DUI

Phoenix, AZ DUI & DWI Lawyers

Have you been arrested for a DUI in Phoenix? Arizona has strict penalties for drivers convicted of driving under the influence - but driving under the influence (DUI)/driving while intoxicated (DWI) cases are not hopeless cases, even when charges involve an accident. Do not make the mistake of assuming you cannot prevail in your case. Make your first call to our experienced Phoenix, AZ DUI attorney at The Law Offices of Brandon White, PC. We provide aggressive DUI / DWI defense representation throughout Arizona, including Phoenix, Gilbert, Mesa, Glendale, and Scottsdale.

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First-Time DUI

In many states, there is no minimum jail time for first-time offenders, but first-time DUI offenders in Arizona must spend at least one day in jail (technically a ten day minimum, but nine days may be suspended for completing drug and alcohol screening, education, or treatment).

Second-Time DUI

A second DUI offense is a class 1 misdemeanor, with higher fines, longer license suspension, and increased jail time. If the second DUI is an extreme or super extreme DUI (see below), penalties may be higher. A second DUI puts an individual at risk of a felony for a third DUI.

Extreme & Super Extreme DUI

“Extreme and Super Extreme DUIs” are determined based on the driver’s BAC level. A driver operating a vehicle with a BAC of .15 or above will be charged with an “extreme DUI” and a driver operating a vehicle with a .20 BAC or above will be charged with a “super extreme DUI” (ARS 28-1382(A)(2)).

Aggravated DUI

An “aggravated” DUI is an impaired driving charge with aggravating factors at the time of the arrest including driving without a license (or a suspended license), driving with a passenger under 15 years of age, or having two other previous DUIs within 84 months (7 years) prior. Refusing to submit to a BADC while under an ignition interlock device requirement for a previous DUI is also grounds for an Aggravated DUI

DUI Drugs

Although many drivers are aware of the criminal consequences for driving under the influence of alcohol (drunk driving), many may not be aware that the state takes driving under the impairment of drugs just as seriously. In Arizona, an arresting officer need only suspect impairment by drugs in order to arrest and charge a driver with DUI Drugs.

Restricted License

When you are arrested (even if you are not charged) for a DUI, the Motor Vehicle Division (MVD) in Arizona begins a separate case against you. This is initiated when the arresting officer completes and submits an Admin Per Se / Implied Consent Affidavit. So many drivers do not realize that they can face anywhere from a 90 day to a 1 year suspension of their driver’s license even if a DUI court case is dismissed.

DUI Stops & Arrests Checkpoints

Law enforcement sets up sobriety checkpoints to check for signs of intoxication in drivers. These are often seen on holiday weekends and “drinking holidays” like New Year, Fourth of July, St. Patrick's Day, and Super Bowl Sunday - and should be published in advance to notify the public and can often be found on local news websites and Twitter. The officers will typically ask for your license, registration, and insurance information while observing you for signs of intoxication. If the officer believes that you may be impaired, you may be asked to pull your vehicle to the side of the road for a Field Sobriety Test (FST).

Underage/Under 21 DUI

Arizona is a "Zero Tolerance" state for driving under the influence - a person under age 21 will face criminal charges if they are found to have consumed any amount of alcohol at all - the .08 BAC limit does not apply. A person under age 21 charged with a DUI will face a two year suspension of their driver’s license.

OUI/Boating DUI

Arizona takes boating under the influence of alcohol or drugs very seriously - yes, and the penalties for operating a boat or personal watercraft are very similar to DUI. Boaters may face the same extreme and super extreme penalties for higher BAC levels and may face aggravated boating DUI charges if a passenger on the boat is under 15 years of age.

Arizona DUI & DWI Laws

Title 28 of the Arizona Revised Statutes governs all transportation-related legislation in Arizona. Operating a vehicle “under the influence” or “over the legal limit” are both grounds for a DUI charge - in fact, you can be charged with DUI if you are “impaired to the slightest degree” under Arizona Revised Statutes (see ARS 28-1381(A)(1)).

The primary Arizona code for driving under the influence is ARS 28-1381 (A)(2). Other DUI statutes include:

Extreme DUI: ARS 28-1382 (A)(1)
Super Extreme DUI: ARS 28-1382 (A)(2)
Aggravated DUI: ARS 28-1383
Operating a Boat Under the Influence of Alcohol: ARS 5-395.

There are separate statutes and penalties for drivers who operate commercial vehicles. Arizona takes DUI laws very seriously for Commercial Driver's License (CDL) holders. If you hold a CDL and receive a DUI, you will face Revocation of your CDL (Class A, B, C) for a minimum of one year. You are also required to notify your employer within 30 days under Federal Motor Carrier Safety Administration (FMCSA) regulations.

Implied Consent and Refusal to Take a BADC Test

When you apply for a driver's license in Arizona, part of the “fine print” that you accept is your consent to test for blood alcohol concentration or drug content (BADC) if you are arrested for driving under the influence. This is known as “implied consent” - and a refusal to submit to a blood, breath, or urine BADC results in an automatic suspension for 12 months. A second refusal within 84 months (7 years) will result in a suspension for 24 months. A BADC test is not the same as a Field Sobriety Test (FST). You can refuse to take an FST - although you will likely be arrested and asked to take a BADC test.

