Frequently Asked Questions (FAQs) About Arizona DUIs

Do I need an attorney for an Arizona DUI?

Yes. It is possible to get through the process on your own; but you need an experienced attorney to explore all of the options available for your case, to secure all of your rights, to appear on your behalf in court, to file motions and other pleadings on your behalf, and to smooth your way and make each step of the legal process easier to understand and deal with.  Especially if your case goes to trial, you must have an experienced criminal defense attorney.

If I retain an attorney for DUI will I have to appear in court?

For most courts, for most appearances prior to the trial or disposition hearing date, I can handle your court appearances and you will not have to appear. To check a specific court, please chat with me now in the box below.

I received a license suspension order for an Arizona DUI– is my license suspended?

In Arizona DUI cases, law enforcement often issues a license suspension order to the driver along with the ticket. This order is then filed with Arizona ADOT/MVD and automatically becomes effective 30 days after it is issued unless a hearing is requested.  Sometimes the suspension order is filed by law enforcement directly with Arizona ADOT/MVD, which will mail a suspension order to the last-known address.

When can I get my vehicle impounded for an Arizona DUI back?

If your vehicle was impounded on a DUI hold, unless certain circumstances permit early release, the hold is for 30 days. If there is a basis to get the vehicle released early I always help my clients to accomplish that.

What happens at Arraignment for an Arizona criminal charge?

Arraignment is set for the purpose of entering a plea of guilty or not guilty. If you enter a not guilty plea, your case will be continued to a pretrial conference, perhaps several, before being set to trial.  Generally, none of my clients have to appear for the arraignment because I can take care of it without them having to take off work to go to court.

Will I get a plea offer for my Arizona DUI?

The State is not required to extend a plea offer agreement, however, they typically do. If the State does make a plea offer, unlike most attorneys, I will put it in writing and send it to you so you can make an informed decision about whether you wish to accept it or not.  Once a case is set to trial, some prosecutors withdraw the offer so it is no longer available.

Will I have to go to jail for an Arizona DUI?

If the case is guilty of DUI then probably you will have to go to jail as the mandatory minimum sentence requires it. Depending on the court, sometimes actually serving jail can be avoided even though the law requires it.  For other misdemeanor offenses whether a person has to serve in jail if the verdict is guilty depends on a number of factors including the charge, the facts of the case and the defendant’s criminal history.

Is my mugshot going to be put online for an Arizona arrest?

If someone is booked into the Maricopa County Fourth Avenue Jail, a mugshot may appear online at the Sheriff’s Office website, and a few others. However, after the first few days, it becomes much more difficult to find a mugshot for any particular person.

Will an Arizona criminal conviction affect my employment?

That is a real possibility. No one should plead guilty to any crime thinking it will not affect them later in ways they did not anticipate.  Part of the services an experienced attorney can provide is more information on this subject, specific to your situation.

What is proper court attire?

Professional attire is best. No shorts, and no flip-flops.

How many DUI cases have you handled?

Over 47 years I have handled 6000+ DUI cases.

Are you trained in field sobriety testing?

Police Officers are trained in Field Sobriety Tests (FSTs), not Lawyers. Instructing people on how to do FSTs and what to look for is not complicated & so lawyers being trained does not add anything. How to tell a jury of everyday people what the results mean is a skill lawyers, like me, need.

Do you appear in Phoenix Municipal Court?

Yes, and I did my first jury trial in Phoenix in 1984. I believe I have done more jury trials in Phoenix than any other lawyer currently practicing there.

Will I go to jail for a DUI?

If guilty of DUI a defendant must serve at least part of 1 day in jail. Depending on the court and circumstances, that day can be as little as 5 hours.

Is there a diversion program for first-time DUI offenders?

Arizona does not have a diversion program for DUI cases. Some states such as Illinois and Washington do, but not Arizona.

Should I plead guilty to DUI?

The decision to plead guilty or set to a jury depends on the facts of the case and what the offer is. There are no hard rules of when to plead guilty or set to trial. If the prosecutors offer a plea to a less serious charge, like Reckless Driving, then a plea may be a good idea. If the offer is to plead to the most serious charge, such as a .15% Extreme then there may be no real benefit to a plea because often the jail time does not increase if guilty after a trial. Which is better, plea or trial, depends on the facts of your case and should be fully discussed with your lawyer.

What are your fees and payment plans for DUI?

My flat fee for misdemeanor DUI in Maricopa County is $2800 or $3100 outside Maricopa County. I do not require a down payment, and monthly payment depends on the client’s income.

