In any state, DUI is a serious matter, often involving severe repercussions for those found to be driving under the influence. This is especially true in Arizona, which has some of the strictest DUI laws in the country, and they can hit you hard if you’re convicted. Dealing with an issue this serious requires clear knowledge of the legal process and an ability to maneuver through the complexities of these types of cases.
In all actuality, what this really means is that you need the services of a skilled and seasoned attorney. On that note; Lerner & Rowe Law Group handles DUI law. With their help, we put together this informative article about the DUI process for Arizona drivers:
Understanding DUI Laws in Arizona
As in every other state, it is illegal to drive in Arizona while impaired by alcohol or drugs. If you are pulled over and police have probable cause to believe you are driving while under the influence, they will ask you to take a test.
The DUI Arrest Process
Usually, a traffic stop initiates a DUI arrest. This often happens when a driver is stopped for erratic driving, speeding, or some other driving violation that. Sometimes a stop happens because a driver has already been involved in an incident (like hitting a pole or tree).
The presumption of impairment can be probable reason for going ahead with a sobriety check. Upon arrival at the station, the driver may have to take more tests. Arizona law demands that anyone arrested for DUI must stay in custody for at least eight hours before going free.
Once released, a driver gets a document that states what they’re charged with and when they have to appear in court.
Administrative License Suspension
In Arizona, one of the immediate consequences of an arrest for driving under the influence is the suspension of the driver’s license. If a driver arrested for DUI doesn’t pass the breathalyzer, then ADOT’s Motor Vehicle Division automatically issues a 90-day suspension.
If a driver flatly refuses to take the test, they may face a one-year suspension under implied consent. Both suspensions are in effect while the case works its way through the court.
Suspension Challenge Rights
Drivers can request a hearing to challenge the suspension within 30 days of the arrest. If no hearing is requested, the suspension goes into effect automatically. In some cases, individuals may qualify for a restricted permit allowing them limited driving privileges.
Criminal Court Proceedings
Arizona’s criminal justice system handles DUI cases in a certain way. First there is an arraignment, and then the defendant enters a plea that determines the next steps. If the defendant pleads guilty or no contest, they may be sentenced right away. If they plead not guilty, they may go deeper into the legal process with pretrial motions and negotiations.
Defenses Against DUI Charges
People who have been charged with a DUI in the state of Arizona may be able to get the charges dropped or reduced through various legal defenses. Lerner & Rowe Law Group handles DUI law, and their expert tells us that these defenses include:
- Questioning the validity of the initial traffic stop
- Questioning the reliability of Breathalyzer, field sobriety, and blood tests
- Arguing that the person charged was not actually under the influence of drugs or alcohol at the time they were driving
- Arguing the constitutional rights of the individual were violated or proper procedures were not followed
Navigating the DUI Legal Process
After being arrested for DUI in Arizona, individuals must do the following to navigate through the legal system as smoothly as possible:
- Pursue Counsel: It is essential to consult with a well-versed DUI attorney to construct a potent defense and to understand the available legal avenues. Without this counsel, defendants with be at the mercy of the court, which can be quite limited in these cases.
- Get Ready for Court: If you don’t show up, there can be serious consequences. You could end up with more fines, a warrant for your arrest, or even additional jail time.
- Consider Plea Deals: In certain instances, lawyers might bargain for lesser charges or different forms of punishment.
- Follow Court Orders: Doing everything required of you, like finishing alcohol education, installing a monitor in your vehicle (if required), and paying all necessary fines, can lessen the likelihood of having additional or harsher legal problems.
If You’re Facing this Legal Issue, Lerner & Rowe Law Group Handles DUI Law
An Arizona DUI arrest can have major legal, financial, and personal fallout. To fully grasp the situation, it’s vital to understand the legal processes and to know your rights. The more you understand, the better your chances of making your outcome better.
However, to maximize any legal avenues you may have, you will almost certainly need the services of an experienced DUI lawyer.
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