Reader’s Question:

I have a DUI charge in Tucson, Arizona and I’m waiting for my first court hearing. This is going to be a big lesson for me because I actually have been drinking and driving for a long time and this is the first time that I was caught. Can I win my Arizona DUI case?

Genesis

Tucson, AZ

Resoundingly, yes, you can win your DUI case in Tucson, Arizona. You can beat your DUI charge in many situations. Even you are presumed innocent, until proven guilty, by a jury of their peers, and beyond a reasonable doubt. This is true despite the best efforts of the Mothers Against Drunk Driving (MADD) and your Arizona State representatives. Any talented Arizona DUI defense lawyer would tell you the police officers make mistakes in almost every case. The trick there is to find these mistakes and use them to your advantage. There are many DUI defenses that an experienced Arizona DUI lawyer can come up with in your unique situation.

Many times a case can be dismissed or thrown out by the judge on the prosecutions motion before trial. It is your Constitutional Right to make the State prove its Arizona DUI case. Many times, with a lawyer who focuses his practice on Arizona DUI defense, the DUI case becomes very hard to prove indeed.

Tags: drunk driving laws, DUI, DUI advice, DUI lawyer

Reader’s Question:

I have a DUI conviction here in Glendale, Arizona and I was required to get SR22 auto insurance. Is this another insurance policy and how will this be different from my auto insurance?

Louie

Glendale, AZ

SR22 auto insurance is not an insurance policy. It is simply a proof of insurance required by the state of Arizona for those who have had serious motor vehicle citations. In your case, you are required to file for SR22 auto insurance because of your DUI conviction in Glendale, Arizona. SR22 is just a piece of paper stating your financial responsibility, or certified proof of insurance.

In the state of Arizona, SR22 is available to those who need it by purchasing a policy with the minimum amount of liability coverage. It is exactly the same coverage as a policy without SR22 insurance. The only difference is that when your insurance company issues the SR22, it immediately contacts the Department of Motor Vehicles (DMV) whenever you cancel your policy or remove a vehicle from that policy. Essentially, the SR22 insurance allows the DMV to keep tabs on your insurance status in order to protect other motorists from potentially harmful drivers.

Tags: drunk driving insurance, DUI, insurance, SR22 insurance

Reader’s Question:

I was tasked to find a lawyer here in Phoenix, Arizona to defend my brother on his DUI case. They say that I should get a lawyer who specializes in DUI not just a public defender. What difference does it make if I hire a regular lawyer?

Elmer

Phoenix, AZ

Tell you what, it would make a big difference. The best Phoenix, Arizona DUI lawyer is the one who is able to help your brother successfully come out of the legal trouble he is in. It is certainly not cake walk to find the right lawyer for his case, however, keeping in view the large number of law firms available in the market. There are several factors that need to be taken into careful consideration in this regard. You would want a legal representative who is highly experienced and qualified in his or her field of specialization.

It is very significant for you to understand that different types of legal cases require different types of treatment. So make sure that the legal representative you are hiring for your brother has all the qualifications needed to handle the specific legal case your brother is caught in. For example, it would be prudent to hire a legal representative who specializes in such cases rather than hiring just a legal professional who is a jack-of-all-trades. The lawyer you choose should have a thorough understanding of all the aspects associated with a DUI case which may include sobriety tests, blood alcohol limits, psychology, toxicology and much more.

Tags: drunk driving laws, DUI, DUI advice, DUI lawyer

Reader’s Question:

I have been convicted for DUI here in Arizona back in 1999. My record has been cleared since 2006. How come my DUI conviction was back to my driving history again? What would be the possible effects of this on me?

Bruce

Yuma, AZ

If your DUI record in Arizona has been cleared since 2006, as annoying as it may seem but, the new law in Arizona states that a DUI conviction will stay on your driving record for 10 years. In your case, you had your DUI in 1999 and had it removed from your record in 2006. Because of the new law, your DUI conviction would actually stay on your driving record until 2009.

