Gilbert DUI Lawyers
For over a decade, we have been defending clients charged with serious DUI misdemeanors and felonies in the Gilbert area. We know how to win your case. Contact us for a free consultation. (480) 900-2100.
Driving Under The Influence in Gilbert, Arizona
Arizona is known nationwide as having some of the toughest DUI laws in the Country. In fact, Mothers Against Drunk Driving (MADD) ranked Arizona as one of the top 5 most aggressive states when it comes to DUI enforcement and penalties. Driving Under The Influence (DUI), often identified as Driving While Intoxicated (DWI) in other states, is defined in Arizona’s Revised Statutes which state:
A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances:
1. While under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree.
2. If the person has an alcohol concentration of 0.08 or more within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle.
3. While there is any drug defined in section 13-3401 or its metabolite in the person’s body.
4. If the vehicle is a commercial motor vehicle that requires a person to obtain a commercial driver license as defined in section 28-3001 and the person has an alcohol concentration of 0.04 or more.
Be aware that you may be arrested and charged for DUI even if you are not impaired and even if your BAC is below 0.08. In Arizona, the law is written so that you may be charged in several different ways, making a good defense that much more important to your case.
Our job as DUI attorneys in Gilbert, Arizona is to hold the State accountable and make them prove beyond a reasonable doubt that their claims against you are true. Many DUI cases are won and lost on technicalities – often revolving around the way evidence against you is gathered and handled. Consequently, it is very important that you contact us as soon as possible so we put together an appropriate plan of action depending on the facts of your particular case.
As your Criminal Defense Attorneys, we fight for your rights and aggressively advocate the position of each and every one of our clients.
Penalties upon a DUI conviction include; 1. Not less than ten consecutive days in jail; 2. Significant fines and penalties; 3. The installation and maintenance of an alcohol ignition interlock device on any vehicle you operate for at least one year; 4. Community service penalties; and 5. Suspension or revocation of your driver’s license. Upon conviction, you will also have a criminal record.
Practically speaking, your career, education, immigration status or other endeavors that require a position of “good standing” may also be placed in jeopardy. Most commercial drivers, for example, are under a zero-tolerance policy when it comes to DUI and a previous conviction may cause you to lose your job and disqualify you from future employment opportunities.
If you are an undocumented alien in this country you will need specialized help dealing with complex DHS troubles.
Keep in mind also that much of your punishment will come in the form of a very long and stressful road through the Arizona state court system. As experienced DUI lawyers in Gilbert Arizona, we will make that journey as painless as possible, and navigate it with you every step of the way. Understanding the applicable laws, local policies, and having a rapport with the judges, prosecutors, and other local law enforcement officials that will be on the other side of your case goes a long way.
License Suspension & Revocation
In Arizona, a refusal to submit to a blood or breath test triggers the suspension of your driving privileges for 12 months. You do, however, have a short period of time to request a hearing before the Arizona Department of Transportation where you can argue your case. This hearing is a different proceeding, separate from your DUI charge, but can sometimes have a significant impact on your DUI case itself. For that reason it is important that you Contact Us as soon as possible after you are stopped to ensure that ALL your rights are protected.