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Phoenix DUI Lawyer
Professional & Experienced DUI Attorney in Phoenix, Arizona – Available 24/7
As a top Phoenix criminal defense lawyer, Belén Olmedo Guerra is dedicated to defending those accused or charged with criminal offenses across Phoenix, Maricopa County, and the entire state of Arizona, including DUI charges. From first-offense misdemeanor DUI cases to Extreme DUIs and even Super Extreme DUIs in Arizona, an experienced Phoenix DUI lawyer at Belén Law Firm can help.
A DUI of any kind can be embarrassing and devastating to those charged, affecting both personal and professional lives for years or even a lifetime. This is not to mention the criminal penalties that come with such a charge. That is why you need an advocate to give you straightforward advice and aggressive DUI defense in Phoenix, AZ and the surrounding areas. This is exactly what you’ll get when you hire Belén Olmedo Guerra and her dedicated legal team. Our firm has handled hundreds of DUI cases over the years, meaning you’ll get the aggressive and skilled representation that you need to fight your charges head-on.
Rest assured, our Phoenix DUI lawyers at Belén Law Firm will use their knowledge of Arizona criminal law and DUI defense strategies to closely analyze the facts of your case and ensure that all of the applicable defenses are raised timely on your behalf. For a free consultation with an experienced attorney on our team, call (602) 715-0908 or reach out online today.
Is Arizona a Zero Tolerance State?
Yes, Arizona is considered a “zero-tolerance state” when it comes to certain criminal offenses, particularly those related to driving under the influence (DUI). This means that even a small amount of alcohol or drugs in a driver’s system can lead to criminal charges, regardless of whether the person is visibly impaired. Arizona’s strict laws are designed to reduce impaired driving and other criminal law violations, enforcing harsh penalties for even first-time offenders.
Understanding Arizona’s DUI Laws
If you or a loved one is facing consequences for a DUI, you are probably wondering: is a DUI a criminal offense? Or is it more of a traffic violation? We don’t think of the majority of traffic violations as criminal offenses. Traffic violations include things like parking infractions, speeding, or broken tail lights. These are offenses many of us may inadvertently commit multiple times over the course of our driving lives. DUIs, on the other hand, are different types of vehicular crimes and can result in much more extreme penalties than simply a ticket and court appearance.
Arizona DUI laws prohibit anyone from operating a motor vehicle while under the influence of alcohol or any type of prescription drug. DUI laws make it illegal to use a car, truck, street bike, or commercial vehicle if:
- Alcohol, illegal drugs, prescribed medications, or over-the-counter medications such as antihistamines impair the driver’s ability to operate the vehicle, OR
- The driver experiences intoxication above DUI standards. This usually involves blood alcohol content or BAC above the legal limit of 0.08%.
In Arizona, you may also hear this offense called a DWI, which means “driving while intoxicated.” Let’s talk briefly about the difference between DUI vs. DWI below.
What’s the Difference Between DUI and DWI in Arizona?
When it comes to DUIs and DWIs, there are really more similarities than differences between the two. First of all, both DUIs and DWIs are criminal offenses and both have pretty severe penalties in Arizona. In addition, both can involve alcohol and/or drugs paired with driving a vehicle, although DUIs typically involve one or the other or both, while DWIs are more particular to alcohol specifically. The biggest difference is that DUI refers to behavior, while DWI is about blood alcohol content.
In some states, DUI and DWI are interchangeable. In Arizona, they are completely separate charges. Though both are serious criminal offenses, a DWI is more serious because the state can prosecute it more easily. In a DWI charge, the state often has evidence of a specific blood alcohol content to use in court.
Here’s an example: a man with a high alcohol tolerance may do some drinking with his friends at a bar. He obeys the rules of the road perfectly on his way home, but gets into an accident that was not his fault. The officer on the scene administers a Breathalyzer. The man’s BAC is 0.09%. This man would then likely be charged with a DWI. He was not endangering anyone with his driving, so he won’t receive a driving under the influence charge. Instead, since his BAC was above the legal limit, he will be charged with a DWI.
