DUI Defense Attorneys in Phoenix

DWI Defense Lawyers in Kingman, Yuma, Prescott, Florence & Holbrook

If you or a loved one is charged with a DUI, remember that you don’t have to face the legal process alone. Cates & Reed, PLLC is committed to providing top-notch legal representation, protecting your rights, and striving for the best possible outcome in your case. Trust us to be your advocates during this challenging time.

Our firm handles the following DUI charges in Phoenix:

• Drug DUI (or DWI)
• Felony DUI
• First DUI
• Multiple DUI
• Underage DUI

Whether it's a DUI, involving driving under the influence of alcohol, or a DWI, where impairment is due to drugs, we are here to guide you through the legal process. We focus on crafting a personalized defense to reduce or eliminate your penalties, so you can move forward confidently with your life.

Reach out to Cates & Reed, PLLC today at (480) 864-3807 and take the first step toward safeguarding your future. Our commitment is to stand by your side and fight for the best possible outcome in your case.

Arizona DUI Laws

Arizona has some of the strictest DUI laws in the United States. Under Arizona law, a driver can be charged with DUI if they are impaired by alcohol, drugs, or a combination of substances.

In Arizona, it is illegal to operate a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher for most drivers. However, drivers may still be charged with DUI even if their BAC is lower if law enforcement believes alcohol or drugs impaired their ability to drive safely.

Arizona recognizes several DUI-related offenses, including:

• Standard DUI: Driving while impaired or with a BAC of 0.08% or higher.
• Extreme DUI: Driving with a BAC of 0.15% or higher.
• Super Extreme DUI: Driving with a BAC of 0.20% or higher.
• Aggravated DUI: DUI offenses involving serious circumstances, such as driving with a suspended license or committing multiple DUI offenses.

Arizona also enforces an implied consent law, meaning that drivers who refuse breath, blood, or urine testing after a DUI arrest can face automatic license suspension and other administrative penalties.

Because DUI laws are complex and the penalties can escalate quickly, it is essential to speak with a knowledgeable Phoenix DUI defense lawyer as soon as possible after an arrest.

First Time DUI

A first-time misdemeanor DUI in Arizona usually means driving with a blood alcohol level of 0.08% or higher, but it’s not just about the numbers. You can also get a DUI if you’re driving under the influence of any substance and seem even a bit impaired. If a police officer thinks you’re “impaired to the slightest degree,” they can arrest you for DUI.

Now, if you’re convicted of this standard misdemeanor DUI for the first time, here’s what you can expect: 

1. Possible Jail Time: You could spend up to 10 days in jail.
2. Community Service: You’ll likely need to do community service.
3. Fines: You might have to pay fines that can go as high as $2,500.
4. Driving Course: You’ll have to take a mandatory driving course.
5. Ignition Interlock Device: You’ll also need to use a special device in your car called a Certified Ignition Interlock Device (CIID) for at least a year. This device checks your blood alcohol level before letting you start your car.

That’s not all; there are administrative penalties too, like losing your driver’s license for up to 90 days. But here’s a tip: sometimes, if you agree to regular drug and alcohol screenings, you can reduce the license suspension to just 30 days. But you’ve got to act fast because your lawyer only has a short time to make this happen. So, if you find yourself in this situation, it’s crucial to act quickly and get legal help.

If you’re arrested for a DUI/DWI in Arizona within 7 years of a previous DUI/DWI conviction, you’ll be facing a second offense DUI in the state. Here’s what you need to know:

Second DUI

To be charged with a second DUI, two things must be true:

1. You were arrested for any type of DUI, whether it’s related to alcohol or drugs.
2. You have a prior DUI conviction on your record within the last seven years, counting from the dates of your arrests in both cases.

Now, if you do have a prior DUI conviction within seven years, it counts as your second offense, regardless of whether it was the same type or severity of DUI. If the previous DUI conviction is beyond the seven-year mark, it’s considered a first-time offense, but it can still be used to potentially increase your jail time.

