DUI & Criminal Traffic

Tucson DUI Lawyer

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A conviction for Driving Under the Influence (DUI) puts you at risk for possible jail time, expensive fines, and driver’s license suspension. Even if you avoid jail time, losing your driver’s license makes getting to work very difficult. If you've been arrested for DUI in Arizona, contact a DUI lawyer in Tucson right away to ensure that your rights are protected.

Acting quickly is crucial. A prompt legal approach not only protects your rights but also allows our team to gather and preserve critical evidence that may benefit your defense. The earlier we get involved, the more effective we can be in strategizing your legal defenses.

The Law Office of Carlos A. Medina, PLLC, provides legal representation to clients like yourself, whether it’s your first, second, or third DUI.

We understand that each DUI case is unique, necessitating a tailored defense that addresses your specific circumstances. Our commitment to personal and direct interaction with clients means we spend time understanding the nuances of each situation to create a defense plan that genuinely reflects the best possible approach for your individual case.

Arrested for DUI? Discuss your situation with our Tucson DUI attorney by contacting our office at (520) 251-9561.

Understanding Arizona DUI Laws

Arizona law classifies DUI offenses into three categories: Standard, when there is a BAC (Blood Alcohol Concentration) higher than 0.08%, 0.04% or more when operating a commercial vehicle, or any percent for those under the age of 21; extreme, when there is a BAC (Blood Alcohol Concentration) of 0.15% or more; or aggravated, when a driver’s license was previously suspended, there is a third offense in 84 months, or there is a passenger in the vehicle under 15 years of age. The punishment for Tucson DUI convictions is based on the previously mentioned classifications.

Arizona's stringent DUI laws reflect its commitment to road safety and its zero-tolerance policy towards impaired driving. This approach ensures that high-risk drivers face significant deterrents, yet it also underscores the importance of having knowledgeable legal advocacy to navigate these laws. Understanding the specifics of your charge and how state law applies can significantly impact the strategy and outcome of your defense.

Punishment for DUI convictions can include:

First offense for a standard DUI: 10 days of jail time, fines, required drug treatment or education course, installation of an ignition interlock device, and community service requirements.
Second offense for a standard DUI: Up to 90 days in jail, higher fines, license revocation to up to a year, required counseling or treatment program, ignition interlock device installation, and community service.

Punishments greatly increase from there, and a conviction for an aggravated DUI can result in prison and license revocation for up to a year, in addition to community service, treatment programs, and other punishment. It is important to remember that Tucson DUI convictions come with both punishment from the criminal court and the MVD and can greatly affect your freedom as well as your ability to live your everyday life.

An aggravated DUI conviction can have far-reaching consequences beyond immediate legal penalties. Individuals may experience difficulty obtaining insurance or securing employment, as such convictions can remain on your record for several years. Additionally, the social and familial impacts can be profound, underscoring the necessity for a vigorous defense strategy.

Ignition Interlock Device (IID) Program

The state of Arizona requires that any person convicted of a DUI include an ignition interlock Device (IID) in their vehicle. An IID inhibits you from driving before you provide a breath sample, and it must not contain any trace of alcohol.

The IID program not only restricts driving under the influence but also serves as a preventive measure, promoting long-term behavioral changes among offenders. Compliance with the IID requirement is essential, as failure to adhere can lead to extended license suspensions and additional legal complications. Attending regular checks and maintaining the device is crucial to fulfilling the conditions for reinstating full driving privileges.

When driving with an IID, restrictions may be placed on where you are able to drive to:

Work
Doctor Appointments
Any other necessary destination

Driver’s License Suspension

If you are convicted of DUI in Tucson, the Arizona Department of Transportation (ADOT) will handle your driver’s license suspension. The police can suspend your driver’s license if your BAC (Blood Alcohol Concentration) percentage is above 0.08%. You may be given a temporary license that is valid for only 15 days within which time you may request a hearing.

