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Each Arizona DUI case is different, based on the individual circumstances. Below, for your reference, are answers to frequently asked questions about Arizona DUI cases. Please contact Slade A. Lawson at the Lawson Law Office to discuss the specifics of your Arizona DUI case.
What is the "legal limit" for DUI/DWI in Arizona?|
In Arizona, it is against the law to have a blood alcohol level of .08 or more within two
hours of driving.
Can I be prosecuted even if my blood alcohol level is under .08?
Yes. The Arizona DUI statutes are written so that the government has two different ways to convict you. They can convict you by proving that your blood alcohol level of .08 or more within two hours of driving. They can also convict you by proving that, regardless of any blood alcohol level, your ability to drive was impaired in the slightest degree by alcohol or drugs. In other words, it is possible to be convicted of DUI even if you did not take a breath or blood test, or, if the results of the test were below .08.
What should I do if I'm stopped for a DUI?
You should politely tell the officer that you will not agree to take any field sobriety tests. You should refuse to take the HGN test (sometimes called the "eye test" - this is a test where the officer waves a pen in front of your face, asking you to follow the pen with your eyes while he or she tries to determine how smoothly your eyes are tracking). You should provide the officer with your driver's license, but refuse to answer any questions. You should ask to contact your attorney before agreeing to take a breath or blood test.
Please note: Recent Arizona case decisions have held that if a defendant refuses to submit to field sobriety tests, the prosecution may be able to comment on that refusal at trial.
What happens if I refuse to take a breath test?
If you refuse to take a breath or blood test your license will be suspended for a full year. This suspension will be effective regardless of whether you later win your DUI case. Generally, it is not a good idea to refuse to take the breath or blood test. However, if youhave prior DUI convictions, or if your license is already under suspension, you should contact your attorney before agreeing to take the test.
What will happen to me if I'm convicted of a DUI?
In Arizona, every DUI conviction carries with it a mandatory jail sentence. For a first
offense misdemeanor DUI, the minimum sentence is ten days in jail. There are also
mandatory minimum fines and a mandatory license suspension. A first offense "extreme" DUI conviction carries mandatory minimum sentence of thirty days in jail.
What is an extreme DUI?
To be convicted of an Extreme DUI, the government must prove that your blood alcohol level was at or above .150 within two hours of driving. An Extreme DUI carries a longer mandatory jail term, higher mandatory fines, and other severe penalties. An Extreme DUI is a class one misdemeanor.
What is an Aggravated DUI?
An Aggravated DUI is a class 4 felony. You can be charged with an Aggravated DUI if, at the time you were stopped by the police, your license was already under suspension. You can also be charged with Aggravated DUI if you had two or more previous DUI convictions within the past 5 years, or, if you commit a DUI while a child under the age of 15 is in the vehicle. Aggravated DUI usually carries a mandatory minimum sentence of 4 months in prison.
FREQUENTLY ASKED ARIZONA CRIMINAL CASE QUESTIONS
What is the difference between a misdemeanor and a felony?
Felonies are more serious than misdemeanors. The range of punishment for Arizona felony offenses can range from probation to time in prison. Many felony convictions carry mandatory prison sentences. In Arizona, a conviction for first degree murder (the most serious felony) can result in a death sentence. A felony conviction can also result in the loss of certain civil rights. For instance, convicted felons lose their rights to vote, to hold public office, to possess firearms, and to serve as jurors.
Misdemeanors, although not as serious as felonies, can also carry serious penalties. The maximum possible punishment for a class 1 misdemeanor conviction in Arizona is six months in jail and a $2,500 fine. Some Arizona misdemeanor offenses (DUI, for example) carry mandatory jail sentences. Mr. Lawson handles all types of misdemeanor and felony matters.
What should I do if I'm arrested or questioned by the police?
You should remain silent except to request to call your lawyer. Although the police may seem like they are on your side or somehow sympathetic to your case, they have most likely already made up their mind to arrest you. Do not give the police additional ammunition by attempting to talk your way out of trouble. In the event you are arrested, you should immediately ask to call a lawyer. Mr. Lawson is available 24 hours a day.
If I am arrested, do the police have to read me my rights?
No. The police are only required to read you your Miranda rights if you are taken into
custody and interrogated. In other words, the police don't have to read you your rights if they don't plan on asking you questions. There are, however, circumstances where a confession or a statement to the police can be ruled inadmissible. Mr. Lawson will
examine your case personally to determine whether any of your rights were violated.
If I am arrested, can I take my case to trial?
Yes. In Arizona, a person charged with any felony has the right to a trial by jury. Some
misdemeanors (e.g., DUI, theft, leaving the scene of an accident) carry with them the right to a jury trial. Other misdemeanors only carry with them the right to a bench trial. In a bench trial, the judge, not a jury, renders the verdict. In all trials, the prosecution has the burden of proof. The prosecution has the burden of proving a defendant guilty beyond a reasonable doubt. Mr. Lawson has extensive trial experience. He has tried well over 100 cases in courtrooms throughout the state of Arizona.
If I am found guilty, will I go to jail?
It depends on the specific crime for which you are convicted. Arizona has some of the toughest sentencing laws in the country. Many Arizona crimes (e.g., DUI, some weapons charges, some sex offenses) carry mandatory prison sentences. If you are convicted of a crime that carries a mandatory prison sentence, the judge will have no choice but to sentence you to jail or prison. That is why any arrest is a very serious matter. Trust your freedom only to a Certified Criminal Law Specialist.
How do I find the right lawyer?
Many lawyers advertise themselves as criminal defense lawyers. The yellow pages are flooded with their advertisements. When you've been arrested, or are facing criminal charges, don't trust your freedom to a lawyer just because he a the big ad or a catchy slogan.
The State Bar of Arizona is the organization which governs all attorneys in Arizona. The State Bar certifies lawyers in several areas of law, including criminal defense. A State Bar Certified Specialist in Criminal Law is a proven specialist in the field. These attorneys, because of experience, training, and examination are awarded certificates by the Board. Certified Specialists have demonstrated integrity, professionalism and a high degree of competence in their specialty field.
The State Bar of Arizona has a list of Certified Specialists. To obtain a list of Certified
Criminal Law Specialists, contact the State Bar at 602-340-7300, or, visit their web site at www.azbar.org/findinglawyer. Mr. Lawson has been a Certified Specialist in Criminal Law since 1998. He has a proven record as a dedicated and effective lawyer for defendant's in criminal cases.
What questions should I ask before hiring a lawyer?
Ask the lawyer whether they are a certified as a specialist in criminal law by the State Bar of Arizona. Ask the lawyer what percentage of their practice is devoted to criminal
defense. Ask the lawyer how long they've been practicing law in Arizona, and what
percentage of their legal career has been devoted to Arizona criminal defense. Ask the lawyer what type of cases they have successfully handled. Ask the attorney if they will personally handle your case. Ask the attorney how accessible they will be. Ask the attorney whether they are available to meet on evenings or weekends.
Mr. Lawson is a State Bar of Arizona Certified Criminal Law Specialist. Nearly 100
percent of his practice is devoted to criminal defense. He has been a lawyer for over
fifteen years. All of that time has been devoted to the defense of criminal cases in
Arizona.
Mr. Lawson has successfully handled cases ranging from misdemeanor DUI to murder. He has appeared in numerous courts throughout the state of Arizona. Mr. Lawson will personally handle every aspect of your case and is available 24 hours a day. He is available for consultations on evenings and weekends. Mr. Lawson prides himself on the personal and specialized service he gives to each of his clients.
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