their corresponding misdemeanor or felony charges.
Each type of drug carries a different threshold amount. However, an experienced Arizona drug possession lawyer can provide you with insight regarding possible defenses to your unique case. Prosecutors try possession with intent to sell as felonies which makes the charges against you quite serious.

How Arizona Police Try to Prove Their Case Against You

A top priority of any arresting officer is to gather evidence against you at the crime scene. He or she looks for elements that may corroborate the allegations that you intended to sell drugs. The types of things an officer may look for include:

  • Drugs divided into baggies
  • Drug paraphernalia
  • Large amounts of cash on hand
  • Drugs divided into separate baggies
  • Cell phone and bank account records
  • Scales and packaging items commonly used in sale

Law enforcement seizes anything that might look like supporting evidence that you are selling drugs. However, your unique circumstances and involvement may affect the state’s case against you. You can find out more about your specific situation by speaking with an Arizona criminal defense attorney.

Arizona Drug Possession Threshold Limits

Drug possession threshold limits are the amounts of drugs you can possess before prosecutors add intent to sell charges to your other charges. Here is a breakdown of threshold limits by drug type as described by Arizona law:

  • Marijuana: 2 pounds
  • Heroin: 1 gram
  • Meth: 9 grams
  • LSD: ½ ml or 50 dosage units
  • Crack: 750 mg
  • PCP: 4 grams

For other drugs not listed, prosecutors consider the value of the drug on you. Values greater than $1,000 usually result in distribution charges.

Defenses to Possession with Intent to Sell Cases

You are innocent until proven guilty. Just because you have pending drug possession with intent to sell charges against you in Arizona does not mean that you are going to receive a conviction. Your attorney will help you put together a defense, such as:

  • Lack of knowledge the drugs were there
  • Illegal arrest, search, or seizure
  • Medical marijuana
  • Religious uses

Not all cases are eligible to have charges dropped nor are they all a ‘slam dunk’ for the State of Arizona. However, you have a right to receive the most competent defense that provides the best fighting chance possible when facing such serious charges.
Consider working with Arja Shah Law. The firm’s founder, Arja Shah, is an aggressive drug possession lawyer in Phoenix, AZ. Clients appreciate her strong advocacy in the courtroom with a client-centered approach to service. You can discuss your case with Ms. Shah by calling (602) 888-0369 or by sending her a message through the firm’s request form.

Four Types of Court Hearings You Attend After a Scottsdale DUI Arrest

The legal proceedings you face after receiving DUI charges in Scottsdale can be intimidating. Knowing what to expect can help ease your mind as you navigate an unfamiliar legal system. Since every case is unique, speaking with an experienced Scottsdale DUI lawyer is the best way to ensure your rights are protected when facing Arizona DUI charges.
Here are a few types of hearings you may be required to attend while fighting Arizona DUI charges:

Arraignment

The arraignment is the first type of hearing you attend following a DUI arrest. It consists of an appearance before a judge in court. He or she reads the formal charges against you and sets bail, if applicable.
You also submit your plea as guilty, not guilty, or no contest. A plea of not guilty means that you still have the right to a trial. This answer is advisable for most cases, no matter what the circumstances are. It allows your lawyer to argue the charges against you later on.
If you hired a licensed Arizona DUI attorney, you typically do not have to face the courtroom since he or she can attend on your behalf.

Preliminary Hearing

The preliminary pretrial hearing is the next type of hearing you attend. It is a hearing that allows the judge to determine if probable cause existed to support the DUI charges against you. Bail can also be adjusted, rescinded, or offered during this hearing.

Pretrial Conference

The pretrial conference an opportunity for your lawyer to manage certain aspects of your case. It is a formal setting in which you, your lawyer, case judge, and prosecutor meet to:

  • Finalize pleadings and motions with the court
  • Come to a potential plea agreement
  • Receive discoverable evidence used in the trial
  • Determine the case’s ‘trial readiness’

You may be able to settle your case at this point unless your attorney thinks you should take it to trial. If the prosecutor rejects your offer, the case goes undismissed and goes to trial.

