2 days ago I was charge with DWI and Im wondering what the penalty for that in Arizona. Will I lose my license? How much is the increase with my car insurance?

Franz

Chandler, Arizona AZ

Any driver in Arizona that has a Blood Alcohol Content (BAC) of 0.08% while driving or is in actual control of a vehicle can be convicted of a DWI or Driving While Intoxicated if caught. This level of BAC has shown to significantly impair a driver’s ability to effectively drive, making it more likely for a drunk driving accident to occur. Anyone convicted of a DWI can expect costly fines and jail time. One would also need to carry a DWI insurance coverage one he/she is allowed to drive again.

The state of Arizona has the following punishments for a DWI offender: $450 fine + $500 DWI Assessment, up to 10 days in prison, and 30 – 360 day license suspension for the 1st offense. $900 fine + $1,250 DWI Assessment, 90 days incarceration, and one year license suspension plus the need to install (at the offender’s expense) of an Interlock Ignition Device after the 2nd offense.

3rd time offenders are fined $1,350 + $250 DWI assessment and an additional $1500 Aggravated DWI assessment, 4 months incarceration, and three years license suspension. All vehicles owned by the driver must have the Interlock Ignition Device.

Getting the right kind of DWI insurance policy is important not only because it is a state requirement, but also because it can save you hundreds of dollars a year on your auto insurance coverage. The Web is a great resource for anyone looking to get the most affordable DWI insurance coverage today.

With the many dedicated online DWI specialists and auto insurance portals, these days it only takes a few minutes to access and compare the latest DWI insurance rates, coming from a variety of specialized auto insurance companies and providers, for the most affordable insurance policy in the market. These portals save you time and effort, while helping you get your life back on the road as quickly as possible.

How much car insurance do I need if I decide to just get liability coverage here in Arizona? I was told that I can get the cheapest car insurance if I go with just the minimum coverage.

Sandy

Glendale, AZ

It is really hard to understand the ins and outs of car insurance and a lot of people find it to be so confusing. As part of car insurence, liability coverage would be for bodily injury and property damage. This type of insurance coverage would pay for the damages and injuries you caused to other people in an accident up to the limits of your car insurence policy. It is required for you to get at least the minimum required liability coverage in Arizona which is said to be the cheapest car insurence.

Liability coverage would pay for the medical expenses of an injured individual and for property damage that may have incurred in an accident you cause. In the event that your car insurence policy provides coverage in case you get sued by the other party, your insurance would pay for an attorney for your defense.

To get the cheapest car insurence in the state of Arizona, you can go with the minimum requirement for liability coverage which is 15/30/10. This means $15,000 for bodily injury for a single individual, $30,000 for bodily injury for all the individuals involved and $10,000 for property damage.

I was arrested for DUI and I was told that I need to get an attorney, but can I represent myself? What can a lawyer actually do for me if I go and hire one?

Joaquin

Tucson, AZ

Anyone can actually represent himself/herself in court, but the State of Arizona’s DUI law is very complicated and the punishments are quite severe. Also, the DUI statutes do take up a lot of pages of the Arizona Code. Additionally, the statue that makes it illegal to murder someone is conversely only one sentence long. That’s how serious your DUI charge is, so it would be very risky to represent yourself. You need an aggressive DUI attorney to combat all the challenges of your DUI case.

The DUI attorney would research your DUI case so that you could win at your trial. Alternatively, if your DUI case could not be won, he could fight to at least have minimum punishments. The DUI attorney could also negotiate to at least have a reduced charge. He/she would also make sure that everything will go through courts and the Department of Motor Vehicles (DMV) smoothly. If you have a DUI attorney on your side, you definitely have a fighting chance to battle your DUI case.

When I was arrested for DUI in Arizona, I really got curious when the officer did a so-called nystagmus test. I heard that nystagmus can be caused by other factors. What are these factors that may be able to help me in my defense?

Rae

Catalina Foothills, AZ

As police officers and certain studies claim, the horizontal gaze nystagmus (HGN) helps police officers correctly determine motorists who are under the influence of alcohol. The HGN is based on a theory that that alcohol affects the automatic tracking mechanisms of the eyes and nystagmus is defined as “an involuntary rapid movement of the eyeball, which may be horizontal, vertical, rotatory, or mixed.” Alcohol would slow down the eyes’ ability to rapidly track objects and causes to eyes to jerk or oscillate before they normally would in a sober person.

