Top Rated Anthem DUI Defense Lawyer
DUI laws in Arizona can be complicated and there are many nuances to defending a DUI case. These critical nuances in a DUI case begin from the very start of the investigation. Every step of the way must be looked at critically, from the time that you are pulled over by police, to the time you field tested on the roadside, to the blood or breath testing, to the time of release.
Each of these phases of a DUI investigation hold an abundance of room for error, and law enforcement officers often do not preform DUI investigations like they are trained to—or even as they are required to by law. Having a DUI criminal defense attorney that has the training and experience to thoroughly investigate the investigation done by law enforcement is critical in fighting for the best outcome for you and your case.
What To Expect If Charged With A DUI In Arizona
It can be overwhelming facing DUI charges in Arizona. Many people find it helpful to hire a DUI criminal defense attorney if they are charged with DUI given the complexity of the subject matter and the court systems.
There are two cases that you will need to track and fight if you are charged with a DUI in Arizona. One case will be a criminal case that you need to fight in the court of jurisdiction that you were arrested for DUI in. The other case is an administrative case handled by the Arizona Department of Transportation. These cases are separate from one another in all regards. The criminal case will deal with the criminal charges and the administrative case will deal strictly with whether or not you have your driver’s license suspended. It is important to consult with a DUI criminal defense attorney right away after being arrested for a DUI because there are sensitive time limitations that can expire and hurt your case.
Attorney Steven Scharboneau is experienced in handling both of these cases and can represent you in both matters. If you have more questions about specific details regarding the process of each of these types of cases, please call or text attorney Steven Scharboneau at (480) 363-0090 anytime.
Do I Need An Attorney For My DUI?
Often times I am asked the question, do I need to hire an attorney for my DUI? The answer is yes. The most common reason folks think that they may not need an attorney for an Arizona DUI charge is because they think that the fact that they were charged with a certain crime means that they will be convicted of that crime. This is absolutely far from a certainty!
Many folks think that because the government has what they call a “scientific” result proving their BAC is a certain level, that they have no hope at a defense. This couldn’t be further from the truth. Among constitutional violations that may occur during any police investigation, there are legal mandates on ways that evidence used to prove a person’s BAC must be collected and tested. The government often takes shortcuts and falls short of these legal mandates. I am well trained to find these shortcomings and bring them to the court’s attention.
DUI cases are far from simple, “open and shut” cases. There are many nuances to be investigated in any given DUI case. When I take on a DUI case, I do a complete investigation of the investigation. This often leads to discrepancies and problems with the government’s case.
Should I Take My Case To Trial?
Every case is unique and must be thoroughly investigated before decisions are made on the end strategy. There are many factors to be considered in making big decisions such as whether or not you should take your DUI case to trial. It is important to understand that, in Arizona, a misdemeanor DUI is what’s know as a “jury eligible offence.” Not all offenses permit a trial by a jury of your peers.
Misdemeanor DUI jury trials usually take about two days in length (but can last longer) and involve professional witnesses, civilian witnesses and expert witnesses. The government must prove to the jury that you are guilty of every single element of any given accused crime beyond a reasonable doubt. This is a very high burden for the government to meet—as it should be when accusing a person of a crime. While the constitution does not require that you present a defense at trial, it is often helpful to present your own expert witnesses and evidence at trial.
Attorney Steven Scharboneau is an experienced trial attorney and has a firm grasp of the ins and outs of a jury trial. While some attorneys shy away from jury trials, Steven takes them head on. Understanding if your case is right for trial is one that should be discussed with a trial attorney. Call or text attorney Steven Scharboneau at (480) 363-0090 24/7 to discuss your case and if it is right for trial.
Time Matters When It Comes To A DUI Conviction In Arizona
Below, you will find two sets of penalties for each category of DUI charges in Arizona. The first set of penalties will be for a first offense DUI charge in Arizona. The second set of penalties will be for a second offense DUI charge. If a person is convicted with a second DUI within seven years of one another, the penalties are significantly aggravated. Yes, out of state DUI convictions can count as a first offense for purposes of determining whether a DUI offense is a first or second offense DUI in Arizona. However, not all states’ DUI laws are the same and in many cases, Attorney Steven Scharboneau has been able to successfully argue that an out of state prior conviction should not count as a prior DUI conviction in Arizona.
What Are The Penalties If You Are Convicted Of A DUI In Arizona?
All DUIs in Arizona, with the exception of Aggravated DUIs in Arizona are class one misdemeanors. Read more about the maximum penalties for a class one misdemeanor in Arizona HERE. A good way to think about the penalties for a DUI in Arizona is to understand that there are four primary categories of DUI which will depend on the level of your blood alcohol content (BAC):
- Driving while impaired to the slightest degree
- Driving with drugs or a metabolite of drugs in your blood stream
- Driving with a BAC at above a .08
- Driving with a BAC at or above a .15
- Driving with a BAC at or above a .20
Impaired To The Slightest Degree / Driving with a BAC At Or Above A .08 (Regular DUI)
We will discuss these two Arizona DUI charges together, because the penalties for these categories of DUIs are the same. However, the elements to an impaired to the slightest degree DUI in Arizona is different than a driving with a BAC at or above a .08. Driving while impaired to the slightest degree is exactly what it sounds like.