Jury or Judge Trial

The final phase of dealing with Scottsdale DUI charges is attending a judge or jury trial. In most cases, your attorney requests a jury trial but can advise you as to which will work best for your situation. Expect the trial process to last for three days.
After opening statements, the prosecutor assigned to your case presents the state’s evidence against you. Evidence may come in the form of property, testimony, witness, and expert. Prosecution ‘rests’ upon the conclusion of presenting their case.
Your legal team then has the opportunity to refute and question the state’s claims in court. Your criminal defense attorney can devise a strong strategy to ensure you have the best fighting chance possible.
Your team rests your case. The jury then deliberates to decide whether there is sufficient evidence beyond a reasonable to convict you.

Hire a DUI Lawyer in Scottsdale, Arizona

Consider working with Arja Shah Law. The firm’s founder, Arja Shah, is an aggressive DUI lawyer with offices in Phoenix, AZ. Clients appreciate her strong advocacy in the courtroom with a client-centered approach to service. You can discuss your case with Ms. Shah by calling (602) 888-0369 or by sending her a message through the firm’s request form.

Types of Arizona Theft Charges and Penalties

Arizona statutes classify theft as either a misdemeanor or felony depending upon the value and circumstances surrounding the charges. While processing the case, courts take into account prior convictions, as well.

Different classes and charges lead to increasing punishment. It also provides ample opportunity to reduce or drop charges against you. While the information below is helpful, you should speak with a theft lawyer in Arizona if you have specific questions related to your case.

Class 1 Misdemeanor Theft Charges

Law enforcement charges individuals with a class 1 misdemeanor for property valued at less than $1,000. It is also the lowest level of theft offenses across the board. As with many legal aspects, this rule-of-thumb is not absolute. Firearm theft is one example of when a class 1 misdemeanor theft can be bumped up to a class VI felony.

A class 1 misdemeanor is punishable by up to six months in county jail with a fine that cannot exceed $2,500. You may also have to pay the victim restitution for the losses incurred if convicted.

Class 6 Felony Theft Charges

Theft charges with a value between $1,000 and $2,000 are designated as class 6 felony charges in Arizona. Penalties for this level of theft include a prison sentence between four months and two years. The court may impose a maximum fine of $150,000.

Class 5 Felony Theft Charges

Theft charges of property valued between $2,000 and $3,000 are designated as class 5 felony charges in Arizona. Penalties for this level of theft include a prison sentence between six and 28 months. The court may impose a maximum fine of $150,000.

Class 4 Felony Theft Charges

Theft charges of property valued between $3,000 and $4,000 are designated as class 4 felony theft charges in Arizona. Class 4 felony theft charges may also apply to engine or transmission theft, shoplifting, and two or more previous convictions within the past five years.

Class 4 felony charges in Arizona include a prison sentence from one year to three and three quarters years and a maximum fine of $150,000.

Class 3 Felony Theft Charges

Theft charges of property valued between $4,000 and $25,000 are designated as class 3 felony charges in Arizona. Penalties for this level of theft include a prison sentence between two and eight and three quarters years. The court may impose a maximum fine of $150,000.

Class 2 Felony Theft Charges

Theft charges of property valued $25,000 or more are designated as class 2 felony theft charges in Arizona. Penalties for this level of theft include a prison sentence between three and 12.5 years. The court may impose a maximum fine of $150,000.

Speak With an Arizona Criminal Defense Lawyer

The criminal procedure process can be intimidating to anyone facing theft charges in Arizona. When heading into the courtroom alone, you may feel like you are at the mercy of the court. That is why hiring a criminal defense lawyer is a good idea.

Consider working with Arja Shah Law. Firm founder, Arja Shah, is a leading theft attorney in Phoenix, AZ, known for her aggressive style and command of the law. Discuss your case with Ms. Shah by calling (602) 888-0369 or by sending her a message through the firm’s request form.