If you are charged with DUI for a first offense, your driver’s license will likely be suspended for 90 days. You may be able to receive a restricted driver’s license after 30 days that will allow you to drive only to necessary locations such as school, treatment, or work.

Understanding the pathways to regaining driving privileges is vital. Seeking legal guidance immediately after your license is suspended can create opportunities to mitigate these penalties and potentially restore your ability to drive more quickly than possible. Whether attending hearings or negotiating license reinstatement, proactive engagement is crucial.

Felony DUI in Arizona

Arizona prosecutes DUI charges with harsh sentencing, especially if you are convicted of felony DUI. If you are caught driving with multiple DUI convictions in the past 60 months, if you have a suspended driver’s license, and if you are caught with a child 15 years old or younger in the vehicle, you could be facing felony DUI charges.

You could be facing the following punishments:

License suspension/revocation
Alcohol education and treatment
Vehicle confiscation

As the punishments for DUI conviction in Arizona are extreme, it is important that you speak with a DUI attorney in Tucson about your situation. At the Law Office of Carlos A. Medina, PLLC, we provide the aggressive defense that you need to protect your rights.

Felony DUI charges can lead to extended prison sentences and harsher fines, impacting your livelihood and personal freedom. We stand by our clients, offering compassionate support and strong legal advocacy to navigate these serious charges. Working with a dedicated legal partner helps ensure all legal avenues are considered to mitigate these severe repercussions.

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Carlos A. Medina, Esq.

Can a DUI Charge in Arizona Be Reduced?

In Arizona, it is rarely possible to plea bargain for a lesser charge called “wet reckless.” A wet reckless charge requires some conditions. An example of the requirements that may be involved includes installing an ignition interlock device and undergoing drug and alcohol screening and treatment.

The benefits of a reckless conviction are that it doesn’t include the severity of the punishment you could face for a DUI charge, such as monetary fines and mandatory jail time. A reckless charge also will not count as a prior DUI conviction if you receive another DUI within the next seven years.

Although plea bargains are limited, understanding your options can be crucial. Exploring alternatives like pursuing a reduction to a wet reckless offense requires astute legal negotiation. Such negotiations depend heavily on the specifics of the arrest and individual circumstances, making experienced legal representation invaluable for those seeking less punitive outcomes.

Possible Arizona DUI Defenses

Plea bargaining is severely limited for DUI cases in Arizona. However, there are possible defense strategies for people charged with driving under the influence. Our Tucson DUI Attorney Carlos A. Medina will evaluate your situation and work with you to determine the best strategy for your defense.

We offer a free initial consultation to give you the opportunity to thoroughly discuss your situation with our Tucson DUI lawyer. We stand ready to provide you with effective defense solutions geared towards the most favorable outcome possible.

Effective defense strategies may involve scrutinizing the arrest process for procedural errors, challenging evidence like breathalyzer results, or questioning the legality of the traffic stop itself. Each defense is crafted based on the comprehensive details of your encounter with law enforcement, aiming to introduce reasonable doubt or highlight legal errors that could lessen charges or secure acquittals.

Frequently Asked Questions

How Does a DUI Impact My Employment in Arizona?

Getting a DUI in Arizona can significantly impact your current job and future employment opportunities. Employers may conduct background checks, revealing your conviction and potentially affecting your job standing or prospects for advancement. Professions that require a clean driving record, such as delivery or transportation roles, might impose additional challenges. Moreover, if you have security clearance or work in sensitive positions, a DUI could jeopardize your status. Discussing your circumstances with a seasoned DUI lawyer is crucial to understanding these implications fully and exploring options that might mitigate career setbacks.

What Should I Do If I'm Pulled Over for a DUI in Tucson?

