Scottsdale DUI Attorney

Have you been charged with DUI in Scottsdale? If so, you are not alone. The many vehicular deaths and serious injuries that impaired drivers cause each year has spurred a nationwide campaign to keep them off the road. That means a crackdown that has drawn many drivers into the net of law enforcement, with dire results.

Arizona has severe penalties for driving under the influence of alcohol or drugs, that is why it is important to have the proper legal representation from an experienced Scottsdale DUI lawyer. A conviction can disrupt your life and finances and limit your future in a myriad of ways. You can lose your license, be subjected to fines, spend time in jail, be required to use your time and money to pay for and attend DUI classes, and be required to install an ignition interlock system on your car, at your own expense. You may even lose your job, especially those that require a clean driving record. Having a criminal record of any kind, including for DUI, can affect your reputation and limit employment prospects for years to come.

Scottsdale’s Implied Consent Law

It is firm law in Arizona that when you apply for a license to drive, you also agree to be tested for alcohol or drug use should you be stopped on suspicion of DUI. This “implied consent” allows the state to suspend your license for refusing to be tested. Legally, you may refuse, but if your work and lifestyle require driving, you should submit and leave it to your suspended license attorney in Phoenix to defend against the charge.

What DUI Means in Scottsdale

Scottsdale’s DUI laws are extensive. Drivers should understand that, while you can be convicted based on solely on blood alcohol levels that exceed .08 percent, you can be charged and convicted of DUI even if you have lower levels, if you are, in fact, “impaired” by whatever level of alcohol or drug you have in your system, and are driving or physically in control of a motor vehicle. In these cases, the state has to prove that you were impaired, which is considerably more complicated and subjective that showing that you had a certain level of alcohol or drugs in your system.

The more common DUI offenses are based on the level of intoxicant in your blood. In Arizona, there are three different DUI offenses depending on what the blood level is:

Basic or standard DUI involves a blood alcohol level of at least .08 for drivers with regular licenses, or .04 for drivers with commercial licenses
Extreme DUI for blood levels of 15 or over
“Super extreme” DUI for blood levels of .2 and over.

If you are under 21, you can be charged with DUI if you have any level of alcohol in your blood. Drivers of any age can be charged with DUI if there is any level of an illegal drug–as defined in detail by Arizona statutes–in their blood.

Aggravated DUI

“Aggravated DUI” is a separate charge for drivers who, at the time of the DUI:

Were driving with a revoked, canceled or suspended license
Had two prior DUIs I the preceding 7 years
Had a person under 15 in the vehicle
Were required to employ an ignition interlock device

DUI Penalties in Arizona

DUI penalties vary considerably depending on:

The specific charge (basic DUI, extreme DUI, super extreme DUI, aggravated DUI)
The number of prior convictions

For example, the penalty for a first offense of basic DUI is incarceration for at least 10 days and a fine of at least $ (not including some fees, surcharges, fees for counseling program(s), motor vehicle, and interlock requirement). For a 1^st time aggravated DUI, you may be sentenced to prison, for a range of 4 months to 15 years, depending on the facts and prior criminal history. .

Penalties For First Offense

Possibility of community service
Put on probation for up to five years
Driver’s license revoked for 90-360 days
Minimum of 24 hours up to ten days.
Base fine of $250
Installation of IID (Ignition Interlock Device) for up to 12 months after license reinstatement
*CDL holders: possible loss of license

Requirements that you undergo some form of screening and education, have your license suspended or revoked, and install an “ignition interlock” device also known as an “IID” are standard.

Penalties for a Second Offense

90 days minimum in jail (court may reduce the sentence to 60 days depending on drug/alcohol evaluation and completion of mandatory treatment program)
Fines & Fees of $3000 minimum
Put on probation for up to five years
Installation of IID (Ignition Interlock Device) for up to 12 months after license reinstatement
30 hours minimum of community service
*CDL holders: possible permanent loss of license
License suspended for one year, no temporary license

Defenses to DUI

An experienced criminal defense attorney can defend a DUI case in many ways. Typical defenses include:

Challenging the validity of the initial stop of your vehicle
Showing that the state has failed to establish that you were driving or actually in control of the vehicle
Show that you were not, in fact, impaired by drugs or alcohol, but were simply exhausted suffering mental or psychological symptoms of a disorder
Challenging the reliability or accuracy of the blood level testing

Get Legal Help in Phoenix for DUI Charges

Too many people assume that being charged with DUI is a guarantee that you will be convicted. Not true! With the stakes as high as they are, it makes good sense to fight the charges. The services of an attorney thoroughly familiar with the many different types of DUI offenses offers you the best chance to avoid conviction altogether and, when that’s not possible, to have your case brought under the lowest level of offense that the circumstances allow.

Corso Law Group in Scottsdale, AZ., handles only criminal law cases and has extensive experience with all types of DUI charges. Call today, and let our former prosecutors begin your defense.

Corso’s Tips To Succeed!

So many times, cases are won and lost at the outset of the event. When you are first stopped. This is where you can make or break your case. Much of what you do and say, will affect the success in your case. That is why Mr. Corso has provided you with some do’s and don’ts when you are stopped, and investigated for DUI.

Control Your Vehicle.

Keep control of your vehicle. You will be nervous the second you see the police lights. Stay calm and drive calm. Provide license, registration, and proof of insurance.

DO NOT SPEAK TO POLICE.

Tell the police that you wish not to speak and want to speak to an attorney. At that point, the questions should stop.

Do not agree to any tests at the scene.

Once stopped, and while you remain at that location, DO NOT agree to tests and questions. Some tests will include;

Field Sobriety Tests
Walk and Turn
Finger to nose
Walk the line
Leg Lifts
HGN Test (Horizontal Gaze and Nystagmus) Pen, or light across the eyes.
Portable Breathalyzer

And More…

Agree to the Breath or Blood Test at the Station or Arrest Location

The only test or thing you should agree to do is the breath or blood test at the police station or the location the police brought you. The reason for this is if you refuse to submit to tests, your driver’s license will be suspended for one year. The police will then call in a warrant to an on-call judge, who will issue the warrant over the phone to take your blood. By force if necessary.

Note: Make sure you are at the location the escorting officer took you for the test. Not at the original scene.

There are many items that you should be made aware of. Corso Law Group has handled thousands of DUI cases and has achieved success. Please contact us to speak with an experienced Scottsdale DUI lawyer for more information about your driving under the influence case.