Phoenix DUI Attorney
Defending Against Charges of Drunk Driving in Phoenix
If you or a loved one has been arrested for DUI, you are probably facing some confusing possibilities. You may have questions or uncertainties regarding DUI procedure, and you might be wondering if you did the right thing. Phoenix DUI lawyer Anthony Knowles completely understands the situation that you find yourself in, and he will put his extensive knowledge of the Arizona legal system to work for you and your drunk driving case. Rest assured that your case is in good hands with Attorney Anthony Knowles - he will work tirelessly to help ensure a positive outcome for you. Their firm handles varying types of DUI charges, such as, but not limited to, the following:
It is considered to be an Aggravated DUI charge should you be criminally charged with drunk driving while possessing either a suspended or revoked license, should you have a passenger under the age of 15 in your vehicle or if it is your third DUI within a seven year period. This type of criminal charge includes enhanced penalties, and most likely will be tried as a felony. Read more about Aggravated DUI.
Breath & Blood Tests
Often, police officers and prosecutors will turn towards the evidence gained by breath and blood tests to help build a case against you. This could be from a handheld Breathalyzer at the scene of the arrest or could be a more scientific test involving blood drawn from a certified technician and sent to a lab. Either way, there are errors that can be used to help defend you. Read more about breath & blood tests.
While it is never easy to face a DUI-related charge, this is never truer than when you are in possession of a commercial driver's license (CDL) that you rely upon day in and day out for your living. If convicted, you could have your driving privileges stripped from you which could force you to struggle past the normal difficulties of an arrest. Read more about CDL DUI.
The penalties that are associated with drunk driving are nothing to take lightly – and can result in serious and life-altering consequences. For example, monetary fines, imprisonment and mandatory involvement in DUI programs can all be placed upon your shoulders, among other penalties. It is important to keep in mind that even a first time offense could result in jail time. Read more about DUI penalties.
Ignition Interlock Device
One of the most popular penalties that is currently being imposed is that of the IID. The ignition interlock is a breath analyzing device that is installed into all of the vehicles of the offending criminal. It monitors the activity of the convicted and sends reports should they attempt to start the vehicle with a breath sample with traces of alcohol or should they be found with an unclean sample while driving. Read more about the IID.
If you have been criminally charged, it is easy to feel as if it is a hopeless cause. This, however, is not the case. The truth is that there are many different steps which can be taken to provide an effective and high-quality defense on your behalf. By getting the involvement of an experienced lawyer, you will be able to seek the defenses best suited for your individual case. Read more about DUI defenses.
Unlawful Police Stop
Police officers are bound by law to have probable cause whenever pulling someone over. Should they not have reasonable suspicion that someone is breaking the law or if they have not directly witnessed it, they cannot lawfully pull someone over. If they do, a lawyer will be able to challenge the evidence gained during the traffic stop and may be able to get it suppressed. Read more about unlawful police stops.
Challenging DUI Evidence
The evidence that is gained from DUI testing is not irrefutable. There are common errors that can be utilized by an experienced lawyer to benefit the defendant. For example, Breathalyzers that were not calibrated correctly, field sobriety tests that were not properly administered or blood tests that had a broken chain of custody can all be utilized by a knowledgeable lawyer. Read more about challenging DUI evidence.
DUI with Injury
Should someone be injured during the commission of alleged drunk driving, it will be considered by law to be a DUI with injury and will carry with it enhanced penalties. This could include up to 18 years of incarceration, three years of driver's license revocation, $5500 in fines and more. Read more about DUI with injury.
DUI & Drugs
Charges of DUI are not exclusively for those who are found to be driving under the influence of alcohol. It is equally against the law to be driving while impaired by drugs or controlled substances. This could be marijuana, cocaine, LSD or even a legally acquired prescription drug. In some cases, it is not even required that the drug have been consumed on the same day. Read more about DUI and drugs.
The state of Arizona considers it to be a criminal charge of Extreme DUI to be driving a motor vehicle with a blood alcohol concentration over 0.15 percent. The penalties that involve this type of crime include a driver's license suspension of ninety days, up to five years of probation, mandatory involvement in a drug / alcohol program and thirty consecutive days in jail. Read more about Extreme DUI.
Field Sobriety Tests
As preliminary alcohol screening, field sobriety tests are tests administered by law enforcement officers to test the level of impairment by the defendant. These are not as scientific and far more subjective and include such things as the walk and turn test, horizontal gaze nystagmus and the one left stand. Read more about field sobriety tests.
