News

In Arizona, as with many states, a DUI charge is a serious matter no matter who you are. No one is immune from facing charges for drinking and driving. Even off-duty police officers can't avoid charges when they are driving under the influence.

No doubt there are good reasons that Arizona takes DUI seriously. According to the CDC, impaired drivers cause nearly 3,000 deaths each year during DUI-related accidents. That's why Arizona has some of the strictest DUI laws in the country.

Because of those strict laws, thousands of drivers find themselves dealing with DUI charges in Arizona every year. Many of those choose to hire a lawyer to help them navigate the legal system.

4 Things to Consider When Considering a DUI Lawyer

1. Know what the laws are. Since Arizona has some of the strictest DUI laws in the country, it is vital that you have a basic understanding of what the rules are and what Arizona considers a DUI.
   
   Once a law enforcement officer suspects someone might be driving impaired, they can ask them to submit to a field alcohol test that tests blood alcohol content through the breath. In the state of Arizona, you can be charged with driving under the influence anytime your blood alcohol content is 0.08% or higher. If you are younger than 21 (the legal drinking age), you cannot have any alcohol showing in your blood.
   
   The severity of charges depends on how high your blood alcohol content is and how many previous offenses (if any) the driver might have. Felony charges are possible depending on the exact situation. Before hiring anyone to help with your case, be sure you know the specifics of your charges.
2. Know exactly what the penalties are. The penalties for DUI can vary considerably based on the seriousness of the charges. However, part of what makes Arizona's DUI laws so strict is that they require jail time even when it is the first offense.
   
   A first offense DUI requires a minimum of 24 hours in jail, although this sentence could be as long as ten days. By the third offense, however, the minimum jumps up to 4 months! These are just the required minimums for basic DUIs. Arizona might also charge someone with 'Extreme DUI' and 'Aggravated DUI' depending on the circumstances. These could result in even longer sentences and large fines.
   
   It is important that you know what level of penalties you might face before you decide who will be representing you. You should never allow a potential lawyer to explain the possible outcomes, as they may be likely to downplay the chances of a worst-case scenario. It is also important that you are confident that they understand your specific charges and what the outcome might be.
3. Know exactly who your lawyer will be.
   Once you have a better idea of how the state's DUI laws apply to your case, you are likely ready to start looking for someone to represent you in court. Many of the offices you reach out to are very likely to law firms (as opposed to individual attorneys).
   
   When choosing whom to work with, there are a few more things you will need to consider. Remember that you need to hire someone you trust and are comfortable in working with. As you talk to different firms or attorneys, watch out for anything that could be a red flag. Questions to ask:
   
   
   • Which exact attorney at the firm will be handling your case?
     It is important to know (and have some say) whom you will be dealing with. It is also important to make sure that your case isn't being handed around to different people over time. This is because you want one person familiar with all of the specific details of your case. Otherwise, you could find yourself explaining the details over and over as your case develops.
   • Does the lawyer specialize in DUIs? Do they practice any other areas of criminal law?
     Make sure that you are comfortable with the attorney’s level of experience.
   • What is the attorney's background? Do they have experience with cases similar to yours? How long has the attorney been defending cases in Arizona? What does his or her record look like?
     Just because a lawyer has handled DUI cases before doesn’t necessarily mean that they have the experience you might need for your specific situation. Also DUI laws and trials can vary considerably in other states so its always a good idea to make sure that you hire someone who has experience in Arizona.
   • Is your potential attorney familiar with the court you will appear in? Do they have any experience with the judges or the prosecutors overseeing your case?
     It never hurts to hire someone who has experience working with the other parties involved in your case. However, you also need to be aware of anything in the lawyers history that might work against you.
   • What does the attorney's current caseload look like? Will he or she have the necessary time to put into your defense, or are they just squeezing you in?
     In some of the bigger firms, you may find lawyers who have far more work than they can handle. This might not be a big problem if your case is fairly simple, but if your case is more complex, you will want to make sure that you hire someone who has time to dedicate to you.
4. Know exactly what the fees will be. Finally, be sure that you are familiar with the specifics of all of the fees associated with your case, and more importantly, make sure the fees fit within your budget. While interviewing potential firms (or individual lawyers), ask specific questions about how fees and billing are handled. Asking the right questions will make sure that there are no gilberts after your case is over.
   
   Questions to ask:
   
   
   • Is the fee a flat fee, or will you be charged by the hour?
   • Are pretrial and trial fees separate?
   • How much should you expect to pay if expert witnesses are used or if tests are needed?
   • Will paralegals or legal assistants be involved? If so, how much will this add to your bill?
   • What are your billing options? Can you make payments over time? What is required upfront?

Navigating DUI charges in Arizona takes care and caution. With potentially serious consequences at stake, you must make sure that you take your time when deciding how to proceed. Otherwise, you might make one bad choice much worse than it already is.

Current DUI figures from 2020 show a decline in both traffic stops and DUI charges. But they also show that the average blood alcohol content is up over .01%. Higher blood alcohol content typically results in more severe penalties, so it's more important than ever to have an experienced and well-prepared legal team.

Finally, DUI laws in Arizona are always changing. Now recreational marijuana is poised to further complicate an already complex situation. The state is still figuring out exactly how this will work in DUI law. These changes make it all the more important that anyone who finds themselves facing DUI charges is careful when choosing someone to represent them for their day in court.