Best DUI Attorneys in Phoenix, AZ
Compare Top DUI Attorneys
| Lawyer Name | AZ Bar Association Status | Year Admitted to AZ Bar | Law School Attended | Learn More |
|---|---|---|---|---|
| Michael Alarid, III | Active | 2009 | Arizona State University Sandra Day O’Connor College of Law | |
| Jocquese L. Blackwell | Active | 2006 | Arizona State University Sandra Day O’Connor College of Law | |
| Adam Feldman | Active | 2004 | University of Miami School of Law | |
| Jaime Garcia | Active | 2007 | Arizona State University Sandra Day O’Connor College of Law | |
| Omer Gurion | Active | 2011 | Arizona State University Sandra Day O’Connor College of Law | |
| Daniel Hutto | Active | 2013 | Arizona State University Sandra Day O’Connor College of Law | |
| James Palestini | Active | 2012 | Arizona Summit Law School | |
| David V. Telles | Active | 2005 | The University of Arizona James E. Rogers College of Law | |
| Daniel R. Wilson | Active | 2013 | California Western School of Law | |
| William Wynn | Active | 2013 | Arizona State University Sandra Day O’Connor College of Law |
DUI Laws in Arizona
The DUI laws in Arizona are stringent compared to some other states, so residents and visitors need to be fully informed before getting on the road. Here’s a summary of some important state laws and regulations:
Legal Blood Alcohol Concentration (BAC) in Arizona
The legal BAC threshold in Arizona stands at 0.08%, while for commercial drivers, it is set at 0.04%. However, even if your BAC is below 0.08%, you could still be charged with DUI if your ability to operate a car is impaired to the slightest degree by alcohol, drugs or both. Moreover, Arizona has a “zero tolerance” policy for drivers under 21, who can be charged with a DUI with any BAC level above 0%.
How DUI Charges Relate to BAC
BAC is a critical factor in determining the severity of your DUI charge in Arizona, meaning the more alcohol you have in your blood, the harsher your charge and penalties will be. Here’s a brief breakdown of how BAC is related to DUI charges in the state:
- Standard DUI. The standard DUI charge in Arizona applies with a BAC of 0.08% or higher or when a driver appears impaired to the slightest degree by alcohol or drugs.
- Extreme DUI: “Extreme DUI” charges apply when a person’s BAC is 0.15% or higher.
- Super Extreme DUI: In Arizona, “super extreme DUI” applies when your BAC is 0.20% or higher, with convictions carrying harsh penalties.
- Aggravated DUI: Aggravated DUI is a felony and the most severe type of DUI charge in Arizona. It involves factors additional to the driver’s alcohol intoxication and BAC level, such as driving on a suspended license or having previous DUI convictions.
Implied Consent Laws in Arizona
According to Arizona laws, drivers give their implied consent to breathalyzer, blood, urine or other tests when obtaining a driver’s license and operating a vehicle in the state. Refusing to consent to alcohol level tests in Arizona can result in an automatic license suspension and other consequences.
In addition, if law enforcement believes there is probable cause of impaired driving due to alcohol or drugs and you refuse DUI tests, an officer could arrest you. Refusing BAC testing is also admissible as evidence against you at trial. As implied consent situations can be tricky to navigate, consulting an experienced DUI lawyer in Phoenix can be critical to protect your rights.
DUI Penalties in Arizona
In Arizona, drivers with a BAC of 0.08% and over face severe consequences, such as steep fines, license suspension and jail time. Here are some of the penalties resulting from various DUI charges in the state:
Standard DUI First Offense
Standard DUI charges apply when your BAC is between 0.08% and 0.14%. For a first offense, you face a jail sentence of at least 10 days and a minimum fine of $1,250. Other penalties include:
- Alcohol screening, education or treatment
- Certified ignition interlock devices on your vehicles
- Community service
Standard DUI Second and Subsequent Offenses
For second and subsequent standard DUI charges, individuals could be jailed for at least 90 days and fined a minimum of $3,000 in addition to:
- License suspension for at least 12 months
- Alcohol screening, education or treatment
- Certified ignition interlock devices on your vehicles
- Community service
Extreme DUI First Offense
An Extreme DUI charge applies if you have a BAC of 0.15 or higher. For a first offense, you face a jail sentence of at least 30 days without being eligible for probation or a suspended sentence. You will also be subjected to a minimum fine of $2,500. Additional penalties include:
- License suspension for at least 90 days
- Alcohol screening, education or treatment
- Certified ignition interlock devices on your vehicles
- Community service
Extreme DUI Second and Subsequent Offenses
Penalties for second and subsequent Extreme DUI offenses include jail for a minimum of 120 days, a fine of at least $3,250 and the following:
- License suspension for 12 months
- Alcohol screening, education or treatment
- Certified ignition interlock devices on your vehicles
- Community service
Super Extreme DUI First Offense
A Super Extreme DUI Offense applies to those with a BAC of 0.20% or higher. The penalties for a first offense of Super Extreme DUI include 45 days in jail, up to five years of probation, a minimum fine of $3,250 and:
- License suspension for 90 days
- Alcohol screening, education or treatment
- Certified ignition interlock devices on your vehicles
Super Extreme DUI Second and Subsequent Offenses
A second or further charge of Super Extreme DUI can result in six months in jail and a minimum fine of $4,250 in addition to:
- License suspension of one year
- Alcohol screening, education or treatment
- Certified ignition interlock devices on your vehicles
Aggravated DUI
Aggravated DUI is a felony charge that applies to those who drive under the influence while committing another offense, such as driving intoxicated with a suspended license or with someone under age 15 in the car. Penalties for a first aggravated DUI charge include a maximum two-year jail sentence and:
- License suspension of one year
- Alcohol screening, education or treatment
- Certified ignition interlock devices on your vehicles
- Community service
In addition to these severe penalties, a DUI conviction can significantly derail your personal and professional life. You could face job loss, increased insurance rates and a permanent criminal record. Working with an experienced DUI attorney in Phoenix can help you navigate the aftermath of a DUI conviction and explore defense strategies to reduce potential penalties.