Other Types of Arizona DUI Charges
If you’re facing DUI charges in Arizona, understanding the different types of DUI offenses is important, but it can also be overwhelming. In addition to the general DUI and DWI charges we covered above, Arizona law includes several other categories of DUI offenses, each with its own penalties and legal implications. Working with an experienced Phoenix DUI attorney who is well-versed in criminal defense law, such as those at Belén Law Firm, is crucial in navigating these complex situations.
Below is a breakdown of other criminal charges related to DUI in Arizona, including aggravated DUIs, extreme DUIs, super extreme DUIs, DUI per se, impaired to the slightest degree, underage DUIs, OUIs, and marijuana DUIs (also known as drug DUIs).
Extreme DUI Charges in Arizona
In Arizona, an Extreme DUI is a criminal charge that occurs when a driver’s blood alcohol concentration (BAC) is measured at 0.15% or higher but less than 0.20%. This offense is governed by A.R.S. § 28-1382, which outlines the legal standards and penalties associated with this charge.
According to this statute, the consequences for Extreme DUIs in Arizona are significantly harsher than those for a standard DUI. First-time offenders can face a minimum of 30 days in jail, along with hefty fines (up to $3,000), license suspension for 90 days, mandatory alcohol education classes, and the installation of an ignition interlock device (IID) for one year. An IID is a device that does not allow your car to start until you take a breathalyzer test and pass it. Repeat offenders can expect even stricter penalties, including longer jail sentences, larger fines, and extended probation.
Super Extreme DUI Charges in Arizona
A Super Extreme DUI in Arizona is charged when a driver’s BAC reaches 0.20% or higher. This serious offense is also addressed under A.R.S. § 28-1382, which imposes even more severe penalties than those for an Extreme DUI.
For a first-time Super Extreme DUI conviction, a driver faces mandatory jail time of at least 45 consecutive days, up to $3,200 in fines, a 90-day license suspension, required alcohol counseling, and the installation of an ignition interlock device for at least 18 months. Arizona’s tough stance on Super Extreme DUI charges highlights the state’s commitment to curbing high-risk, impaired driving.
Aggravated DUI Charges in Arizona
An aggravated DUI in Arizona is another term for a felony DUI. There are a few ways someone might incur an aggravated or felony DUI in Arizona. Under A.R.S. § 28-1383, a DUI charge becomes aggravated when the driver:
- Commits a DUI while their license is suspended, revoked, or canceled;
- Commits a third DUI offense within 84 months;
- Has a child under 15 is present in the vehicle;
- Commits a DUI while having an ignition interlock device installed.
The penalties for an Arizona aggravated DUI offense are much more severe than standard DUI offenses, including a mandatory minimum of four months in prison, license revocation for at least one year, significant fines and fees, alcohol education classes, and the installation of an ignition interlock device. Due to the seriousness of these felony criminal charges, an experienced Phoenix DUI attorney is extremely important for building a strong defense in these cases.
DUI Per Se Charges in Arizona
A DUI Per Se charge occurs when a driver’s blood alcohol concentration is 0.08% or higher within two hours of driving, regardless of whether they show signs of impairment. Unlike other DUI charges, which may be based on observable impairment, Arizona DUI Per Se charges are solely based on BAC levels, making it a strict liability offense. The penalties for a first-time DUI Per Se conviction include a minimum of 10 days in jail, fines, mandatory alcohol education classes, a 90-day license suspension, and the installation of an ignition interlock device. For repeat offenses, the penalties increase significantly.
Impaired to the Slightest Degree
In Arizona, you can still be charged with a DUI for being impaired to the slightest degree. This applies when a driver is found to be impaired, even if their breath or blood test is below the legal limit. Unlike DUI Per Se, this charge focuses on the driver’s level of impairment rather than their BAC, meaning that if a law enforcement officer believes a person’s ability to operate a vehicle is even slightly impaired by alcohol or drugs, they can be charged with this offense.