What is included in the fee for DUI?

My representation starts with anything with the MVD arising from the arrest. Next, it includes everything in the trial court, including a jury trial. If guilty I will help my clients with all of the court and MVD obligations. I consider it my responsibility to make sure my clients successfully complete all of their legal obligations.

Can you help me keep my driver’s license?

Yes. MVD licensing matters can be complicated however in many cases I can make sure an Arizona licensed client keeps their ability to drive without restrictions. For clients not licensed in Arizona it is more difficult but depending on the circumstances it can be done as well.

Is there a hardship or work-restricted license?

In a couple of situations hardship licenses are available however in many cases hardship licenses are no longer needed because many drivers can get a restricted license with the only limitation being driving a vehicle with an interlock installed. With that a driver can drive anywhere and at any time.

Will you be the lawyer handling my case?

Yes. I am a sole practitioner, which means I am the only attorney in my firm.

Is there anything I can do to help with my DUI case?

Maybe, but it is important not to do anything without talking with a lawyer about the facts and circumstances of your case. It is possible to do things which can hurt the case and so do not act without talking with your lawyer.

How often will I receive status updates from you?

My clients receive texts and emails from me whenever something happens in the case. I give my clients all information I get about the case, including body camera videos, as soon as I receive them. I encourage my clients to call me whenever they have a question. Communication is a #1 priority for me.

How long will a DUI stay on my record?

A conviction for DUI remains on a record forever, however, the defendant can have the records sealed from public view 3 years after all court obligations have been completed.

What are the Maximum Penalties for Arizona Misdemeanor DUI?

• 6 months in jail
• A fine of up to $2,500.00 plus surcharges
•  3 Potential State Assessments of up to $1250 each
• 5 years of probation
• License Suspension or Revocation
• Ignition Interlock Device
• Traffic Survival School

What are the Minimum Penalties for Arizona Misdemeanor DUI?

• Minimum Penalties 1st DUI, Alcohol and/or Drugs

  • Substance Abuse screening session & counseling
  • 10 consecutive days in jail, 9 suspended upon completion of screening & counseling
  • $250 fine plus surcharges
  • State Prison Construction assessment of $500
  • State General Fund assessment of $500
  • Jail costs
  • Traffic Survival School
  • 12 months Ignition Interlock
  • 90 Day License Suspension

• Minimum Penalties for 1st Extreme DUI, Alcohol Level of .15%

  • 30 days in jail, 21 suspended if Ignition Interlock maintained for 12 months
  • $250 fine plus surcharges
  • Driving Under the Influence assessment of $250
  • State Prison Construction assessment of $1,000
  • State General Fund assessment of $1,000
  • Jail costs
  • Traffic Survival School
  • 18 months Ignition Interlock
  • 90 Day License Suspension

• Minimum Penalties for 1st Extreme DUI, Alcohol Level of .20%

  • 45 days in jail, 31 suspended if Ignition Interlock maintained for 12 months
  • $500 fine plus surcharges
  • Driving Under the Influence assessment of $250
  • State Prison Construction assessment of $1,000
  • State General Fund assessment of $1,000
  • Jail costs
  • Traffic Survival School
  • 18 months Ignition Interlock
  • 90 Day License Suspension

• Minimum Penalties for 2nd DUI, Alcohol and/or Drugs

  • Substance Abuse screening session & counseling
  •  90 days in jail, 60 suspended upon completion of screening & counseling
  • $500 fine plus surcharges
  •  State Prison Construction & General Fund assessments of $1,250 each
  • Jail costs
  • 30 hours Community Restitution
  • Traffic Survival School
  • 12 months Ignition Interlock
  • 12 months License Revocation

• Minimum Penalties for 2nd Extreme DUI, Alcohol Level of .15%

  • 120 days in jail
  • $1000 fine plus surcharges
  • Driving Under the Influence assessment of $250
  •  State Prison Construction & General Fund assessments of $1,250 each
  • Jail costs
  • 30 hours Community Restitution
  • Traffic Survival School
  • 12 months Ignition Interlock
  • 12 months License Revocation

• Minimum Penalties for 2nd Extreme DUI, Alcohol Level of .20%

  • 180 days in jail
  • $1000 fine plus surcharges
  • Driving Under the Influence assessment of $250
  •  State Prison Construction & General Fund assessments of $1,250 each
  • Jail costs
  • 30 hours Community Restitution
  • Traffic Survival School
  • 24 months Ignition Interlock
  • 12 months License Revocation

If you have any further questions, chat with me now in the box below, or call, text or email me today.