Schedule a Consultation with a DUI Defense Law Firm in Gilbert

After a DUI arrest, it is advisable to speak with a DUI attorney in Phoenix immediately. As experienced defense attorneys in Maricopa County, AZ, we take all DUI charges very seriously, as does the entire state of Arizona. We offer a consultation to review your potential case, explain your options, and answer your questions. We can also help with the Motor Vehicle Division side of your DUI case.

Possible Penalties for Driving under the Influence in Phoenix, Arizona

Whether misdemeanor or felony, the consequences, and punishments for driving under the influence charges in Arizona are serious. Below are the minimum penalties for a DUI in Arizona for individuals convicted of DUI offenses who are over age 21 and who do not hold a commercial driver’s license:

First DUI Offense

Jail term of 24 hours to 10 days
Base fine of $250
Drivers license suspension of 90 days to one year
Required Installation of Certified Ignition Interlock Device.

Second DUI Offense ‍

Jail term of 30 days to 90 days
Base fine of $500
Drivers license suspension of one year
Required Installation of Certified Ignition Interlock Device.

Third DUI Offense

Jail term of a minimum of four months
Base fine of $750
Drivers license suspension of one year
Required Installation of Certified Ignition Interlock Device.

If your DUI involves an accident in which someone else is killed, you may face additional, separate charges of vehicular manslaughter, negligent homicide, or second-degree murder.

In Arizona, if you are charged with a DUI, you have the right to a jury trial (ARS 28-1381(F)). However, in most cases, your case can be resolved with a plea agreement. A defendant can also waive their right to a jury trial and have a bench trial, where a verdict is decided by a judge.

Finding the Best DUI Lawyer in Phoenix for Your Case

Prior to founding the Law Offices of Brandon White, a founder of The Law Offices of Brandon White, PC, worked as a State Trooper in Arizona for more than a decade before becoming a Phoenix DWI attorney. As a former law enforcement officer and now an experienced Phoenix, AZ DUI attorney, Mr. White and his Team has the knowledge and expertise you need for a strong defense for driving under the influence charges in Arizona. The other criminal defense lawyers on the team are almost all former prosecutors who use their knowledge to efficiently negotiate on your behalf as a DUI defense attorney in Phoenix. Our top-rated DUI defense lawyers will take your DUI case seriously, no matter what charges you are facing.

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TESTIMONIALS

I just had a telephone consultation with Mr. White and he took the time to explain to me every option I had to resolve a photo radar ticket I recieved in Mesa. I would not hesitate to recommend him to anyone seeking legal advice. Thanks again Brandon, I appreciate the honesty and clear communication we had.

William - Phoenix, Arizona

The whole staff at Brandon White is to be commended……They were thorough with my Traffic Case and kept in touch , communicating the possible outcomes and strategies. I would recommend them to anyone that needs legal help in a Traffic Civil or Criminal situation.

Craig D - San Tan Valley, Arizona

Brandon reached out to me without expectations or any obligation to help with an issue I had. I appreciate the genuine kindness. Good stuff.

Joshua O - Flagstaff, Arizona

The team of Brandon White is a wonderful team. They help my husband a lot and solve all the problems about the traffice case. Every member is so nice and patient. Our English are not good . They explain everything for us and send emails to tell us in detail. I really, really appreciate them and the price is cheap and fine. And no more other fees. Thank you very much!

Qian Z - Scottsdale, Arizona

I’m Extremely satisfied with Brandon white and his team I’m from California and got a traffic ticket in Arizona they took care of everything and were able to get my ticket dismissed Great people and very helpful.

Julio T - Tucson, Arizona

Location

225 E. Germann Rd, Suite 101 Gilbert, AZ 85297

Phone

(602) 237-6772

Fax

(623) 321-1550

Average response time: 1 business day

What is the legal limit for a DUI in Arizona?

In Arizona, you can be charged with DUI if your Blood Alcohol Concentration (BAC) is above .08%. Prosecutors use your BAC (Blood Alcohol Content) as evidence of your level of impairment. However, you can be charged with DUI if your BAC is less than .08% if the law enforcement officer believes you are impaired.

What are the field sobriety tests?

Field Sobriety Tests, or FSTs, involve various tests of your coordination. They are intended to be preliminary tests only and are NOT required. Although there are numerous non-standard sobriety tests, the National Highway Traffic Safety Administration (NHTSA) has approved three standardized FSTs:

Horizontal Gaze Nystagmus (HGN) Eye Test;
Walk-and-Turn Test; and
One-Leg Stand Test.

Can I lose my license even if I win my criminal case?

If you are arrested for DUI/DWI in Arizona, you will have a separate hearing with the Motor Vehicle Department (MVD). It is possible to lose your driver’s license for 90 days or one year in Arizona even if you are never convicted. You must submit a written request for a hearing within 15 days, and your suspension of your driver’s license will be automatic.

How much does a DUI lawyer cost in Arizona?

Representation for your DUI case varies depending on the nature of your charges. The Law Offices of Brandon White, PC offer consultations and affordable, flat-fee representation.