Important Note: The law says that any time spent in custody for any reason doesn’t count towards the seven-year calculation. So, it’s not enough to just look at the dates of arrest.

Extreme DUI

What’s an Extreme DUI? If your BAC measures .15% or higher within two hours of driving, you could be facing an Extreme DUI charge. It doesn’t matter if it’s your first DUI; the penalties are still tough.

Here’s what you could be up against:

1. Mandatory minimum jail time. You’ll have to spend at least 30 days in jail.
2. Costly fines. Be prepared to pay over $2500 in fines and jail expenses. It could even go up to $10,000.
3. Alcohol classes. You’ll have to attend mandatory alcohol classes and undergo screening.
4. Ignition interlock device. You’ll need to install an Ignition Interlock Device on your car for a year, which costs around $1500.
5. Community service. Expect to complete community service.
6. Driver’s license suspension. Your driver’s license will be suspended for 90 days.

Now, there’s a chance you might be eligible for a 21-day suspension of your jail sentence. But here’s the catch: it’s not guaranteed. The court decides whether you get this option. If you do, you’ll still need to serve 9 days in jail.

So, an Extreme DUI in Arizona is a big deal with hefty consequences. It’s always a good idea to avoid drinking and driving to steer clear of these serious penalties.

Super Extreme DUI (BAC 0.20% or Higher)

When a driver’s BAC reaches 0.20% or higher, the offense is considered Super Extreme DUI. This carries even more severe penalties, including longer mandatory jail sentences and significantly higher fines.

• Jail: 45 consecutive days.
• Fines: Over $3,000.
• Requirements: Mandatory IID for 18 months.

Aggravated DUI (Class 4 Felony)

A DUI is elevated to a felony if:

• You are driving on a suspended, revoked, or restricted license.
• It is your third DUI within an 84-month (7-year) period.
• A child under the age of 15 was in the vehicle.
• You were driving the wrong way on a highway.

Legal Defenses Against DUI Charges

Just because you were arrested for DUI does not mean you will automatically be convicted. A skilled Phoenix DUI defense lawyer can evaluate the details of your case and develop a strong defense strategy.

Some common DUI defense strategies include:

Challenging the Traffic Stop

Police officers must have a valid legal reason to stop your vehicle. If the officer lacked reasonable suspicion to initiate the stop, the evidence collected afterward may be challenged in court.

Questioning Field Sobriety Tests

Field sobriety tests are not always reliable. Factors such as medical conditions, fatigue, uneven road surfaces, and nervousness can cause someone to perform poorly even if they are not impaired.

Challenging Breathalyzer or Blood Test Results

Chemical testing equipment must be properly maintained and administered according to strict procedures. Errors in calibration, handling, or testing can produce inaccurate results that may be challenged in court.

Violations of Your Rights

If law enforcement violated your constitutional rights during the arrest or investigation, your attorney may be able to suppress certain evidence or weaken the prosecution’s case.

Our Phoenix DUI attorney understands how to identify weaknesses in the evidence and present a strong defense on your behalf.

DUI FAQs

What should I do after a DUI arrest in Phoenix?

If you are arrested for DUI, remain calm and cooperate with law enforcement. Avoid making statements that could be used against you later. Contact a DUI defense lawyer as soon as possible to protect your rights and begin building your defense.

Will I lose my driver’s license after a DUI?

In many cases, a DUI arrest can lead to license suspension through both criminal court and administrative proceedings. However, you may have options to challenge the suspension or obtain restricted driving privileges.

Can a DUI charge be dismissed?

Yes, in some cases DUI charges may be reduced or dismissed if there are weaknesses in the evidence or violations of legal procedures. Each case is unique, which is why legal representation is so important.

Do I need a lawyer for a DUI charge?

While it is not legally required, hiring a DUI defense lawyer can significantly improve your chances of achieving a favorable outcome. An attorney can negotiate with prosecutors, challenge evidence, and guide you through the legal process.

If you or a loved one has been arrested for DUI, contact us today to speak with our Phoenix DUI defense lawyer and schedule a confidential consultation.