Can You Get Domestic Violence Charges Dropped in Arizona?

Family members fight. Most arguments never escalate beyond bruised egos and sincere apologies. However, situations can get out of control, and angry tempers can flare. You may even find yourself subject to domestic violence charges in Arizona when this happens.

If you are facing wrongful domestic violence charges, speak with a criminal defense lawyer immediately. He or she can defend you while presenting the best case possible in the courtroom. In the face of uncertainty, it can be reassuring to know you have someone aggressively protecting your rights.

How Arizona Laws Define Domestic Violence

Domestic violence refers to offenses committed against household members, such as spouses. However, it is not limited to immediate family members. Arizona courts may consider former dating partners, as well. Arizona classifies types of domestic violence crimes as:

  • Physical and verbal assault
  • Restraining order violations
  • Elder abuse
  • Harassment
  • Sexual or physical battery
  • Murder
  • Kidnapping

As you can see, the associated crimes of domestic violence are serious. Being charged with this crime does not mean you are guilty. Arguments can become heated quickly, and sometimes your accuser is not always completely honest with law enforcement.

A domestic violence lawyer in Arizona may use the following techniques to get your case dismissed:

Lack of Evidence

A defendant can get domestic violence charges dismissed if there is not enough evidence to convict him or her of the crime. If prosecutors cannot prove that you committed a crime beyond a reasonable doubt, the state does not have a case against you. Your attorney can file a motion to dismiss the pending charges against you in this situation.

Uncooperative Witnesses

An uncooperative witness is one who refuses to participate in testifying truthfully about domestic violence allegations in good faith. Sometimes embarrassment, guilt, and fear play a role in the decision-making aspect of the claims against you.

Even if the alleged victim wants to drop the charges, the case will not be dismissed immediately. Instead, the courts process and handle the case even if he or she refuses to testify against you. However, victims who refuse to make statements make it difficult for the state to prove anything against a defendant.

Hire a Domestic Violence Defense Attorney in Phoenix, AZ

Being charged with domestic violence is no joke. If convicted, the outcome of your case could have serious consequences that impact the rest of your life. Once the ball is in motion concerning the charges against you, it is difficult to stop or slow it down.

A criminal defense attorney is the person most suited to offer professional counsel and aggressive representation for those who are facing these types of charges. A criminal defense lawyer can craft a defense strategy to help achieve the best outcome possible.

Consider Bringing Your Case to Arja Shah Law

Our firm’s founder, Arja Shah, is a leading domestic violence defense lawyer in Phoenix, AZ, known for her bold yet client-centered approach. You can discuss your case with Ms. Shah by calling (602) 888-0369 or by sending her a message through the firm’s request form.

Defending an Aggravated DUI in Arizona

The penalties resulting from an aggravated DUI charge in Arizona can be severe. That is why it is essential that you consider several possible defenses to your case. Remember that you are innocent until proven guilty.

If you have been charged with an aggravated DUI, consider seeking the legal counsel of an experienced and licensed criminal defenselawyer in Arizona. He or she can provide the best defense possible for you in court.

Here are a few defenses that you may want to use in your case:

1. Probable Cause Did Not Exist.

The responding officer must have probable cause to pull you over and arrest you. Probable cause is a term that means the officer had a valid reason to take either of those actions. Without it, the state may lack sufficient admissible evidence to prove its case against you.

2. You Were Not Read Your Miranda Rights.

Upon arrest, the officer is required to read you your Miranda Rights. These rights let you know what your personal rights are during the time you are in custody. Failure to read them to you is a possible defense in your case since it is a civil rights violation. This means the proper arrest procedures were not followed and may have invalidated the arrest.

3. You Were Not Given Proper Warning Regarding Chemical Tests.

Refusal to take a chemical or breathalyzer test is a violation in Arizona. The arresting officer is required to inform you of the consequences of not providing a sample. The tests might not be admissible in court if you were not properly warned in the first place.

