When facing a DUI charge in Tucson, AZ, hiring a knowledgeable lawyer can greatly influence the outcome of your case. These charges carry serious repercussions, including fines and prison time in some cases. Contact Katsarelis Law Criminal Defense Attorneys at (520) 510-0439 to schedule a free consultation with a Tucson DUI lawyer.
A criminal defense lawyer not only understands the criminal justice system but also possesses insights into local court systems and law enforcement practices. Our skilled attorneys will work diligently to evaluate the specifics of your situation, exploring all available options for your defense. If you are facing DUI charges in Tucson, Arizona, we’re ready to listen to your story and explain your rights.
How Katsarelis Law Criminal Defense Attorneys Can Help If You’re Arrested for DUI
At Katsarelis Law, our experienced criminal defense attorneys are dedicated to supporting you through a DUI arrest in Tucson, AZ. Here’s how we can assist you:
- Experience: Our Tucson DUI attorneys have extensive knowledge of DUI laws in Arizona and are well-versed in local court procedures. We will explain the charges to you and give you an idea of what penalties you could be facing.
- Evaluation: We will thoroughly evaluate your situation, gather evidence to build your case, review evidence the prosecution has against you, and determine the best course of action for your defense.
- Defenses: Based on our evaluation, we will explore all available defense options for your case. This may include challenging the accuracy of blood alcohol content (BAC) test results or proving procedural errors by law enforcement during your arrest.
- Negotiation: Our team has experience negotiating with prosecutors to potentially reduce your charges or penalties. We will work tirelessly to achieve a plea deal in your case.
- Trial: If necessary, we are prepared to take your case to trial and fight aggressively for your rights and freedom in court.
Facing DUI charges in Tucson, Arizona, can be an overwhelming experience, but it is crucial to understand that you have options. Contact Katsarelis Law Criminal Defense Lawyers to schedule a free consultation with a Tucson DUI lawyer.
Overview of DUI in Arizona
According to Arizona’s DUI laws, it is illegal to have physical control or drive under the influence of drugs or alcohol. This includes prescription medications and illegal drugs that impair a driver’s ability to operate a vehicle safely.
If your blood alcohol concentration (BAC) is greater than 0.08%, you can face a DUI charge even if you don’t feel or act impaired. For drivers operating commercial vehicles, the limit is reduced to 0.04%.
What is Physical Control of a Vehicle?
In Arizona, the concept of “physical control” of a vehicle extends beyond actively driving it. Even if you are not driving–and even if you aren’t behind the wheel–if you exhibit actions that demonstrate you are in command of the vehicle, you can still be confronted with DUI charges.
For instance, with simple tasks such as switching on the headlights, adjusting the windows, or inserting the keys into the ignition signal, you are maintaining physical control. It’s important to be aware that these actions, even when stationary or parked, can lead to legal repercussions under Arizona’s DUI laws.
Arizona’s “Not A Drop” Law
Arizona’s “Not A Drop” law, often referred to informally as a baby DUI, underscores the state’s commitment to preventing underage drinking and driving. If you are under 21 and found driving with any trace of alcohol in your system, you can be charged with a DUI. This means that even a small amount of alcohol consumed, such as a few sips of beer or wine, can lead to serious legal consequences for young drivers.
Extreme DUI
Extreme DUI is a specific designation within Arizona’s DUI laws, characterized by a particularly high BAC. If a driver’s BAC registers at 0.15% or higher, they can be charged with this type of DUI, which carries more severe penalties than a standard DUI charge.
Aggravated DUI
An aggravated DUI in Arizona is classified as a more severe offense than a standard DUI, carrying significantly harsher penalties. This designation can apply in several circumstances, such as when a driver has a prior DUI conviction within the last 84 months, operates a vehicle while their license is suspended or revoked due to a DUI-related offense, or if a minor is present in the vehicle at the time of the offense.
Understanding Arizona’s DUI laws is essential for all drivers, as violations can have serious consequences on your future.
What Are the Penalties For DUI in Tucson, Arizona?
The penalties associated with DUI offenses in Arizona vary significantly based on the nature of the violation, the driver’s history, and the presence of aggravating factors.
Penalties for First-Offense DUI in Arizona
A first-offense DUI in Arizona is classified as a Class 1 misdemeanor, and it carries a range of significant penalties. Offenders can expect to serve a minimum of 10 consecutive days in jail and a fine of up to $1,250. Individuals are also required to go through alcohol screening, education, or treatment programs.
The installation of a certified ignition interlock device is mandatory for any vehicle operated by the offender, and community service is required as well.
Extreme DUI Penalties
When a driver’s blood alcohol content reaches 0.15% or higher, they face enhanced charges. For first offenses, these charges carry at least 30 consecutive days in jail without the possibility of probation or a suspended sentence. The financial implications also escalate, with fines amounting to no less than $2,500, alongside mandatory alcohol screening, education, or treatment.
As with standard DUI charges, the installation of a certified ignition interlock device is required, and community service is also a component of the sentence.
Aggravated DUI Penalties
The consequences of an aggravated DUI conviction are severe, with offenders facing potential imprisonment of up to two years. Similar to other DUI charges, individuals must undergo mandatory alcohol screening and education programs and install a certified ignition interlock device. Community service is also a required element of the sentence.
Administrative Penalties
Beyond the criminal penalties associated with a DUI conviction, there are also administrative repercussions. For instance, any individual arrested for a first-time DUI will automatically face a 90-day suspension of their driver’s license, which occurs regardless of the outcome of any subsequent legal proceedings. However, it is possible to contest this administrative suspension through a separate legal process.
Understanding the varying DUI penalties underscores the gravity of these offenses and the importance of working with a criminal defense lawyer as soon as possible after being arrested.
What Defenses Can Be Raised If I’m Arrested For DUI?
When faced with a DUI charge, it’s important to explore the possible defenses that may apply to your case. Various strategies can be used depending on the specifics of the arrest and the circumstances surrounding it. Common DUI defenses include:
Lack of Cause to Stop Vehicle
Another common defense is to challenge the legality of the traffic stop itself. If the police officer did not have cause to stop your vehicle – such as erratic driving or a traffic violation–any evidence gathered during the stop may be deemed inadmissible in court.
Breathalyzer Accuracy
Breath-testing devices are not infallible; they can produce inaccurate results if not calibrated properly. If you can demonstrate that the breathalyzer was malfunctioning or that the testing procedures were not followed, this can help your case.
Medical Conditions
Certain medical conditions or medications can produce symptoms that mimic intoxication. If you have a medical issue that could interfere with standard sobriety tests or breath tests, this can be important in establishing reasonable doubt.
Lack of Evidence
In some cases, the prosecution may simply lack sufficient evidence to prove beyond a reasonable doubt that you were under the influence or that you were driving/in control of the vehicle. If the evidence against you is weak or circumstantial, this could work in your favor.
The best way to determine which defense should be used in your case is to reach out to a criminal defense lawyer as soon as possible.
If you find yourself facing DUI charges in Tucson, taking quick action is important. Working with a lawyer who understands DUI law is essential for a strong defense, giving you the best chance at protecting your future and your freedom.
With deep knowledge and experience in handling such matters, our law firm will guide you through each step of the process, ensuring your rights are protected while seeking the best possible outcome for you. Contact Katsarelis Law Criminal Defense Attorneys to schedule a free consultation with a Tucson DUI lawyer.
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