In Arizona, drinking and driving is a serious offense. You could face fines, license suspension, jail time, and more every time you get behind the wheel after having a few beers or glasses of wine. If you’ve been accused of drinking and driving in Arizona, it is important to know your rights. Understanding the legal process can help you prove your innocence if you’ve been unjustly charged with a DUI, as well as help you reduce your sentencing if you are found guilty.

When you Need an Attorney

Do you need an Arizona DUI lawyer? In most cases, having one at your side is a good idea. When an officer pulls you over and asks you questions or wants to give you roadside tests, you are no obligated to respond, as long as you are polite. You can ask for a lawyer at this point, but in Arizona, you aren’t officially given the right to a lawyer until you’ve been charged and read the Miranda rights.

DUI attorneys can be expensive, but in many cases, this is a better choice than going to court alone or pleading guilty. Remember, there are heavy fines, as well as possible jail time that comes connected to a DUI charge in Arizona. Having an Arizona DUI lawyer can really help you win your case.

Services of DWI Attorneys

An Arizona DWI attorney will first and foremost want to hear about your case. Before a DWI lawyer takes on any client, he or she wants to know if there is a probable change that you’ll win. This is why it is important to be polite to the arresting officer if you are pulled over. If you create a scene, admit you are drunk, or otherwise inhibit your chances of winning, few Arizona DWI lawyers will want to take on your case.

If you find a DUI/DWI lawyer to take on your case, which you most likely will, your Arizona DUI lawyer will start to gather evidence about that night. He or she will work to find holes in the case. Such “holes” include things like mistakes that the arresting officer made, the fact that you have a clean driving record, evidence of problems with chemical testing, witnesses who were with you be driving, and so forth.

You Arizona DUI attorney will also go to bat for you with negotiation. In this state, many DUI cases never reach court. Instead, your lawyer will negotiate a lesser charge or reduced sentencing in exchange for pleading guilty. It is always your choice whether or not you want to take the bargain or go to trial.

Drinking and driving in Arizona, unless you also caused a fatal accident or otherwise committed a felony, is a misdemeanor, and due to its classification, you are not entitled to a trial by jury in most cases. If your case goes to trial, a judge will hear both sides’ arguments and determine the outcome. Your Arizona DUI lawyer will work to prove that the other side is wrong.

Costs of a Lawyer

Every Arizona law firm has their own schedule of payment for DUI cases. When you find a DUI/DWI lawyer, this is probably one of the first things you want to discuss. In many cases, lawyers only take a portion of their clients’ winnings. However, in a DUI case there is no winning – if you win, you don’t go to jail, have your license suspended, etc. So, a DUI lawyer will most likely charge a flat fee or an hourly fee. You can expect to pay more if your charges are higher and if you live in a city. Typically, costs range from $1000 - $5000 for a straightforward drinking and driving case to tens of thousands of dollars if you’re involved with aggressive DUI, caused a fatal accident, or have been charged with drinking and driving in the past.

Risks of not having an Attorney

No one is more qualified to argue a DUI case than someone who does it every day. Having a DUI attorney can help you win; not having one almost certainly means that you’ll lose. If you lose your case, even if it was your first offense and your BAC levels were just over the legal limit, your penalties in Arizona will include the following:

• 10 to 180 days in jail – 24 hours to 10 days of that is mandatory

• $1000 - $2000 in fines, court fees, and jail costs

• 90 days license suspension

• Alcohol counseling

• 1 year use of and ignition interlock system

• Possible community service

• Possible MADD panel attendance

• Possible probation for up to 5 years

In addition, your sentencing will be harsher if there was a child in the car when you were driving, your damaged property, you caused an injury or death, your BAC was very high (over 0.15%), you were driving with a CDL license, you were under 21, or you have been charged with DUI in the past.

Benefits of Having a Lawyer

The biggest benefit to having a DUI lawyer is that he or she will find defense routes in your case. While you aren’t experienced with DUI, there are a number of ways you can convince the court that you were unjustly charged with drinking and driving. An Arizona DUI attorney with experience will also know how to handle a case depending on where you were pulled over. This is information that only is learned through working with many clients over the course of years. For example, did you know…?

• In Phoenix and Tempe (as well as some other areas), if you are pulled over and suspected of driving drunk, you will most likely be taken to a testing van, not a station. These vans use a machine called the Intoxilyzer 8000, which have been proven in the past to be fairly inaccurate.

• If you live over 100 miles from the courthouse where your case will be tried, you may be able to “appear” in court via telephone.

• In Chandler, your jail sentence can often be greatly reduced in exchange for house arrest.

Again, even if you’ve lived in Arizona your whole life, chances are that you aren’t 100% familiar with DUI laws. When you find a DWI/DUI lawyer to work your case, you have experience on your side and can get the best advice possible.

Arizona DWI Attorney and Lawyer

Be aware that not all DWI attorneys are equally. In many parts of Arizona, sub-par DWI lawyers prey on those who are misinformed. When you hire an Arizona DUI attorney, make sure you hire the best. You can still get a great lawyer at the low end of the price scale. Look for experience, willingness to take the case to trial instead of pleading out, and friendliness – someone who helps you feel comfortable is the best choice. If you were unjustly accused of a DUI in Arizona, you do have choices, and even if you were drinking and driving, an Arizona DUI lawyer can help you reduce your sentencing.