DUI Defense: Frequently Asked Questions
A policeman just stopped me for DUI. What should I do?
If you get pulled over for DUI in Phoenix, there are a number of things you can do to positively affect the outcome of your DUI charge.
- Inform the officer that you wish to exercise your right to remain silent, and ask to speak to a lawyer right away.
- Do not try to explain the situation to the officer, any statements you make could be taken out of context and used against you.
- Do not answer any questions or volunteer any information. You have the right to remain silent, so use it!
- Do not consent to any type of search.
- Do not submit to any sobriety test, including balance and eye tests.
- Do not submit to any breath, blood, or urine tests, until you have requested to speak with an attorney.
- Request to be released for an independent blood test.
If I plan on pleading guilty to my DUI charge do I still need a lawyer?
Yes. Even if you receive a guilty conviction, a lawyer can help improve the outcome and sentencing of your DUI conviction. An experienced Phoenix DUI attorney will help defend your rights and can work to have your sentence reduced or dropped based upon the evidence against you. Do not try to navigate the criminal system on your own, a lawyer can help make sure you receive the best results possible for your case.
What does BAC mean?
BAC stands for Blood Alcohol Concentration, and depending upon what this number is, you may or may not be charged with DUI. In Arizona the legal BAC limit is .08% for people over the age of 21.
If I am convicted of DUI in Arizona will I lose my license?
If a blood alcohol concentration level was above the legal limit of .08, a person’s license will most likely be suspended, although the amount of time will vary based upon the BAC level. The suspension occurs through the Motor Vehicle Division, not the court system. It is very important that you hire a Phoenix DUI attorney who can help ensure your right to drive.
If I refuse to take a blood or breath test, what penalties will I face?
Arizona law requires that a person submit to a chemical test in the event of a DUI charge. If a person refuses to take the test, their Phoenix driver’s license will be automatically suspended for a minimum of one year. If your license has been suspended for refusing a chemical sobriety test, it is extremely important that you contact an attorney for help. Unless a hearing is requested within 15 days, you will lose the right to challenge the suspension.
What kind of penalties will I face if I receive a DUI conviction?
Depending upon the severity of your Phoenix DUI charge, and the number of DUI convictions on your record, you will be sentenced to mandatory jail or prison and will receive large fine amounts, driver’s license suspension or revocation, potential community service, drug/alcohol counseling, and an ignition interlock device could be placed on your vehicle.
The questions that come along with a DUI charge are numerous, and you need to contact an experienced Phoenix DUI Defense Attorney who can answer your questions and address your concerns. DUI is a serious offense and can result in harsh consequences that may affect you for years to come.
Will my penalty be increased if I have already been convicted?
If you have one or more DUI convictions on your record in a certain number of years, your penalty could be increased. Multiple DUIs are taken very seriously by law enforcement agencies in Arizona. You could be facing increased fines, more jail time and other enhanced penalties if you are convicted. If you already have one DUI in your record and you have been charged with or arrested with driving under the influence, you need to speak with an attorney who can help you protect your rights.
If you or someone you know has been charged with DUI in Arizona, contact Phoenix DUI Attorney Joshua S. Davidson today!