These charges are sometimes referred to as “regular” DUIs. Driving or being in actual physical control of a vehicle while being impaired to the slightest degree by drugs or alcohol. This charge does not require a blood alcohol reading to prosecute. This is often why Arizona’s DUI laws are falsely referred to as “zero tolerance” laws. While Arizona’s DUI laws are close to zero tolerance laws, they are not.
For example, it is not against the law, by and in of itself, against the law in Arizona to drive a vehicle after consuming alcohol. The government must prove that the alcohol impaired you to at least the slightest degree. Driving with a BAC at or above a .08 charges are also sometimes referred to as “regular” DUI charges.
As mentioned before, the reason driving with a BAC at or above a .08 charges share the same reference as impaired to the slightest degree charges, is because they share the same range of penalties. Driving with a BAC at or above a .08 in Arizona is charged when law enforcement officers collect evidence that shows that an individual’s BAC is at or above a .08 within two hours of driving or being in actual physical control of a vehicle. This evidence is collected after an arrest occurs and is usually collected at a DUI van or a police station. The evidence that is usually collected is in the form of either blood evidence or breath evidence.
One thing to remember is that the breath evidence that is collected on the roadside is NOT the evidence that can be used against you.
Penalties for an impaired to the slightest degree charge / driving with a BAC at or above a .08 include (but are not limited to):
- 10 days jail
- Fines, fees, and assessments in excess of $1,500
- 12-month interlock requirement· Substance abuse counseling
- 90 day driver’s license suspension and points assessed to driving record
For a second offense within seven years, penalties for an impaired to the slightest degree charge / driving with a BAC at or above a .08 include (but are not limited to):
- 90 days jail
- Fines, fees, and assessments in excess of $3,000
- 12-month interlock requirement
- Substance abuse counseling
- 1 year license revocation
Driving With Drugs Or A Metabolite Of Drugs In Your Blood Stream (Drug DUI)
Being charged with a drug DUI in Arizona is just a scary as being charged with an alcohol related DUI in Arizona. However, there are many nuances to drug DUI law in Arizona that are often overlooked by law enforcement, prosecutors, and other defense attorneys. For example, drug DUIs can only be successfully prosecuted if the drug or metabolite found in your blood stream is on a legal list of drugs and, even then, oftentimes only under certain circumstances.
Penalties for an Arizona drug DUI include (but are not limited to):
- 10 days jail
- Fines, fees, and assessments in excess of $1,500
- Substance abuse counseling
- 90 day driver’s license suspension and points assessed to driving record
For a second offense within seven years, penalties for an Arizona drug DUI include (but are not limited to):
- 90 days jail
- Fines, fees and assessments in excess of $3,000
- Substance abuse counseling
- 1 year license revocation
Driving With A BAC At Or Above A .15 (Extreme DUI)
Driving with a BAC at or above a .15 charges are often referred to as “extreme” DUI charges. These charges come with increased penalties given the elevate BAC reading. Extreme DUI charges in Arizona are charged when law enforcement officers collect evidence that shows that an individual’s BAC is at or above a .15 within two hours of driving or being in actual physical control of a vehicle. This evidence is collected after an arrest occurs and is usually collected at a DUI van or a police station.
The evidence that is usually collected is in the form of either blood evidence or breath evidence. One thing to remember is that the breath evidence that is collected on the roadside is NOT the evidence that can be used against you.
Penalties for an Arizona drug DUI include (but are not limited to):
- 30 days jail
- Fines, fees, and assessments in excess of $2,500
- 12 month interlock requirement
- Substance abuse counseling
- 90 day driver’s license suspension and points assessed to driving record
For a second offense within seven years, penalties for an Arizona drug DUI include (but are not limited to):
- 120 days jail
- Fines, fees and assessments in excess of $3,250
- 12 month interlock requirement
- Substance abuse counseling
- 1 year license revocation
- Community service
Driving With A BAC At Or Above A .20 (Super Extreme DUI)
Driving with a BAC at or above .20 charges are often referred to as “super extreme” DUI charges. These charges come with even further increased penalties given the elevate BAC reading. No matter what your BAC reading is above a .20, the charges will not be increased based solely on the BAC level. This is the top of the ladder as far as BAC levels are concerned.
Super extreme DUI charges in Arizona are charged when law enforcement officers collect evidence that shows that an individual’s BAC is at or above a .20 within two hours of driving or being in actual physical control of a vehicle. This evidence is collected after an arrest occurs and is usually collected at a DUI van or a police station.
The evidence that is usually collected is in the form of either blood evidence or breath evidence. One thing to remember is that the breath evidence that is collected on the roadside is NOT the evidence that can be used against you.
Penalties for an Arizona drug DUI include (but are not limited to):
- 45 days jail
- Fines, fees, and assessments in excess of $3,000
- 18 month interlock requirement
- Substance abuse counseling
- 90 day driver’s license suspension and points assessed to driving record
For a second offense within seven years, penalties for an Arizona drug DUI include (but are not limited to):
- 180 days jail
- Fines, fees and assessments in excess of $3,750
- 12 month interlock requirement
- Substance abuse counseling
- 1 year license revocation
- Community service
