If you or someone you love has been arrested for DUI in Arizona or you’re even being investigated for another crime, you should treat that situation as an urgent one for many reasons.  One of the most basic reasons for you to act as quickly as possible is because the criminal prosecution process will not stop to wait for you as you decide how to proceed.  Therefore, anyone in this position should seek the immediate help of a DUI lawyer in Scottsdale if he or she faces that charge.

Below you’ll find information regarding why retaining a Scottsdale DUI attorney for that charge is so vitally important in terms of protecting your legal rights.  You’ll also find information regarding how a criminal defense lawyer in Scottsdale will be able to help you through this process if you face charges relating to any other crime.  Finally, you’ll find information regarding how you can obtain the advice of a DUI lawyer in Scottsdale if you need to defend yourself.

A DUI Lawyer in Scottsdale – Serious Penalties

If you face prosecution for Arizona DUI, you find yourself in a serious legal situation.  Arizona has toughened its DUI laws in recent years to the point where it has become notorious for the harsh penalties defendants face even for a first time conviction.  Therefore, a Scottsdale DUI attorney should be retained as soon as possible so that you can fight for your rights on the two fronts that require it:  the administrative hearing with the Arizona DMV and the criminal prosecution that could lead to substantial fines and jail time.

A DUI lawyer in Scottsdale will be able to assist you on both fronts, and he or she will also be able to help you understand what’s at stake as you move through this process.  There could also be an opportunity to negotiate a solution that involves a less serious charge in certain situations, but recognizing that possibility requires legal knowledge and experience.

A Criminal Defense Attorney in Scottsdale – You Have Legal Rights

If you face an arrest and/or a prosecution for a different crime, you still should act with the same urgency when it comes to protecting the legal rights that are guaranteed to you under the Constitution.  The best way to do so is to retain a criminal defense attorney in Scottsdale who can help you during any questioning by police, who can help you if you’re formally charged and who can help you as you face the possibility of going to trial.

The fact of the matter is that while you do have constitutional rights, they need to be asserted proactively most of the time in order for them to protect you.  If you face this situation, seek the help of a criminal defense attorney in Scottsdale who has been fighting for the rights of the accused for many years.  Contact the Law Offices of Alex Lane today to schedule an initial consultation.

Being arrested for a DUI in Arizona is always a serious situation for someone to face, and people in this position should know that Arizona DUI laws have become some of the harshest in recent years with regards to the penalties that could be faced upon a conviction.  Therefore anyone who has been arrested for a DUI in Arizona should take immediate steps to obtain the help of an experienced Arizona DUI lawyer.  However, this process should involve more than simply choosing the name of someone who claims to understand Arizona DUI laws.  Below you’ll find some factors to consider when searching for an Arizona DUI lawyer.

Experience

Despite the fact that Arizona DUI laws have been changing in recent years, the first factor that you should look for when retaining an Arizona DUI lawyer is experience.  That’s because experience can make all the difference with an Arizona DUI case given the fact that many of the same people are involved and many of the same approaches are used by those who are supposed to earn a conviction.

Legal Knowledge

Not only have the Arizona DUI laws changed rapidly in recent years, but many of the nuances that are related to an Arizona DUI arrest and prosecution are also extremely detailed and meticulous in nature.  Therefore, someone who has been arrested for DUI in Arizona and who needs the help of an Arizona DUI lawyer should retain someone who understands all of these details and nuances so that they can avoid problems that come with overlooking these issues.

Reputation

Every Arizona DUI lawyer earns a reputation over time, and this reputation is critically important for defendants.  That’s because a reputation can completely set the tone for how a prosecutor will handle a specific case.  For instance, if an Arizona DUI lawyer is known as someone who deals fairly with prosecutors but who will not hesitate to take a matter to trial can feel reasonably reassured that prosecutors will deal with that matter in hopes of simply finding a resolution.  However, if an Arizona DUI lawyer has not earned a positive reputation, it could lead to harsh dealings and inflexible terms from the prosecutor.

Overall, being arrested for DUI in Arizona is a difficult situation to face.  Those who find themselves in this position need to take it upon themselves to act immediately in order to protect their legal rights.  That should start by seeking the help of an Arizona DUI lawyer who has earned the reputation that’s needed to benefit clients who have been charged with this crime.  If this includes you or someone you love, contact the Law Offices of Douglas E. Schwab today to schedule an initial consultation.

When the government charges someone with a misdemeanor DUI in Arizona, there are a number of charges that come along with it.  There is usually never just a single Arizona DUI charge. This is why it is so critical to hire a competent Arizona DUI lawyer.

The first charge is driving under the influence.  What that means is the government is alleging the defendant was driving a motor vehicle, and while driving, the driver was under the influence of alcohol or drugs to at least the slightest degree.  With is charge, called driving under the influence, the driver’s blood alcohol concentration is irrelevant.    The government can convict you even with a minimal amount of alcohol in your system. In other words, you did not have to be above the legal limit of alcohol, which is .08 in Arizona, the state to convict you of driving under the influence.  Ironically, if you have a very good tolerance to alcohol you could potentially beat this charge by saying your high tolerance allowed you to drive without any affect, regardless of how high the blood alcohol concentration actually was. If the state convicts you of this charge, the minimum time in jail is one day in custody. In a driving under the influence charge only, the blood test results by themselves are not dispositive.  The first kind of evidence the government will use is the police officer’s observations. All officers in Arizona are certified peace officers, and they all have taken certain courses in DUI investigations. These courses are all standardized NHTSA (National Highway Traffic Safety Administration) classes, the same across the country. The police officer will testify as to how he saw the accused drive and how he saw the accused behaved once he got out of the car. The testimony is always right out of the NHTSA playbook, practically memorized. The police officer will testify to no end how the accused exhibited the NHTSA “nighttime driving cues of impairment.” That is just copspeak for “he looked like he was driving drunk.”  Next, the police officer will testify about the field sobriety tests, or FSTs. According to NHTSA, the FSTs are standardized and are a reliable way to determine if someone has had too much to drink. The tests typically include the horizontal gaze nystagmus, the walk and turn, and the one legged stand. Allegedly, these tests are validated.

The second count in a typical misdemeanor Arizona DUI case is called the per se charge. This charge means your blood alcohol concentration was above the legal limit.  In these sorts of cases, the blood test results are usually dispositive.  For non-extreme DUI charge, the legal limit is 08. For an extreme DUI charge  the legal limit is .15.  The per se charge means that regardless of how high your alcohol tolerance is, you drank so much alcohol that it increased your blood alcohol concentration above the legal limit.  It does not matter for the per se charge that the alcohol you drank did not affect your ability to drive.  If the state convicts you of the first per se charge, ie, blood alcohol concentration above the .08, the minimum time in jail if one day in custody. If the state convicts you of the extreme DUI charge, the minimum time in jail 30 days in custody. With any DUI conviction, even for a first offense, you must have an interlock device for at least 12 months after you get your license reinstated.

Importantly, even if the state convicts you on all three counts, that does not mean you have a three DUI convictions on your record. As long as it is for the same DUI stop, it is only one Arizona DUI conviction.

If you have been charged with a DUI, please contact the Law Office of Vladimir Gagic for a free initial consultation regarding your case.