4. The Chemical or Breath Tests Were Administered Improperly.

Chemical and breathalyzer tests are devices that law enforcement uses to determine if you have drugs or alcohol in your system, causing unlawful impairment. However, these tests must be administered properly using functioning, calibrated machines. Being able to prove either of these two instances may be able to demonstrate that the DUI tests should be thrown out of court.

5. Challenging the Accuracy of the Test Results

There are too many variables when it comes to administering chemical or breath tests in proving an aggravated DUI against you. These variables can lead to inaccurate results. Your defense attorney may call upon the testimony of a forensic analyst to determine the validity of the test’s administration and how the results were read.

Consider Hiring an Arizona Aggravated DUI Lawyer

Aggravated DUI defenses are difficult to prove. However, it is not impossible to manage under the representation of a skilled attorney licensed to practice in Arizona. He or she may be able to get your charges dropped or reduced. If that is not possible, then at least you are assured that your rights are not being violated during the process.

Consider working with Arja Shah Law. The firm’s founder, Arja Shah, is a leading aggravated DUIlawyer in Phoenix, AZ, known for her bold, yet client-centered, approach. You can discuss your case with Attorney Shah by calling (602) 888-0369 or by sending her a message through the firm’s requestform.

Penalties for Getting a DUI in Arizona

Driving under the influence of drugs or alcohol is a serious offense under Arizona law, and it carries significant legal consequences. Plus, DUI sentencing can vary by judge and prosecution teams in the end. Working with an experienced Arizona DUI lawyer can make the process less intimidating and ensure your rights are protected.

What is a DUI?

WHen you are accused of a DUI, you are being accused of driving under the influence. During a traffic stop, police officers actively look for signs of intoxication. Sometimes, drivers are arrested for a DUI even if their blood alcohol concentration (BAC) is below the technical limit.

DUI Penalties for Minors and Adults

Arizona law specifies that individuals under the age of 21 are “minors.” Minors are not allowed to drive with any amount of alcohol in their blood. First-time offenders face:

  • Steep fines,
  • Rigorous probation,
  • Loss of driver’s license,
  • Community service, and
  • The installation of an ignition interlock device

Penalties for driving under the influence have grown increasingly harsher over the past few years. However, the most critical elements considered during sentencing are the number of previous offenses along with your BAC at the time of the arrest.

First Offense DUI

Your first DUI offense may carry a fine of at least $1,480 and at least 10 days in jail with up to nine days suspended. Courts require you to install an ignition interlock between six months and one year.

Second Offense DUI

Your second offense may carry a fine DUI fine of at least $3,000 and at least 90 days in jail. A judge can suspend up to 30 days if you complete drug screening and treatment thresholds. Courts require you to install an ignition interlock for one year.

Third Offense or Greater DUI

A third DUI offense, within seven years of your last, is a felony in Arizona. Your third offense may carry a fine DUI fine of at least $4,000 and at least 120 days in jail. Courts require you to install an ignition interlock for at least two years.

Penalties for Not Complying with Sobriety Tests

Licensed drivers in Arizona have submitted to “implied consent.” The term means that you have already given your permission to testing by merely holding a drivers’ license. In other words, if a police officer reasonably presumes you are driving while impaired, you must submit to a blood test or breathalyzer test to determine your BAC.

It also means that you can lose your license for refusing to comply with testing. This suspension is entirely separate from the criminal part of a DWI case, but it can increase your drunk driving penalties of a license suspension for up to twoyears.

Ask for an Arizona DUI Lawyer

Going to jail for DUI charges in Arizona does not mean you are guilty. You still have rights. Exercise your right to an attorney by asking for one immediately upon arrest.

Our Arizona DUIlawyers are ready to assist you. You can call our office (602) 888-0369 or by emailhere to request a free, no-obligation consultation regarding your case. We look forward to serving you and your family.

