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DUI

How Do You Beat a DUI in Arizona?

The Arizona Supreme Court has set a particularly hostile tone towards DUI-related offenses.

Whether you’re a law clerk at one of the state’s many DUI checkpoints, or an Arizona college student driving home, the key to beating misdemeanor or felony DUI charges is to prevent them. 

The second best measure for beating a DUI charge is having a good DUI lawyer through a reputable law office. Tucson DUI lawyers are here to offer you their criminal defense services and help you beat your DUI case. Our Tucson criminal defense lawyers are available to provide you with a free consultation regarding any DUI charges you or a loved one may face.

Types of DUI in Arizona

Each DUI scenario is treated differently based on what you’re charged with. Your AZ defense lawyer can help you to decipher which defense is best for your Arizona DUI defense. 

First-Time DUI

The first offense in Arizona will lead to imprisonment for no less than 10 consecutive days and a fine of no less than $1,250. You will be required to undergo alcohol screening/education/treatment. You will also have to equip any vehicle you operate with a certified ignition interlock device, and perform community service.

Extreme DUI

An “Extreme DUI” in Arizona is a misdemeanor criminal charge. The penalties for an extreme DUI are harsher but not as brutal as those for a super extreme DUI or aggravated DUI.

Super Extreme DUI

Super extreme DUIs are classified as a Class 1 misdemeanor. You can be charged with a super extreme DUI when you’re found to have a BAC of .20% or higher within two hours of driving or being in control of a vehicle.

Aggravated DUI

An aggravated DUI is a Class 4 felony charge. It carries extremely severe penalties. If convicted, drivers face a mandatory minimum prison sentence, even when it’s the first. 

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Repeat DUI Offenders

About one-third of all drivers arrested for drunk driving are repeat offenders. When convicted of a second DUI you can get up to 180 days in jail, community service, and fines totaling up to $3,000. 

Underage DUI

Arizona has zero tolerance when it comes to people under the age of 21 drinking. The under 21 defendants can face criminal charges when they are found to have consumed any amount of alcohol at all.

CDL and DUI

A DUI conviction can lead to the loss of your commercial driver’s license. An Arizona DUI CDL suspension could last from one year to a lifetime. 

Drug DUI

Driving under the influence of drugs is a class 1 misdemeanor. It is punishable by up to 6 months in prison, $2,500 in fines, and 5 years of probation. There are mandatory minimum penalties if convicted of a DUI for drugs in Arizona.

Prescription Medication DUI

According to Arizona law, an individual is prohibited from driving under the influence of prescription drugs or pills, alcohol, and other controlled substances. If anyone takes a pill or medication, then operates their vehicle, they can be pulled over and arrested for a DUI.

Now there are times when you’re behind the wheel and have been pulled over. When that happens, here are the next most important things to remember:

Pay Close Attention to the Police Officers at the Scene

By keeping a close eye on officers during your stop, you may notice mistakes that could cause charges against you to be dropped. Telling DUI lawyers what you observed, and their law firm launching a thorough defense investigation could help the charges go away.

Awareness of Probable Cause

Arizona DUI laws clearly state that to stop your vehicle, probable cause must be present. Police randomly combing the Tucson area for drunk drivers isn’t probable cause. If you’re arrested under such circumstances, you strengthen your chances of getting that charge dismissed. Keep this in mind. 

Refuse Everything

All courts, state and federal, must honor your right to refuse to take a breathalyzer or a field sobriety test. However, be aware that the Arizona legal system has tricks and traps associated with refusal. Always follow up with your lawyer after refusal to see how you may be legally obligated to proceed.

Effective Defenses in Challenging DUI Cases in Arizona

When dealing with the criminal justice system, an aggressive litigation style can be the difference between a DUI felony offense turned misdemeanor DUI, or a charge turned into a dropped charge. Aggressive representation focuses on strategies to turn your potential felonies into fines, and on getting your DUI and criminal charges dismissed altogether. 

Here are some potential defenses known to get results:

  • You weren’t impaired during the stop
  • The methods of diagnosing intoxication cannot be trusted
  • Your rights were violated by the arresting officer

Criminal Defense DUI Lawyer

Tucson AZ law firms are fighting day and night to help people beat criminal charges like:

  • Driving under the influence
  • Domestic violence
  • Driving with a suspended license
  • Aggravated DUI
  • Various vehicular offenses
  • Felony assault charges

Defending numerous criminal matters like these is part of what keeps the best lawyers in Tucson motivated to continue providing quality legal services to the public. Southern Arizona has some of the most dedicated criminal defense lawyers in the country. Contact us for a free consultation on your case.