Penalties for a first-time conviction include a minimum of 10 days in jail, fines, mandatory alcohol education classes, a 90-day license suspension, and an ignition interlock device requirement.
Marijuana DUI Charges in Arizona
If a driver is found to be impaired by marijuana while driving, regardless of the amount in their system, they may face a Marijuana DUI charge in Arizona. Arizona law prohibits driving while under the influence of any drug, including marijuana, if it impairs the driver’s ability to operate a vehicle safely. Even with the legalization of marijuana for medical and recreational use, driving while impaired by marijuana remains illegal.
Penalties for a first-time Arizona Marijuana DUI may include up to six months in jail, $2,000 in fines, mandatory drug education classes, a 90-day license suspension, and the installation of an ignition interlock device.
Underage DUI Charges in Arizona
Underage DUI charges in Arizona are addressed by A.R.S. § 4-244(34), which makes it illegal for individuals under the age of 21 to drive with any detectable amount of alcohol in their system, regardless of their blood alcohol concentration. This zero-tolerance law means that even if a young driver’s BAC is below the legal limit of 0.08%, they can still face underage DUI charges simply for having alcohol in their system.
Penalties for an underage DUI can include up to 10 days in jail, fines, mandatory alcohol education classes, community service, and a two-year license suspension. These consequences are in addition to other potential criminal charges that may apply if the driver was involved in an accident or exhibited reckless behavior.
OUI Charges in Arizona
Sometimes, rather than DUI or DWI, you may hear the term “OUI.” This charge does not technically exist in Arizona, but it does in some states. OUI stands for “operating under the influence.” For all intents and purposes, it is the same charge as a DUI.
Arizona DUI Process
The DUI process in Arizona typically begins with a traffic stop or checkpoint where law enforcement suspects impairment. If the officer observes signs of intoxication, they may administer field sobriety tests and a breathalyzer or request a blood test. Based on the results, you may be arrested and charged with DUI. After the arrest, you’ll be taken to jail, booked, and in some cases, released with a court date or held until a bond is posted. Your vehicle may also be impounded.
Your driver’s license will be automatically suspended 15 days after the arrest, though you can request a hearing to challenge the suspension. At the initial court appearance (arraignment), you will be formally charged and may enter a plea. If you plead not guilty, the case proceeds to pretrial hearings, where evidence is reviewed, and plea deals may be offered. If no plea deal is accepted, the case moves to trial, where both sides present their case.
The DUI process in Arizona is often complex, and you will likely have a number of questions following your drunk driving arrest. This is where having an experienced DUI lawyer in Phoenix can make a positive difference in your case. Belén Olmedo Guerra and her team of knowledgeable Arizona attorneys will set aside time to answer all of your questions and to discuss your options and defenses to achieve the best possible outcome for your case.
Arizona DUI Penalties
Just like all criminal cases, the potential penalties for a DUI charge depend on many different variables. However, they mostly hinge on the driver’s BAC level as well as their number of prior convictions, if any. Below, we’ll break down the potential penalties for first, second, and third DUI convictions in Arizona.
First DUI Offense in Arizona
For a first DUI with a BAC between the legal limit of 0.08% and 0.149%, a defendant may face a misdemeanor DUI charge resulting in up to 10 days in jail, as well as fines totaling nearly $1,500. The state could suspend your license for up to 90 days. You could also end up with an ignition interlock device in your car for anywhere between 6 months to a year.
Second DUI in AZ
Arizona has some of the harshest penalties for repeat DUIs in the country. For a second DUI in Arizona with a BAC between 0.08% and 0.149%, there will be a minimum of 90 days in jail, 30 of which must be served consecutively. Fines could reach up to $3500, with mandatory alcohol education and treatment and a one-year driver’s license revocation in Arizona. Community service is also required as part of sentencing.
Third DUI in AZ
A third DUI conviction within seven years in Phoenix, AZ is a felony. Penalties carry a mandatory sentence of at least four months in prison, license revocation for one year, a two-year IID requirement, and $4,000 or more in fines and assessments, depending on the case. A conviction may also include additional probationary periods or community service, as well as mandatory alcohol counseling and education.
