I’m having a difficulty coping after being charged with DUI fine.  How would I deal with this?

Freddie

Mesa, AZ

It would take just one bad judgment to be charged with DUI, but that decision could completely change your life. A drunk driving charge is not easy to deal with on any level, but there’s support out there if you know where to look. First is that you can talk with friends and family members because they could help you emotionally and financially. You have to complete any court-ordered programs such as DUI school, community service and alcohol counseling to avoid further punishment by finishing these programs as instructed.

You may also want to attend an alcohol abuse support group even if the court does not order you to attend because it would always be better to speak with people who can relate to your situation. Best of all, you have to speak with a DUI lawyer because a lawyer who is experienced in DUI cases could explain the consequences and options your DUI case presents. The DUI lawyer can advise you on every aspect of your case, explain to you the legal consequences and help you deal with your car insurance after your DUI.

I got arrested just recently for DUI  and my driver’s license got suspended. How can I get back and forth to work if I don’t have my driver’s license?

Hudson

Yuma, AZ

Arizona occupational driver’s licenses could be available under many different circumstances. The judge should find that an “essential need” exists such as job and school commuting. This kind of license would be restricted as to areas, routes and certain times. If you get an occupational driver’s license, you could be able to get back and forth to work after your DUI charge in Yuma, Arizona.

The occupational driver’s license could be granted only after an appropriate lawsuit is filed to obtain the driver’s license. A qualified DUI lawyer could definitely help you with the process of obtaining the occupational driver’s license. The costs usually vary but the fees of $120-$200 are common. Arizona Motor Vehicle Division (MVD) requires another $10 and an SR22 auto insurance would also be necessary. The SR22 auto insurance is a document sent to MVD to make sure that you are continuously insured as required by the laws. Let me remind you now that the SR22 auto insurance and DUI lawyer would have additional costs. Another reminder is that some people could be ineligible to get an occupational license.

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 never got cited for DUI but I’m curious to know a few things about it. If asked, can I admit that I had been drinking if I will be stopped for DUI?

Suzanne

Scottsdale, AZ

Although you are not suppose to answer any potentially incriminating questions, even lawyers would advise you to be polite to the police officers if you are stopped for DUI suspicion. You could say that you would like to speak with a DUI lawyer first before answering any questions; and this would be a good response to them. But you could admit that you had been drinking if you only had a few drinks because that may not be incriminating; because one or two drinks are usually not sufficient to cause intoxication and it could explain the odor of alcohol on your breath. This would make you look honest as well, which could later be very significant in your defense.

If you are stopped for any reason and you had been drinking and you really don’t think that your driving is impaired, I strongly suggest that you call an expert on this. An experienced DUI lawyer could definitely help you get out of trouble and build a line of DUI defense to prove that you were not driving under the influence.

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 heard that my sister was charged with two separate cases when she was arrested for DUI here in Arizona. Wouldn’t that gonna be double jeopardy? What are these cases that were charged against her?

Zaid

Casas Adobes, AZ

If your sister was arrested for DUI in Casas Adobes, Arizona for the first time, there would actually be two separate and distinct cases against her. The state of Arizona has two shots of taking her driver’s license after a DUI arrest because one suspension flows from a criminal conviction while the other is with regard to her “privilege” to drive. Since double jeopardy actually only applies to criminal cases and one case is civil in nature, the state has two chances to remove your sister from Arizona’s highways.

Arizona law states that any person who drives a motor vehicle in Arizona gives consent to a test or tests of their blood, breath, urine or other bodily substances as part of exercising the “privilege” to drive in Arizona. Through this law, police officers can determine alcohol concentration or drug content if the person is arrested for DUI. By driving in the state of Arizona, in essence, your sister has already consented to the test.

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.

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.