Your Future After a Tucson DUI Arrest

In Tucson AZ, a great deal of intense public scrutiny comes with every DUI-related offense. The smallest misdemeanor DUI charge can feel like an extreme DUI nightmare. With their expertise in criminal law, Tucson DUI lawyers are here to advocate for clients with the thoughtful discretion and empathy demanded that clients deserve while facing such accusations.

Tucson DUI Lawyers

When it comes to alcohol-related offenses in Tucson, a person could easily get stressed out. The legal process can be so confusing, not to mention being concerned about losing driving privileges, the stigma of a DUI DWI-related arrest, and the hostile position from state and federal courts regarding Arizona DUI-related offenses. 

Contact us, we can connect you with a Tucson criminal defense attorney from one of our law offices in Arizona to help with your arrest. No need to worry about court and appeals and losing driving privileges. With the right DUI attorney, most Tucson DUI cases will go before an experienced litigation counsel and are pled down into lesser charges long before ever reaching court. 

Can I Refuse a Chemical DUI Test in Arizona?

Yes, you can refuse, but there are risks built into the system. After refusing, a hearing must be requested with the MVD and the Arizona Office of Administrative Hearings. This hearing will prevent the automatic 12-month suspension of your driver’s license. This is because the refusal of the test falls under “implied consent” to have your license suspended by the state.

This legal trap can be difficult to navigate your way through, and committing to refuse any voluntary testing in Tucson Arizona, committing to refusing any tests is an essential step in assisting your DUI attorneys in mounting a successful DUI defense, and avoiding the burdens of a conviction.

Breath Testing Variables

The breath test is a common way for law enforcement to engage with DUI-related matters, it is far from a full-proof process, and there can be many errors present that can get your charges dropped. The testing variables are as follows:

  • Temperature
  • Breathing technique
  • Breath Blood Partition Ratio

Good legal representation will cite these variables as part of your DUI defense strategy. These factors can be used to help you beat your case. The most scientific way to know if someone is intoxicated is via a blood test. Law enforcement, state, and federal courts must respect that without a warrant or your permission, there will be no blood test.

Field Sobriety Testing

Field sobriety tests (FSTs) are used to determine if a driver is intoxicated. However, FSTs have their flaws. Even a sober person can fail an FST. If your lawyer can demonstrate the inaccuracy of your FST, it may be enough to successfully fight off an Arizona DUI conviction, or at least get your case pled down to a minor offense. 

The facts are:

  • Breathalyzers have design flaws, are used improperly, and malfunction
  • Field sobriety tests are often flawed and don’t prove intoxication
  • Intoxication cannot be proven through the presence of objective symptoms

Without a warrant, you cannot be made to take a blood test meaning that without that warrant, the most scientifically accurate way of knowing your blood alcohol concentration is available cannot be used against you.

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Client Testimonials

Clay Hernandez and Josh Hamilton are some of the most competent Lawyers I have ever had the pleasure of working with. They are dedicated, hard working and honest! They are some of the top Lawyers in the legal community and you couldn't have a better legal team on your side!

Lacee

To say that Josh Hamilton saved my life would be an understatement. Facing an incredibly ugly situation, I shopped around for an attorney for a while until I came across Mr. Hamilton. From day one I knew I had found the representation I needed. Josh fought tooth and nail for me and got me the best outcome, considering the dire straits I was in. His staff is incredibly helpful and friendly and Josh's ability and knowledge of the law is second to none. I could not see myself facing a hell like this again with anyone else at my side. A simple "thank you" will never be enough for all that Josh and the staff of Hernandez and Hamilton did for me.

Ox Inator

If you need a criminal defense lawyer then Josh Hamilton is definitely your guy!! Not only is he beyond brilliant.. and amazing at what he does! But he is a very caring and compassionate person. I highly recommend him!! He worked very hard on my case and got it dropped!!