If you're pulled over for suspected DUI in Tucson, it is important to remain calm and cooperative. Provide identification when asked, but remember that you have the right to remain silent beyond that. If law enforcement asks you to perform field sobriety tests or a breathalyzer, it's important to understand your rights in this context, which can vary. Consulting a DUI attorney immediately following a stop can provide guidance on steps to take retrospectively or for future occurrences. Your attorney will be instrumental in outlining your rights and crafting a strategy for dealing with any resulting charges.

How Long Does a DUI Stay on My Record in Arizona?

In Arizona, a DUI conviction remains on your criminal record permanently. This long-term consequence can affect many facets of your life, from employment opportunities to insurance rates. However, there may be possibilities for expunging your record or setting aside the conviction in certain circumstances. These options are highly dependent on specific factors such as the details of your DUI and your behavior post-conviction. Consulting with a legal professional can help determine the best course of action and whether you may be eligible to pursue such legal remedies.

What Are the Costs Associated with a DUI in Tucson?

The financial implications of a DUI in Tucson can be burdensome. Beyond state fines and penalties, you may face additional costs like increased insurance premiums, mandatory alcohol education courses, ignition interlock device installation, and legal fees. Costs vary significantly depending on the severity of your DUI, prior offenses, and the particulars of your situation. Consulting with the Law Office of Carlos A. Medina, PLLC, can help provide a clearer understanding of these costs and offer guidance on financial planning following a DUI charge, ensuring you are prepared to address these consequences.

Can I Refuse a Breathalyzer Test in Arizona?

While you technically can refuse a breathalyzer test in Arizona, doing so carries significant automatic penalties. Refusal can result in immediate license suspension for up to one year, even if you are not ultimately convicted of DUI. Arizona's implied consent laws mean that by driving in the state, you agree to these chemical tests. It's important to weigh the potential implications of refusal and seek legal advice from an experienced DUI lawyer in Tucson, like those at Carlos A. Medina, PLLC, to understand your rights fully and prepare a strategy that maximizes your legal protections and minimizes negative outcomes.

If you are facing charges for DUI, reach out to our Tucson DUI lawyer at (520) 251-9561 to schedule your free consultation! Se habla español.

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CRIMINAL DEFENSE FAQ

If I’m innocent, do I really need an attorney?

Guilt or innocence aside, your future is in jeopardy in the face of criminal allegations. You need an attorney who can protect your rights to show the judge and jury that you are innocent. Legal processes must be followed, and attempts by the prosecuting attorney and law enforcement to secure a conviction must be effectively countered. Even if you are innocent, you need a professional to handle your case.
What is a plea agreement? Should I accept it?

A plea agreement typically involves lesser charges or punishment offered in exchange for a plea of guilty or no contest. Do not accept a plea offer without first talking to your attorney. You need to be certain that this is in your best interests. In some cases, a skilled criminal defense lawyer may be able to fight your charges and help you avoid a conviction altogether – which is far more advantageous than any plea agreement.
If I refuse to give a statement or answer a question, will I face criminal charges?

As already mentioned, you have the right to remain silent. You can politely refuse to answer questions posed to you by a police officer, and you should not face criminal charges simply for exercising this right. Depending on the situation, however, you may still be arrested and taken into custody. Be sure to request to speak to your attorney, who may be able to challenge an unlawful arrest.
What are my rights if I'm arrested?

If you’re arrested, you have the right to remain silent. You have the right to an attorney. If you cannot afford an attorney, one will be provided to you. These rights are essential, as anything you say or do after you are taken into custody may be used against you in court. Exercise your rights and protect your interests.
Do I have to consent to a search of my home or vehicle?

The Fourth Amendment to the U.S. Constitution offers protection against unreasonable searches and seizures. This means that law enforcement cannot simply search you or your property or make an arrest without probable cause. You have the right to refuse a law enforcement officer’s request to search your car or your home, but if they have a warrant or believe they have probable cause, they may be able to conduct a search. If you believe your property was illegally searched, an attorney can assess the situation and determine whether this can be used to your advantage in challenging your arrest or charges.

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