A DUI conviction in Phoenix can drastically alter your life, affecting everything from your career to your personal freedom. Arizona has some of the toughest DUI laws in the country, and even a first-time offense can result in severe penalties. If you’ve been charged with a DUI, it’s crucial to act quickly and consult with an experienced DUI attorney who can help protect your rights and your future.

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Understanding DUI Charges in Arizona

Driving Under the Influence (DUI) in Arizona is not just about alcohol—it includes impairment from drugs (prescription, over-the-counter, or illegal substances) as well. Arizona's DUI laws are strict, and the state aggressively prosecutes DUI offenses. Here’s what you need to know:

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• Regular DUI: If you are impaired to the slightest degree by alcohol, drugs, vapors, or a combination thereof or your Blood Alcohol Concentration (BAC) is 0.08% or higher (0.04% for commercial drivers), you can be charged with a DUI.

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• Extreme DUI: A BAC of 0.15% or higher qualifies as an Extreme DUI.

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• Super Extreme DUI: A BAC of 0.20% or higher results in a Super Extreme DUI charge.

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• Aggravated DUI: This is a more serious charge that applies if you’re caught driving under the influence with a child under 15 in the vehicle, driving on a suspended license, driving the wrong way on a highway, driving while impaired without an ignition interlock device if you have an active interlock requirement, or if it’s your third DUI offense within 7 years.

When facing DUI charges, having an experienced DUI lawyer on your side is essential. Here’s why:

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• Knowledge of Arizona DUI Laws: Arizona’s DUI laws are complex and continually evolving. A skilled DUI attorney stays updated on these changes and knows how to navigate the legal system effectively.

• Defense Strategies: A knowledgeable attorney will evaluate the circumstances of your arrest, including the validity of the traffic stop, the accuracy of breathalyzer or blood test results, and any violations of your rights. They’ll use this information to build a strong defense aimed at reducing or dismissing your charges.
• Protection of Your Rights: From the moment you’re arrested, you have certain rights that must be upheld. Your attorney will ensure that law enforcement and prosecutors respect these rights throughout the legal process.

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Protecting Your Driver’s License During the DUI Process

A DUI charge doesn’t just threaten your freedom—it can also put your driver’s license at serious risk. Losing your license can disrupt your ability to work, care for your family, and maintain your independence. At Nava Law Firm, we understand the importance of keeping your driving privileges intact, and we’re dedicated to helping you protect your license from the very start of your case.

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Steps to Potentially Save Your License After a DUI Arrest

When you’re arrested for a DUI in Arizona, your license is automatically at risk. However, with prompt legal action, it may be possible to prevent or minimize a suspension. Here’s how our firm can help you safeguard your license:

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• Immediate Action on Your Behalf: Timing is crucial in DUI cases. After your arrest, you typically have only 30 days to request a hearing with the Arizona Department of Transportation (ADOT) to contest the suspension of your driver’s license. Our attorneys will act quickly to file this request, giving you a fighting chance to retain your driving privileges during the legal process.

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• Representation at the MVD Hearing: The Motor Vehicle Division (MVD) hearing is separate from your criminal DUI case, but it’s a critical opportunity to challenge the suspension of your license. Our experienced DUI attorneys will represent you at this hearing, presenting evidence and arguments to contest the suspension and keep your license valid while your case proceeds.

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• Challenging the Basis for Suspension: We will meticulously review the circumstances of your arrest, including the legality of the traffic stop and the accuracy of any breathalyzer or blood tests administered. If there were procedural errors or violations of your rights, we’ll use this to challenge the suspension and work to prevent the loss of your license.

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• Negotiating Alternatives to Suspension: In some cases, it may be possible to negotiate alternatives to a full license suspension, such as the installation of an ignition interlock device (IID) or restricted driving privileges that allow you to continue commuting to work or school. We’ll explore all available options to minimize the impact on your life.

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• ‍Ongoing Defense During the Criminal Case: While we work to protect your license at the administrative level, we’ll also focus on defending you in the criminal case. Successfully reducing or dismissing the DUI charges can have a direct impact on the status of your driver’s license, further protecting your ability to drive.

The penalties for a DUI conviction in Arizona vary depending on the severity of the charge and whether it’s your first offense. Here’s a breakdown of the potential consequences:

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Misdemeanor DUI: For a first-time offense, you could face:

• 10 days in jail (with possible reductions based on participation in alcohol education programs)
• A 90-day driver’s license suspension
• An ignition interlock device installed on your vehicle for 12 months
• Alcohol screening, education, and treatment programs
• Fines and assessments totaling over $1,500

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Extreme DUI: Penalties for a first offense include:

• 30 days in jail
• A 90-day driver’s license suspension
• An ignition interlock device for 12 months
• Alcohol screening and classes
• Fines and assessments exceeding $2,700

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Super Extreme DUI: For a first offense, you could face:

• 45 days in jail
• A 90-day driver’s license suspension
• An ignition interlock device for 18 months
• Alcohol screening and treatment programs
• Fines and assessments over $3,200

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Aggravated DUI: This serious charge carries penalties including:

• A minimum of 4 months in prison
• A 3-year driver’s license suspension
• An ignition interlock device for 3 years
• Mandatory alcohol screening and treatment
• Fines and assessments exceeding $2,000

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The Collateral Consequences of a DUI Conviction

Beyond the legal penalties, a DUI conviction can have far-reaching consequences on your personal and professional life. These may include:

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• Employment Impact: Many employers conduct background checks, and a DUI conviction can limit your job opportunities, especially in fields that require driving or security clearances.

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• Insurance Rates: A DUI conviction typically leads to significantly higher auto insurance premiums, or even the loss of coverage altogether.

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• Professional Licenses: If you hold a professional license (e.g., for law, medicine, or education), a DUI conviction could result in disciplinary action, including suspension or revocation of your license.

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• Reputation and Relationships: A DUI can damage your reputation and strain personal relationships, particularly if the charge involves an accident or injury.

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DUI Defense Strategies: How We Fight for You

At Nava Law Firm, we employ a variety of defense strategies to fight DUI charges and protect your future. Some of the approaches we might take include:

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• Challenging the Traffic Stop: Was the stop that led to your arrest legal? We’ll investigate whether the police had a valid reason to pull you over in the first place.

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• Questioning the Evidence: Breathalyzer and blood test results are not infallible. We’ll examine the testing procedures and equipment calibration to ensure the evidence against you is accurate and reliable.

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• Investigating Police Conduct: Any violation of your rights, such as improper questioning or failure to inform you of your rights, can be grounds for challenging the charges.

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• Exploring Plea Options: In some cases, negotiating a plea deal may be in your best interest. We’ll work to reduce your charges to a lesser offense, which may result in reduced penalties.

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What To Do Immediately After a DUI Arrest

If you’re arrested for a DUI, your actions in the hours and days following can significantly impact your case. Here’s what you should do:

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1. Remain Silent: Do not answer any questions from law enforcement without your attorney present. Anything you say can be used against you.

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2. Request Legal Representation: Contact a DUI attorney immediately. The sooner you have legal representation, the better your chances of achieving a favorable outcome.

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3. Document the Incident: Write down everything you remember about the traffic stop, the arrest, and any interactions with the police. This information can be crucial for your defense.

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4. Attend All Court Dates: Missing a court date can result in additional charges and complications. Your attorney will guide you through the legal process, ensuring you’re prepared for each step.