The possible effect of this law would be on getting driver discount. I believe that you had since received a good driver discount when you had your record cleared in 2006. But since your DUI is now back on your driving history, you may not qualify for a good driver discount again until 2009. Another aspect that would be affected is your auto insurance. If your insurance company did not know about your DUI conviction, they might find it out sooner or later when they check your driving record. If the insurance company finds out about it, your premium rates would likely go up if they don’t drop you. But most of the major auto car insurance companies would not offer auto insurance to those who have been convicted of driving under the influence. If that happens, you would have to find another insurance company that will give you coverage.

Tags: drunk driving insurance, DUI, insurance

Reader’s Question:

Life really seems to be unfair sometimes. It was the first time ever that I had a few drinks and drove my way home. I was caught drunk driving and was charged with DUI here in Arizona. I know some people who have done that several times already but were never being caught. I guess maybe they were just lucky. Anyways, I have to know some important things about Arizona DUI laws. What are the penalties that are involved?

Christian

Tempe, AZ

Talking about being lucky, huh? It would be the opposite for you if you will be proven guilty of your DUI charge in Arizona.

If you are found to have less than .08 percent blood alcohol content (BAC) at the time of your arrest, you are considered to be “impaired to the slightest degree” and will be sentenced to 10 days in jail, with nine days suspended provided you attend and complete an alcohol education seminar. You may have to pay about a minimum $1,450 in fines, but the judge can impose as much as $2,500 and you may serve jail time for six months. These penalties apply if your BAC is between .08 percent and less than .15 percent.

If the DUI offense is more serious and are found to have .15 percent BAC, be prepared to spend more time in jail as it will be 30 days, 20 days license provided you finish alcohol screening and education and agree to install an “ignition interlock device” in your vehicle. The judge can impose higher penalties and you can serve up to six months in jail, pay much more than $2,500 in fees and surcharges and be subject to about 3 years of probation.

Arizona State does not have to prove that you have a BAC of at least .08 percent to convict you. You can be convicted if they find any trace of alcohol and prove that it impairs your ability to drive.

Reader’s Question:

I want to know the things that I should know if I will be arrested for DUI. I know some people who have been charged with DUI here in Arizona. I’m not counting out the possibility that I could be arrested for the same offense in the future because I always risk drinking and driving, though I do my best to avoid it. But just in case, what is the first step in a DUI defense?

Hilary

Mesa, AZ

With so much at stake with Arizona DUI charge, it is surprising that many drivers do not know their rights when pulled over. Some people don’t even know that they have rights at all.

If ever you will be pulled over for suspicion of DUI, you know that it can be a very intimidating and frightening situation. But knowing your rights is actually the first step in a DUI defense. Remember that you have the right to remain silent and you may refuse to answer questions. You may also refuse to take any field sobriety tests (FST). But the law would require you to a chemical test. You may be able to speak with a lawyer prior to the test depending on the situation. This may not always be the case but always request to speak to a lawyer. You should also consider getting an independent blood test. You can get the at a hospital emergency room.

Knowing your rights when pulled over by a police officer over a DUI suspicion can turn a potential nightmare into a manageable one. If you always risk drunk driving and get caught and charged with DUI, be polite with the police officer and invoke your rights as this would create a more manageable outcome.

Reader’s Question:

My husband was charged for DUI here in Arizona. We are in a fixed income just like anybody else. We would like to get a DUI lawyer who would defend my husband against his charge. How much do we have to pay an Arizona DUI lawyer if we will be hiring one?

Bette

Glendale, AZ

It is always a good idea to go with the most affordable or cheapest lawyer. What would be more important is that you find the best Arizona DUI lawyer who would represent your husband. I do understand your point that you can’t actually afford an expensive one. You may still be able to find a less expensive experienced Arizona DUI lawyer.

Usually, DUI lawyers who charge cheap are those who need to take up more and more cases to survive. On the other hand, those who charge more are those who already built a good reputation and have been defending DUI clients for quite a while.

The actual cost of hiring a DUI lawyer varies. But you can expect an Arizona DUI lawyer to charge anywhere between $3,000 and $15,000 for a first time misdemeanor. The fees increases from $15,000 to even beyond $25,000 for felony DUI cases, excluding expert witness fees and other costs.