What to Expect After a DUI Arrest in Arizona
Getting arrested for a DUI in Arizona can be worrying as harsh penalties exist. An officer will likely pull you over and observe anything pointing to intoxication, such as slurred speech or smelling alcohol. The officer might then ask you to take a field sobriety test, which involves physical tasks like walking along a straight line. They may also ask you to take a breath or blood test.
If arrested for DUI, you will likely be booked into the local jail. You may be released on bail on the condition to appear in court at a later date when you’ll be informed of the charges against you. While arrested and in jail, be careful not to say anything that could be used against you in court. If possible, contact an attorney as soon as possible for legal guidance.
How Can an Attorney Help You?
Facing a DUI charge in Arizona can upturn your life, leading to license suspension, fines and even jail time. It can also leave you with a permanent criminal record. A skilled DUI defense attorney can lessen the effects of a DUI charge on your life by fighting to protect your rights and aim for the best possible outcome of your case. An attorney can help you in the following ways:
- Defense strategy. Phoenix DUI lawyers know Arizona’s laws and can mount an effective defense strategy. For example, they could assert that your rights were violated during the arrest or challenge the validity of breathalyzer and blood test results.
- Negotiation. A determined attorney can negotiate hard with the prosecution and may achieve a favorable outcome, such as reduced charges, minimized penalties or even a case dismissal.
- Trial representation. If your case goes to trial, a DUI lawyer can build a strong defense strategy, present evidence to help your case and aggressively fight for your best interests.
- Reassurance. Getting arrested and charged with a DUI can be one of the most stressful times in your life. An attorney can level the playing field and provide you with peace of mind.
How to Choose the Best DUI Lawyer in Phoenix, Arizona
Finding an excellent lawyer can be essential for protecting your rights and future when facing a DUI charge. Here’s what to consider when looking for the best DUI attorney in Phoenix:
- Experience and specialization. Select an attorney specializing in DUI cases with a proven track record and an excellent understanding of Arizona’s DUI laws.
- Client satisfaction. Read client testimonials online to gauge the lawyer’s reputation and level of client satisfaction. Ensure your potential attorney has mostly positive reviews.
- Communication skills. You need a DUI lawyer who is responsive to your questions and requests for communication. They should also be able to explain complex legal matters clearly and understandably.
- Negotiation and trial experience. Inquire about the attorney’s experience and success rate at trial. Ask whether they have negotiated favorable outcomes for other DUI cases, such as reduced charges or dismissals.
Methodology
To come up with the best DUI lawyers in Phoenix in 2024, Forbes Advisor considered many factors. Forbes Advisor’s mathematical analysis considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:
- Legal experience
- Special licenses & certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education & employment background
- Scholarly lectures & writings
- Awards & Honors
Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds, but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
Frequently Asked Questions (FAQs)
What are the penalties for a DUI conviction in Arizona?
Arizona is tough on DUI drivers. If charged, you could face high penalties. Depending on the severity of your offense, any previous convictions and your Blood Alcohol Concentration (BAC), penalties can include:
• Fines
• Mandatory alcohol education classes
• Probation
• License suspension
• Jail time
Even first-time DUI offenders are looking at a mandatory fine of over $1,250, alcohol counseling and license suspension. Second offenses and extreme or aggravated DUIs carry much higher penalties.
Can I still drive with a restricted license after a DUI conviction?
If you were convicted of a DUI, obtaining a restricted license allows you to drive under specific conditions, such as traveling to:
• Work
• Medical appointments
• School
• Meetings with a probation officer
• Alcohol education classes
However, the conditions for obtaining a restricted license can vary depending on your circumstances and court orders. You may be banned from driving for the first 30 days of license suspension and required to install an ignition interlock device on your car. You may also need to follow a mandatory alcohol treatment program to qualify for a restricted license.
How can a DUI lawyer in Phoenix affect the outcome of my case?
A competent criminal defense lawyer can make all the difference if you are charged with a DUI offense in Arizona. By leveraging their extensive knowledge of DUI laws and mounting an effective defense strategy, your DUI lawyer can negotiate for more lenient penalties, such as getting your charges reduced, securing an acquittal or getting your case dismissed altogether.
A skilled lawyer can help to achieve the best possible outcome and reduce the potentially damaging consequences of a DUI conviction on your life.