How To Beat a DUI in AZ
The DUI prosecutor at the Maricopa County Attorney’s Office or any other jurisdiction in the area may want you to believe that the case against you is cut and dry, but there are many defenses available to fight a DUI in Arizona. The first place to start is to get the best DUI attorney possible. As an experienced and renowned Phoenix DUI lawyer, Belén knows that you may have various defenses working in your favor and will work diligently to defend against your conviction.
Possible defenses to help beat Arizona DUI charges may include but are not limited to:
- The officer’s lack of probable cause for the initial stop
- Lack of evidence
- Mistakes in the administrative procedures relating to blood and/or breath tests
- Illegal arrest
- A person appearing not under the influence during the field sobriety tests
- Miranda rights violations
If you’ve been arrested for an alcohol or marijuana DUI in Phoenix AZ, Belén Olmedo Guerra can help you determine what DUI defense may be available for you against a criminal DUI charge. Be sure to reach out as soon as possible, as DUI defense cases are typically very time-sensitive.
Why Do I Need a DUI Defense Lawyer?
Following a DUI arrest, navigating the criminal justice system can be overwhelming, especially if you don’t practice law or have familiarity with the way things play out. That’s why a Phoenix DUI lawyer can make a critical difference in your case. A skilled lawyer who understands the intricacies of DUI law knows what it takes to build a strong defense against your charges.
Given the complexity of criminal matters like DUI, hiring an experienced trial attorney with a legal specialization or focus on DUI cases like yours can make all the difference when it comes to challenging evidence, negotiating for reduced penalties, and representing you effectively in court. With a trusted DUI defense lawyer like Belén Olmedo Guerra on your side, you increase your chances of a favorable outcome in the legal process.
Attorney Belén and her Phoenix criminal defense team work hard to resolve your case before it ever reaches a courtroom, but they still prepare every case for trial regardless, because after all, you can’t win cases if you can’t try them. No client will get a good deal if the prosecutor knows that the attorney won’t take the case to court. This, along with her talent for navigating the Arizona legal system, has led to several of Belén’s clients achieving not-guilty verdicts and hung juries. In addition, she has also achieved many dismissals in alcohol and marijuana DUI cases across Phoenix, AZ.
Trust the Phoenix, Arizona DUI Lawyers at Belén Law Firm for an Aggressive DUI Defense
Clients in Phoenix and throughout the Central Arizona area trust the Belén Law Firm with their charges due to our dedicated focus on DUI law and our comprehensive understanding of both felony and misdemeanor cases. Our Phoenix DUI attorney practice is well-regarded for handling even the most challenging cases.
Equipped with a team of some of the best DUI lawyers in the area, our Phoenix criminal defense law firm has a proven track record of successfully defending clients and helping them avoid the severe consequences of a DUI conviction. From first-time offenders to those facing more serious charges, our team is committed to offering personalized legal strategies that deliver results.
Rest assured, when we take on a case, we use our extensive experience to provide each and every client with the strongest possible representation. By choosing the Phoenix DUI attorneys at the Belén Law Firm, you gain the benefit of working with a trusted legal team known for its exceptional results and dedication to protecting your rights. The sooner we get to work, the better, so be sure to reach out for a free case evaluation as soon as possible.
Call Our Phoenix Law Office To Speak With an Experienced DUI Attorney Today
If you’re arrested in Phoenix AZ, you have the right to fight your DUI charges and the loss of your driver’s license. To do so, you need the help of an experienced, dedicated Phoenix DUI lawyer like those at the Belén Law Firm on your side to help you mitigate the effects of the charge.
There’s a reason Belén and her team are known as some of the best DUI attorneys in the area. See for yourself why by contacting our law offices today to discuss your DUI charges. You can reach us at (602) 715-0908 or by completing the online intake form found on our site to schedule your free consultation today.
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