Pinetop-Lakeside DUI Lawyer

What is a DUI Offense?

Driving under the influence (“DUI”) is a common crime throughout the United States. In Arizona, however, the penalties are often more severe. They require assistance from an experienced DUI Attorney, who can navigate the legal complexities of a DUI case in Pinetop-Lakeside, Arizona.

The Arizona DUI Statute, A.R.S. § 28-1381, defines A DUI as operating a motor vehicle impaired by drugs or alcohol or with a blood alcohol content (BAC) of .08% or higher. Further, the drivers of commercial vehicles are subject to a higher standard in which any commercial vehicle driver can be convicted of driving under the influence when their BAC is .04% or higher.

The highly experienced Pinetop-Lakeside DUI lawyers at Rosenstein Law Group are ready to start working with you on your case and guide you through this complex process from start to finish. Call us now at (480) 248-7666 to discuss your case with a DUI law specialist.

Overview of the DUI Process in Pinetop-Lakeside, Arizona

When a police officer has reasonable suspicion that a driver is under the influence of alcohol or drugs, they may conduct a field sobriety test. Although not entirely accurate, if performed correctly, a field sobriety test can give the police officer probable cause to arrest the individual for a DUI.

Another method of generating probable cause for an arrest is by using a breathalyzer test. Using a breathalyzer test, the police officer can determine whether or not the driver is intoxicated. If the driver fails the field sobriety exam or the breathalyzer test, no additional evidence is required to prove intoxication.

Court Process for DUI Offenses in Arizona

The Court process for convicting DUI offenses is governed by the Arizona Rules of Criminal Procedure. Generally, when you are arrested for a DUI offense, the officer must immediately read your Miranda rights. Which are as follows:

  1. You have the right to remain silent;
  2. Anything you say can and will be used against you in a court of law;
  3. You have the right to an attorney and to have your attorney present during the interrogation;
  4. If you cannot afford a lawyer, one will be appointed to you.

Penalties for DUI in Pinetop-Lakeside, Arizona

As previously mentioned, Pinetop-Lakeside Arizona has implemented an aggressive stance to combat DUIs. This aggressive stance provides any of the following penalties:

  1. license suspension.
  2. ignition interlock device installation and a fine
  3. fines, fees, and restitution; and/or
  4. possible jail time.

Generally, driving under the influence is categorized as a class 1 misdemeanor in Pinetop-Lakeview, Arizona. The penalties are dependent on several factors. For example, if this is the Defendant’s first DUI offense or second DUI offense in a seven-year period. Also, bear in mind that Arizona will take DUIs that occurred in other jurisdictions into consideration. Thus, including any previous DUIs committed across the United States.

Different Types of DUI Offenses in Pinetop-Lakeside, Arizona.

In Pinetop-Lakeside, Arizona, there are different types of DUI offenses, some more severe than others. Anyone found to be driving with a blood alcohol concentration of 0.08 or more will be charged with DUI. However, the type of DUI you are charged with changes as your blood alcohol concentration increases. For instance, if a driver is found to have a blood-alcohol level above 0.15, they will be facing “Extreme DUI” charges.

Listed below are some of the other types of DUI offenses:

Extreme DUI Offenses

As previously stated, an Extreme DUI charge applies when a person is found operating a motor vehicle with a blood alcohol concentration above 0.15 and below a 0.20.

First-time offenders:

  1. Jail for not less than thirty (30) days, with no possibility of probation or suspension;
  2. A minimum fine of $2,500.00;
  3. Further education programs, rehabilitation, and
  4. The installation of an ignition interlock device. (discussed further below).

Super Extreme DUI Offenses

A Super Extreme DUI charge applies when a person is operating a motor vehicle with a blood alcohol concentration of 0.20 or more.

First-time offenders:

  1. Class one (1) Misdemeanor;
  2. Up to forty-five (45) days in jail, with no possibility of probation or suspension;
  3. A minimum fine of $3,500.00;
  4. Your vehicle will be impounded for thirty (30) days;
  5. Revocation of driving privileges;
  6. Mandatory SR-22 Insurance;
  7. The installation of an Ignition Interlock Device; and
  8. The completion of community service hours.

Aggravated DUI Offenses

Aggravated DUI charges apply in any of the following situations:

  1. An individual commits a third DUI offense within eighty-four (84) months;
  2. An individual commits DUI with a person under the age of fifteen (15) in the vehicle;
  3. When a prior offender refuses to submit a blood alcohol examination while driving under an ignition interlock device; and
  4. When a person commits a DUI offense while having suspended or revoked driving privileges.

Penalties under Aggravated DUI

  1. A minimum of 4 months in jail;
  2. A minimum fine of $4,500;
  3. Probation;
  4. Any other penalty required pursuant to the DUI charge;
  5. Revocation of driving privileges for one (1) year;
  6. Alcohol education program;
  7. Community service requirements; and
  8. The installation of an ignition interlock device.

It is important to note that a single DUI can cause a significant impact on your livelihood, and the consequences of such an offense far extend beyond the legal realm. For example, a DUI offender will likely be required to pass safety courses community service and have a particularized license plate that garners the attention of law enforcement. Additionally, a DUI offender will be required to purchase Pinetop-Lakeside SR22 insurance and maintain an interlock ignition system. If you are facing possible DUI charges, do yourself a favor and immediately contact a lawyer specializing in DUI defense in Pinetop-Lakeside, Arizona.

SR-22 Insurance

Most DUI convictions are associated with the burden of purchasing SR-22 auto insurance. This particular insurance aims to ensure that the insurance company understands the risk associated with insuring you as a driver. Further, this insurance can only be purchased upon request. So, you would need to contact the insurance company and enter into an insurance agreement for 12-36 months, depending on your conviction. This high-risk insurance is extremely costly. Should you fail to pay your premium, the State will be immediately notified, and your license will be revoked.

An experienced DUI Attorney serving Pinetop-Lakeside, Arizona, can guide you through the process of purchasing SR-22 insurance and provide cost-efficient recommendations, saving you money and time.

Ignition Interlock Devices

Ignition Interlock Devices (“IID”) are small handheld breathalyzers that prohibit the operation of your motor vehicle if you are impaired by alcohol. Essentially, you will be unable to start your vehicle until a breath alcohol test is taken. IID’s require regular maintenance and calibration, which can only be done through authorized sellers and manufacturers. Thus, an appointment is necessary for an IID calibration and must be done every 30, 60, or 90 days. Generally, IID’s are required for one year, and the installation fee can exceed $1,000.00, which does not include the maintenance and calibration fees. Throughout the DUI probationary period, an individual can expect to spend anywhere from $800.00-$2,000.00 on costs associated with IID’s.

Importance of a DUI Defense Attorney

A DUI conviction can affect an individual’s ability to get a job, enroll in higher educational programs, and even serve as an impediment to other licensing occupations. Clearly, DUI offenses are a serious matter and should not be underestimated. A first-time offender can suffer from lasting effects ranging from financial well–being to public perception.

Further, depending on the source of information, anyone convicted of a DUI offense can expect costs in the range of $6,000.00 – $25,000.00. These are obviously rough estimates of the financial burden associated with DUI defense; however, these figures will decrease or increase depending on the severity of the offense.

Thus, if you face possible DUI charges, do yourself a favor and hire an attorney specializing in DUI defense. An attorney specializing in DUI defense can ease the burden of the court process and can navigate the complexities of DUI defense in Pinetop-Lakeside, Arizona.

Contact the DUI law specialists at Rosenstein Law Group today for your free Pinetop-Lakeside DUI case evaluation – (480) 248-7666.


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