Racquel Vera

The absolute 100% best. I cannot stress how much I appreciate and how grateful i am for Josh and Carol. They took up my brothers case in 2018 and never left him since. Their work is excellent and speaks volume. The complexity of the case will have anybody fearful and doubtful but not them. Right from the start they maintained a positive vibe and their professionalism is exceptional. I am so happy i found them back when me and my sister in law were googling appellate lawyers. If i could hug them now i would. My brother was released two days ago and even though the case is not done i am pretty sure the end results will be a good one. God appointed the right lawyers and they are not in it for the money they truly are genuine in fighting for victory and they know what happened to my brothers were not right and they fought tooth and nail and for that i just want to say thank you from the bottom of my heart. Grateful forever and ever!

King Black

I had a potential federal case come before me in my work environment. I called and they were so willing to work with me on getting into an in person consultation even though I was 2 hours away. We spoke on the phone, and then had a meeting I specifically spoke with Clay. He was knowledgeable and had a defense prepared before I even left the consultation. With everything still being in process, all I can tell you, based on my experience with him, he will fight until the end and he won't give up!

Cynthia Bass

Hernandez & Hamilton are top-notch attorneys. In hindsight I would NOT have considered hiring any other attorney to take care of my legal matters. Hernandez even traveled out of state to represent me over 2000 miles away, in Ohio, IN THE WINTER. :) Thank you for all you have done for me and my family!!!

Kari Turner

The best thing about this law office is their dedication. Josh never stopped working for us, never stopped believing that there would be a great outcome and even when it looked like all hope was lost, he kept working until we got the outcome we were looking for. I would recommend this office to anyone looking for an attorney. If they believe they can help, they will!!

Sarah Tecco

I contacted Mr. Hamilton regarding a case involving my brother. From the moment we spoke on the phone, he made feel like we were in the right hands. We discussed the case, went over the pro´s and con´s reaching a desicion to move fwd with the case. Mr. Hamilton is extremely well prepared and very knowledgagle. My brother got a very long punishment that was not justified and because of his commitment to the case and his great team effort, they got my brother a reduced sentence to time served. Now, thanks to Mr. Hamilton and his team, my brother is able to reunite with his three kids and his brothers. We are for ever thankful for your hard work and commitment. Thank you for believing in whats right! Blessings from our entire family.

Eghector

Josh Hamilton is top-notch: knowledgeable, accessible, hard-working and honest. No better lawyer in town.

Jeff Welter

I highly recommend Josh Hamilton to resolve your legal issues.The staff at Hernandez and Hamilton were very professional and friendly.Thank you Josh,Julie, Roni, and Olivia for everything that you all did for us. Have a wonderful holiday season and a prosperous new year..

Gillbert Encinas

I have owned a private investigation company in Arizona for a quarter century and worked with both of these lawyers for many years. These attorneys are honest, extremely competent, and truly care about their clients. Both are exceptional advocates.

Randy Downer

Josh is one of the best lawyers out there. He has helped me in multiple situations and has gotten me off every time. He’s professional about everything and I highly recommend him.

Timothy Marshall

I needed the best attorney in town and Josh did not let me down. If you want an aggressive pro-active team representing you, this is the outfit to go with. Best in class.

Organic BTI

I hired Hernandez & Hamilton to take care of a friend who had a bit of a tough situation. They took care of him easily and kept the cops honest. Very happy.

Danton Foster

Best lawyer in town. Josh and everyone else working with him at his law office go beyond to help you every step of the way. I would highly recommend for your criminal defense attorney.

Martin Lopez

Fantastic work by Josh and his team, they are very professional. Thank you for your help in our case. You and your team managed to get my brother released on the spot and cleared of all charges.

Eftimi Etzoglou

If you want the best of the best? Look no further because Clay and Josh are definitely it. HANDS DOWN.

Amanda Wade-Mcmickle

I can't thank Josh Hamilton enough and his team for what they did for our family to give us peace knowing that we got the best law firm the best lawyer and the out come was amazing thank you for all your knowledge your hard work your dedication once again thank you Josh and your team.

Alley Prudhomme

Excellent firm with outstanding attorneys and staff. They work extremely hard and get amazing results for their clients.

Adam dippel

This legal team is at the top of their game when it comes to representation and dedication. Truly a 5 Star law firm from beginning to end.

Mary Domoto-Hill

Mr. Hamilton is an absolute beast and he handled my problem like a Sunday drive. Absolutely the best attorney anywhere.period. thank you again Mr. Hamilton. Five stars across the board.

James Stewart