Tucson DUI Lawyer Defends Your Rights and Protects Your Future
Powerful advocate in Arizona prosecutions for driving under the influence of alcohol or drugs
When it comes to DUI laws, Arizona is a zero-tolerance state. Conviction lead to fines, jail time and driver’s license suspensions, even for a first offense. That makes it critical to retain an experienced, proven attorney to defend you. At The Law Offices of Richard Bock, in Tucson, our founding attorney has nearly 40 years of Arizona criminal court experience with thousands of cases handled successfully. We will evaluate the charges you’re facing and pursue the strongest defenses available.
Experienced attorney explains Arizona DUI offenses
In Arizona, drunken or drug-impaired driving is known as “driving under the influence” (DUI) rather than “driving while intoxicated” (DWI). Arizona Statutes § 28-1381 makes it a crime to drive or be in actual physical control of a vehicle while:
- being under the influence of alcohol, drugs and/or any vapor released toxic substance if impaired to the slightest degree.
- having a blood alcohol content (BAC) of 0.08 or higher.
- having a BAC of 0.04 percent or higher if driving a vehicle that requires a person to obtain a commercial drivers’ license
- having present in the body any amount of a dangerous drug as defined in Arizona Statutes § 13-3401
“Impaired to the slightest degree” means you can be charged even if your blood alcohol concentration (BAC) is under 0.08. In fact, the officer does not have to perform a breath test or blood test on you at all if the officer suspects DUI based on your driving, speech or other indications.
Be aware that if you are behind the wheel, the vehicle is deemed under your actual physical control even if it isn’t moving.
Types Understanding degrees of DUI in Arizona
DUIs falls into one of three degrees of guilt based upon the driver’s BAC levels. Each has its own penalty levels:
- Standard DUI — For BAC of at least 0.08 percent or impairment to the slightest degree due to drug or alcohol consumption, the penalties are up to 10 days in jail and a fine of $1,500.
- Extreme DUI — For BAC of 0.15 to 0.199, a conviction carries 30 days in jail and a fine of $2,780.
- Super extreme DUI — For BAC of 0.20 or above, a conviction carries 45 days in jail and a fine of 3,240.
The foregoing penalties are for first offenses. Jail time and fines increase substantially for subsequent convictions. Even for a first offense, you will be subject to a 90-day driver’s license suspension and mandatory installation of an ignition interlock device (IID) on your vehicle for one year.
Skilled attorney lodges viable defenses against DUI charges
With so much to lose on account of a DUI, it’s vital to have a staunch criminal law advocate by your side. At The Law Offices of Richard Bock, we know how to challenge the state’s case due to insufficient or inadmissible evidence. For example:
- If there are no witnesses or dash cam footage, the prosecution may not be able to prove you were driving the vehicle.
- The police may not have had a reasonable suspicion that a crime occurred or was occurring when the stopped you, violating your constitutional rights.
- Field sobriety tests may not have been conducted appropriately or the Breathalyzer may have been malfunctioning.
We will tailor a defense to the particular circumstances of your case. In addition, we explore all possible negotiated resolutions to avoid the harshest penalties..
Frequently asked questions about DUI in Arizona
If you’ve been charged with DUI, you no doubt have questions about the seriousness of your case and the options available. Here are answers to some of the most common questions that arise:
- Is DUI/DWI a felony or misdemeanor offense? — Most DUI offenses are misdemeanors. However, an aggravated DUI — one that occurs while your license is suspended, you have a minor under the age of 15 in the vehicle or you have a record of two DUI convictions within the previous seven years — is a felony punishable by four months to 3.75 years in prison and revocation of driving privileges for at least three years.
- What if I refuse to give a blood, breath or urine sample? — By operating a motor vehicle in Arizona, you give implied consent to a test of BAC level. Refusal of testing results in loss of driving privileges for at least one year.
- How long is the process from the time I am charged to the resolution of the case? — The answer depends on whether you plead guilty at the arraignment, later agree to a plea bargain or take the case to trial. Sometimes these cases are resolved in months, and other times they can take more than a year for more serious cases.
Arrange a free consultation with an Arizona drunk driving defense lawyer
If you have been charged in Arizona with driving under the influence or with a drug-related crime, The Law Offices of Richard Bock in Tucson will answer your call 24 hours a day, seven days a week. Call 520-792-4941 or contact us online. Se habla español.