Top Rated Glendale DUI Defense Lawyer
Defending a DUI case in Arizona can be complex, with numerous nuances to consider. These crucial elements come into play right from the beginning of the investigation. Each step of the process must be carefully scrutinized, from the moment you are pulled over by the police, to the roadside field sobriety tests, to the blood or breath testing, all the way through to your release.
Throughout these phases of a DUI investigation, there is ample opportunity for error, as law enforcement officers often fail to conduct thorough and proper investigations, contrary to their training and legal requirements. It is imperative to have a DUI criminal defense attorney who possesses the necessary training and experience to meticulously examine the investigation carried out by law enforcement. This is vital in advocating for the best possible outcome for you and your case.
What To Expect If Charged With A DUI In Glendale, Arizona
Facing DUI charges in Arizona can be an overwhelming experience. Most individuals find it beneficial to enlist the services of a DUI criminal defense attorney, given the intricate nature of the subject matter and the complexities of the court systems.
If you find yourself charged with a DUI in Arizona, there are two separate cases that you will need to address. The first is the criminal case, which must be fought in the court of jurisdiction where the DUI arrest occurred. If you DUI occurred in Glendale, the address for the Glendale City Court is 5850 West Glendale Avenue Glendale, AZ 85301
The second case falls under the jurisdiction of the Arizona Department of Transportation, primarily as an administrative matter. It is crucial to emphasize that these cases are entirely separate from one another in every aspect. The criminal case deals with the criminal charges at hand, whereas the administrative case solely revolves around the possibility of your driver’s license being suspended.
Seeking immediate consultation with a DUI criminal defense attorney after a DUI arrest is crucial. There are time limitations that may expire and adversely impact your case. Attorney Steven Scharboneau possesses extensive experience in handling both types of cases and can provide representation in both matters. Should you have any further inquiries regarding the process of these cases, please feel free to call or text attorney Steven Scharboneau at (480) 363-0090 at your convenience.
Do I Need An Attorney For My DUI?
Why you Need an Attorney for You Glendale DUI
Many people mistakenly believe that if they are charged with an Arizona DUI, it automatically guarantees a conviction. However, this couldn’t be further from the truth.
Many individuals believe that if the government presents a “scientific” result proving their blood alcohol concentration (BAC) is at a certain level, there is no hope for a defense. However, this assumption couldn’t be further from the truth. During any police investigation, there may be constitutional violations, as well as legal requirements for the collection and testing of evidence to establish a person’s BAC. Unfortunately, the government often takes shortcuts and fails to meet these legal requirements. My extensive training allows me to identify these deficiencies and bring them to the attention of the court.
DUI cases are far from simple, open-and-shut matters. Each DUI case requires a thorough investigation of the investigation itself. This meticulous approach often reveals inconsistencies and issues with the government’s case.
Should I Take My DUI Case To Trial?
Before making decisions on the final strategy, it is crucial to thoroughly investigate each unique case. Numerous factors come into play when making significant choices, such as whether to take your DUI case to trial. It’s important to note that in Arizona, a misdemeanor DUI is considered a “jury eligible offense,” which means not all offenses permit a trial by a jury of your peers.for trial.
Misdemeanor DUI jury trials typically last around two days, although they can be longer. These trials involve professional witnesses, civilian witnesses, and expert witnesses. The government must prove, beyond a reasonable doubt, that you are guilty of every single element of the accused crime. It is a high burden for the government to meet, as it should be when accusing someone of a crime. While the constitution doesn’t mandate presenting a defense at trial, it can be beneficial to present your own expert witnesses and evidence.
Attorney Steven Scharboneau is an experienced trial attorney who possesses a deep understanding of the intricacies of jury trials. While some attorneys may shy away from jury trials, Steven tackles them head-on. Determining whether your case is suitable for trial is a discussion best had with a trial attorney. Feel free to call or text attorney Steven Scharboneau at (480) 363-0090 24/7 to discuss your case and determine the right course of action.
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