Some DUI lawyers to charge by the hour. The common rate would be $300/hour. This kind of lawyers seeks an upfront retainer, upon which the billing is done. The client is asked to replenish it again after the exhaustion of the original retainer. There are also some DUI lawyers who adjust their payments based on the financial needs of the client.

Reader’s Question:

They say that a DUI is just a minor offense, but still a criminal charge. My sister was charged with DUI here in Scottsdale, Arizona. She insisted on not hiring a lawyer because she thinks that it will cost her too much. Does she really need to hire a lawyer or not? Please help me.

Julia

Scottsdale, AZ

There are several reasons why your sister needs a qualified Scottsdale, Arizona DUI lawyer. The main reason is that a DUI lawyer knows your legal rights with regard to the specific charge against you. He/she would be able to help prevent your sister from self-incriminating herself or any other mistakes she is likely to make.

A good DUI lawyer would know how to defend your sister in court. She needs of a good DUI lawyer because they understand how to talk to juries, judges and prosecution.

The most common argument probably against hiring a DUI lawyer is that they are expensive, just like what your sister is thinking. Well, it is actually a valid point that any good DUI attorney is going to be expensive, but that is because of the value they provide.

In your sister’s situation, DUI lawyers actually work best for first time offenders. A good DUI lawyer could ensure that the fines and/or jail time will be as minimal as possible.

But remember that DUI lawyers are not miracle workers. They have to work with the particularities of your sister’s case. In the end, she’ll be glad she hired one.

Reader’s Question:

I seriously don’t know what I have gotten into. I was stopped for DUI suspicion and registered a blood alcohol content level of above the legal limit. Now, I have a DUI case in my belt here in Arizona. What are the possible defenses that I can use to get out of the pit I’m in?

Gene

Chandler, AZ

An Arizona DUI is not an open and shut case. If you hire a good Arizona DUI lawyer, decisions can still be overturned. Remember that you are not presumed guilty when you are arrested for DUI. An expert DUI lawyer can put together a solid defense case that can protect you from your DUI charge.

An example is that if the arresting officer failed you to read you your Miranda rights that you have the right to remain silent and the right to a lawyer. In this case, the charge against you can either be dismissed or all statements made following the arrest can possibly be suppressed. It is very vital to tell your lawyer everything that the police officer did or said when you were arrested. Little details can help your lawyer build your case.

You lawyer can also prove that the officer had no reasonable cause to stop your vehicle in the first place. If your lawyer can argue that you were not in “actual physical control” of the car if you were not driving the vehicle when the officer stopped you, your case may be dismissed.

By seeking the help of an experienced lawyer who can protect you against the strictest tenets of the Arizona DUI law, you can lessen the negative impact of a DUI. But remember that serving time in jail for DUI is mandatory so don’t expect to avoid this regulation especially if you know that you were in fact driving under the influence. However, depending on the seriousness of your case, a good DUI lawyer can shorten your jail time and reduce your fines.

Reader’s Question:

I was browsing the internet to find some important facts about Arizona DUI laws because I have a friend who has been charged with DUI and I want to help him. I came across a website wherein you can see names and mug shots of Arizona DUI offenders. What seems to be the purpose of this kind of website and how do they acquire all the information?

Sylvia

Glendale, AZ

I have also seen that particular website which shows names, mug shots and blood alcohol content (BAC) levels of people who have been convicted for DUI in Maricopa County, Arizona. For some people, this will cause others not drive after drinking out of a fear of such shame. According to the creator of this website, the shame that people would feel from this website is a by-product and not the intent of the campaign.

They acquire the information through the municipal courts from the cities in Maricopa County, Arizona which forward information from DUI convictions to the Maricopa County Attorney’s Office. They described the said program as a new means of tackling DUI and encourage better behavior.

The website has also raised concerns and received criticisms. A certain group questioned if shaming will lead to a better behavior as a person who may be drunk and ready to drive, and may not be in the right frame of mind to think about right versus wrong. They say that the website will not make the roads safer.