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.

I have been charged with DUI and I wanna know if there is a chance that my DUI case can be dismissed or maybe, can I just get a plea bargain even if I don’t have a DUI attorney to represent me?

Calvin

Deer Valley, AZ

Dismissing your DUI case in Deer Valley, Arizona without a reason would be against the law. In Arizona DUI laws, a prosecutor could not dismiss DUI charges unless there are insufficient legal or factual grounds to pursue the charge. The general rule is that a prosecutor will not plea bargain a case from DUI to reckless driving or another less serious charge unless the prosecutor thinks he/she is not going to win and probably even with the fact that he/she is an incompetent prosecutor is not a good reason for predicted defeat.

Let me tell you bluntly that without a DUI attorney to represent you, a prosecutor has virtually no chance of losing to you at your DUI trial. Therefore, there is a slim chance that they will plea bargain your case down below a DUI charge. But if you have a DUI attorney who would make the prosecutor’s life a living hell by demanding every relevant shred of evidence and who would make it more costly to the prosecutor to fight for a victory than to make a rational and reasonable compromise, then you would have a real chance of being offered a favorable plea bargain for your DUI case.

My DUI case is proceeding to trial after I have pleaded not guilty. If the arresting officer doesn’t show up at trial, can I have my DUI case dismissed?

Broderick

Mesa, AZ

A large number of driver’s license suspensions that are overturned by the Department of Motor Vehicles are done so because the police officer involved in the DUI case failed to show up at the formal administrative review hearing. Moreover, a lot of DUI charges are totally dismissed or reduced into lesser offenses because the police officer failed to show up for court in the DUI case.

There are two circumstances that a police officer would be asked to appear in court in your DUI trial in Mesa, Arizona and his/her failure to appear could result in a dismissal or a reduced charge. The police officer should appear in court at the hearing on a motion to suppress the evidence against you and at the trial. Filing the motion to suppress would place the police officer in the position of having to appear in court and would place you in the position of potentially having your case DUI dismissed.

My daughter got a DUI charge here in Arivaca, Arizona and I heard that there would be a license suspension that is different than the one if she will be convicted for the DUI offense. What kinds of license suspensions could she be facing?

Amara

Arivaca, AZ

The Arizona Motor Vehicle Division (MVD) DUI license suspension is different from the DUI license suspension by a conviction. This kind of suspension is commonly referred to as the administrative license suspension. There are two types of administrative license suspensions that are common in Arizona DUI cases. These license suspensions actually have nothing to do with the DUI suspect’s ultimate innocence or guilt in the DUI case. On your daughter’s DUI arrest in Arivaca, Arizona, if she refused a blood, urine or breath test or was not able to complete a test, she may face a minimum of one year license revocation. If she took the blood alcohol test but failed it, she may face a minimum of a 90-day license suspension.

The other license suspension that she may face would be the suspension by a conviction. If she will be convicted for DUI, the court that the conviction took place will send an abstract to the MVD. Once the MVD gets a word of the DUI conviction, their policies will dictate what happens next. If it is a first DUI conviction in a five-year frame, the MVD would not take action because of the conviction if an administrative license suspension has already been issued.

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 just need to clear some things in my DUI case. I’m thinking about getting a lawyer but I need to know first, how long will a DUI case be settled and do I and my lawyer need to be present in every hearing?

Felicity

Phoenix, AZ

A new court rule in Arizona says that all DUI cases must either conclude by a plea bargain or go to trial within six months from their start date. The DUI lawyer should now have the energy and resources to litigate your DUI case in a compressed time-frame.

It is very important that your DUI lawyer is not only available but also has the resources in the form of support staff to handle his/her caseload. Phoenix Municipal Court now requires a lawyer (and usually the defendant) to be present at every hearing, which is not the case before because previously, a lawyer can get both himself and his client out of every court appearance prior to trial. This could be difficult for solo practitioners, who are often forced to hire a lawyer from outside of their firms to make appearances for their clients. It may look good that your DUI lawyer represents that he/she will handle everything in your DUI case, but in reality, the lawyer is bogged down doing paralegal stuff, making minor court appearances, managing his/her office, doing witness interviews, answering routine questions, tending to their practice, fending off vendors, etc. In this case, they may not have the time or energy to concentrate where their efforts should be, which is in working the important legal and strategic aspects of your DUI case.

Clearly, a DUI case took its toll on me. I was charged with drunk driving. I have so many questions regarding my case. First, will I be charged to speak to a lawyer about my DUI case? How is the DMV license suspension or revocation different from the suspension or revocation if I will be convicted? I also wonder, how long will it take to settle my DUI case?

Matthew

Gilbert, AZ

Most law firms offer free initial consultation so you will not be charged to speak to a lawyer about your DUI case in Gilbert, Arizona. Also, there is no obligation for obtaining a professional evaluation of your DUI case.

Regarding the length of time your DUI case is gonna be settled, it actually varies depending on many factors. This would include whether this is a first or multiple offense, whether your case is a misdemeanor or a felony, if it involves enhancements and negotiated or taken to trial. Normally, most DUI cases span a minimum of several months.

The Department of Motor Vehicles (DMV) revocation or suspension is an administrative action taken against your driving privilege only. The revocation or suspension after a conviction is a mandatory action for which fine, jail, or other criminal penalty can be imposed.