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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.