Leaving the Scene
It is a serious criminal offense to leave the scene of an accident – especially when there is suspicion that drunk driving was involved. No matter whether the accident was purely involving property damage or if injury or death occurred, if you are found to have fled the scene, you could be facing extreme penalties on top of the charges for the other aspects of the crime. Read more about leaving the scene.
For second, third or subsequent DUI charges, the penalties will be severe. For example, a second DUI can carry penalties that involve a one year revocation of a driver's license, up to five years of probation, fines of $3500, 90 consecutive days in jail and mandatory completion of a drug / alcohol treatment program. For each subsequent charge, the penalties will only be more severe. Read more about multiple DUI.
Beyond the criminal case, it's important to realize that you will also be required to schedule a hearing with the Motor Vehicle Division (MVD) within fifteen days of the actual arrest. At the MVD hearing, you will be allowed to contest the suspension of your license. If you fail to request this hearing, your license will automatically suspended. Read more about MVD hearings.
Don't work with an attorney who will not invest the necessary time and energy into getting you the outcome that you deserve. Don't work with a lawyer who is afraid of the courtroom. At the Knowles Law Firm, they will properly assess your case to determine what your best course of action is and then will do everything possible to help you follow it. Read more about plea bargains.
The laws that outline police behavior at sobriety checkpoints are severe – if they do not adhere to these guidelines, the arrests that occur at these checkpoints can be contested and even overturned. At the Knowles Law Firm, they are firmly dedicated to the rights of their clients and will tirelessly work to provide their clients with the aggressive protection of their legal rights. Read more about sobriety checkpoints.
Super Extreme DUI
It is considered to be a criminal offense to drive a motor vehicle with a BAC of 0.20 percent or higher. This is classified as a Super Extreme DUI under Arizona law and carries penalties that involve 45 to 180 days of incarceration, mandatory community service, probation for five years, $3000 in fines and more. Read more about Super Extreme DUI.
While criminal penalties are severe for adults, this is never truer than when involving a driver under the legal drinking age of 21. For these minors and young adults, the threshold for BAC is considerably lower and falls under the state's Zero Tolerance policy. Therefore, even the smallest trace of alcohol can be considered breaking the law and will carry stiff penalties. Read more about underage DUI.
Should you be criminally charged with causing the death of a person through the use of your vehicle – especially should drunk driving be involved – you will likely find yourself facing criminal charges of vehicular manslaughter. These are extremely serious charges and can be punished with jail time, fines, license suspension and court-ordered treatment. Read more about vehicular manslaughter.
DUI Defense Lawyer in Phoenix, Arizona
If you have been arrested for DUI, there are two facets to the case that you must be aware of. There is, of course, the criminal charge aspect. A regular DUI charge (as opposed to Extreme or Super Extreme DUI, etc) is normally classified as a misdemeanor. In the criminal phase of the sentencing, you will expect to learn the amount of fines you may be required to pay, the amount of possible jail time, likely community service requirements and more. Even if this is your first DUI arrest, you might be facing very severe penalties. The other side to a DUI charge deals with your driver's license. In Arizona, you must schedule an administrative hearing with the MDV within 15 days of your DUI arrest to determine the possible length of suspension or revocation of your license. If you are convicted with DUI in Phoenix, you might face:
- A sentence of no less than 10 consecutive days in jail;
- Mandatory community service;
- A minimum fine of $250 combined with other fees ($1250 total);
- Required installation of a ignition interlock device; and
- Drug or alcohol treatment program
Your life and freedom of movement is most likely very important to you. The laws involving drunk driving offenses in Phoenix, AZ and the surrounding areas can be very complex and difficult to understand without the help of an expert DUI attorney. The Knowles Law Firm is able to handle your multifaceted case with the attention and consideration necessary to help achieve an ultimate resolution. So do not hesitate another second! When you have this much on the line, you cannot afford to work with an inexperienced or apathetic attorney. You need a lawyer on your side who will be willing and able to invest the necessary time, energy and resources into your case – fighting relentlessly in the effort to provide you with high-quality and reliable legal assistance. It is for this reason that you should not hesitate to get the involvement of the firm. They know what is on the line and they will fight tooth and nail to help defend your best interests against the possibility of a DUI conviction.
Contact the Knowles Law Firm today to speak with a qualified Phoenix DUI attorney!