Nystagmus could be caused by many other factors such as problems in an individual’s inner ear labyrinth. As a matter of fact, irrigating the ears with warm water or cold water would be a source of error. There are also other physiological problems such as certain kinds of diseases that could result in gaze nystagmus. Streptococcus, influenza, vertigo, infections, syphilis, measles, muscular dystrophy, arteriosclerosis, Korsakoff’s Syndrome, multiple sclerosis, epilepsy, brain hemorrhage and other psychogenic disorders all have been shown to cause nystagmus. All of these and other conditions may result in gaze nystagmus that you could be able to use as a defense in your DUI case in Catalina Foothills, Arizona.

What are the process that I would have to undergo after being arrested for DUI in Arizona? What is the process involved and could I be able to request for a trial by jury?

Arthur

Casas Adobes, AZ

After being arrested and charged for DUI in Casas Adobes, Arizona, under the DUI laws, it would inevitably followed by a long drawn out process of legal involvement. The first step after being charged with DUI would be the Preliminary Hearing at the district justice level. At this point, it would allow the judge to decide if there is sufficient evidence against you. The next step would be your arraignment that would help you to know what you are being charged with and at this stage, you would also be advised of your rights to make sure that you understand your charges. You would also be required at this point to enter a plea of guilty or not guilty. If this is your first DUI offense, you could get away with fines, community service and alcohol awareness programs.

If you are deemed ineligible for the aforementioned programs or if you believe that you are not guilty, you could be able to request for a trial by jury. In this case, you have to make sure that you have a good DUI lawyer to help you because there is much legality that you could be completely unaware of. At the end of your DUI case, the jury would find you innocent or guilty for DUI and would have to prepare yourself for sentencing.

Hi, I just moved here in Gilbert, Arizona and I got interested in DUI when a neighbor was wrongfully arrested for it. Question is, what does the fourth amendment has to do with any DUI case?

Billy

Gilbert, AZ

The Fourth Amendment to the United States Constitution means a lot for a driver on the Arizona roadways especially in relation to traffic offenses, most specifically, DUI investigation/suspicion. In any DUI stop, a police officer who pulled over the vehicle should to justify why the vehicle was stopped. That explanation should include the evidence that a traffic violation was actually committed. If not, this could absolutely result in the suppression of evidence that is taken illegally.

The DUI defense attorney could definitely file a motion to suppress if the police officer could not demonstrate that a traffic infraction was thereby committed because this would be a violation of the Fourth Amendment rights. If the judge agrees, then it means that the DUI case would be dismissed because any evidence that was obtained from illegal stop is inadmissible. Note that most of the DUI case dismissals are results of this approach. In your neighbor’s DUI case, hiring a good DUI lawyer there in Arizona could definitely challenge the DUI stop to find out if it was a lawful stop and no violation of the defendant’s right was actually committed.

After being arrested for DUI, I’m thinking of hiring a DUI lawyer. How would the lawyer keep me informed about my case and can the lawyer tell what the final outcome would be?

Ronin

Flagstaff, AZ

You would actually do the best thing that you could do after being arrested for DUI in Flagstaff, Arizona; and that is to hire a DUI lawyer. Well, of course the lawyer would have to keep you informed about your DUI case. You should be comfortable with the lawyer’s commitment to communicate with you. You must know if you would really be kept informed on the developments in your DUI case.

Regarding the final outcome of your DUI case, a good DUI lawyer would not promise you a specific result because it would be impossible to be certain how a DUI case will turn out. If your lawyer would answer that, it would be a dishonest and unethical answer. A good DUI lawyer could only promise to do his/her best job in defending you. When you are looking for a DUI lawyer, tell him/her what you think is relevant and you should always be honest. Something that you think is a minor detail could make all the difference in your DUI case. Except in very rare cases, when you talk to a DUI lawyer face to face, even before the DUI lawyer decides to take your DUI case, you already enjoy lawyer-client privilege. That means that nothing you say can ever be used against you. If you doubt that your communication with the DUI lawyer is “privileged,” you must simply ask.

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. 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.

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 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.

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.