What You Should Know About a Prescription Drug DUI in Arizona

Operating a motor vehicle under the influence of prescription drugs is illegal in the state of Arizona. Narcotic medications, in particular, cause the driver to become intoxicated in the same manner as illicit drugs and alcohol.

If you are charged with a prescription DUI in Arizona, you will discover that the consequences are severe and will affect your life for a long time. Working with an experienced Arizona DUIlawyermeans you have someone to fight on your behalf while keeping your case on track toward the best possible outcome.

In any criminal law case, knowledge is power for defendants. Here are a few critical points regarding prescription DUI charges that you may want to consider:

How an Officer can Tell if You are Under the Influence of Prescription Drugs

Police officers receive standard and specialized training related to assessing your ability to safely operate a motor vehicle. During your traffic stop, the responding officer begins his or her sobrietytestwithout you even knowing it. He or she is looking for signs of drug use, including odd behavior and the inability to respond to routine questions.

The officer typically administers a Breathalyzer test to assess your blood alcohol content (BAC). If he or she rules out alcohol but still suspects that you are under the influence of drugs, then he or she can request that you take a chemical test. The chemical test examines your blood to determine which chemicals are in your system.

Individuals holding an Arizona drivers’ license have submitted to implied consent laws by default. Implied consent is an agreement you made to submit to breath and chemical tests at the request of a police officer under good cause. The state automaticallysuspendsyour driver’s license for refusal to take these tests.

Penalties for a First-Time Prescription Drug DUI

Arizona is a state known for having the strictest DUI laws in the country while imposing even more stringent penalties. Even with a valid prescription, police officers can still arrest you for driving under the influence of narcotics and psychoactive medications.

Prescription drug DUIs are classified and treated in the same manner as alcohol and illegal drug-related DUIs. A first-time prescription drug DUI in Arizona is a Class I Misdemeanor in most cases. Prosecutors can elevate charges in the event of an aggravated circumstance such as hitting a pedestrian or having minors in the vehicle.

Penaltiesfor a first-time DUI in Arizona may include:

  • A jail sentence of no less than ten days (courts can suspend up to nine days)
  • A minimum fine of $1,250
  • Alcohol screening, treatment, and education
  • The installation of an interlock device
  • Community service

Penalties for anaggravatedor extreme prescription DUI carry even harsher sentences and may include the following consequences:

  • A jail sentence of no less than thirty days
  • A minimum fine of $2,500
  • Alcohol screening, treatment, and education
  • The installation of an interlock device
  • Community service
  • No possibility of probation

As you can see, the stakes are high when charged with a prescription drug DUI. Consider discussing your options with the insight of an experienced an Arizona DUI attorney. He or she protects your rights while providing the best possible defense in the courtroom.

How a DUI Attorney Defends You in Court

A DUI attorney licensed to practice in Arizona offers you a fighting chance at beating or reducing the charges pending against you. Some defenses and counterarguments he or she uses may include:

  • The responding officer did not have probable cause to pull you over in the first place.
  • Blood and chemical tests were contaminated or improperly administered.
  • The state lacks enough evidence to prove you were under the influence of prescription drugs.
  • You were not aware that your prescription drug caused impairment.

Facing prescription drug DUI charges is stressful when you feel no one is in your corner. Hiring a DUI attorney can help you feel like you are getting the best help possible. He or she can fiercely advocate and negotiate on your behalf before and during the trial phase.

Consider working with Arja Shah Law. The firm’s founder, Arja Shah, is a leading DUIlawyerin Phoenix, AZ, known for her bold yet client-centered approach. You can discuss your case with Ms. Shah by calling (602) 888-0369 or by sending her a message through the firm’s requestform.

Contact Arja Today to Learn How She Can Help You!

3 + 1 = ?

This contact form is deactivated because you refused to accept Google reCaptcha service which is necessary to validate any messages sent by the form.
Call Now ButtonAvailable Now by Phone/Video