How to Effectively Navigate Through a DUI Arrest in Arizona

How to Effectively Navigate Through a DUI Arrest in Arizona

Following an arrest for a DUI in Arizona, the Arizona Department of Transportation has the right to suspend your driving privileges. If you successfully completed a breath or blood test and the test results are not available or the results indicate your alcohol concentration is.08 or above, your Arizona driver license, AZ driver permit or nonresident driving privilege will be suspended for not less than 90 consecutive days. If you refuse to submit or do not successfully complete the specified tests, your Arizona driver license/permit or nonresident driving privilege will be suspended for 12 months. You only have 15 days to request a hearing in order to challenge the administrative suspension of your driving privileges.

If your driving privileges are suspended for 90 consecutive days, you will be eligible for a work/school restricted permit for the remaining 60 days if the Arizona Department of Transportation receives evidence indicating you completed an alcohol screening. If your driving privileges are suspended for 12 months, you will be eligible for a work/school restricted permit after 90 days if the Arizona Department of Transportation receives evidence indicating you completed an alcohol screening, installed a certified ignition interlock device and purchased a SR-22 insurance policy.

If your vehicle was impounded for 30 days after your Extreme DUI, Underage DUI arrest or Aggravated DUI arrest you only have 10 days to request a post storage hearing to determine if your vehicle will be eligible for early release. The owner of the vehicle, owner's spouse, lien holder or other interested party has the right to request a post storage hearing.

Your first Court date will be set to an arraignment after your arrest for a misdemeanor DUI in Arizona. A not guilty plea to the charges should be entered and the case should be set to a pre-trial conference. A copy of all discovery in your case should be requested from the prosecutor assigned to your case. The discovery is all of the information relevant to your DUI case. The discovery should include police reports, crime lab records, videotapes, 911 calls, dispatch calls, interviews, photographs, diagrams, laboratory reports regarding breath, blood, or urine, police officer logbooks, field notes and witness statements. The goal in your case is to develop a strong list of defenses and work towards a dismissal of your DUI charges.

The evidence obtained should be investigated to determine if any valid motions should be filed to limit the admissibility of evidence at trial or have the case dismissed altogether. The investigation should include visiting the arrest scene, interviewing civilian witnesses and Arizona police officers and having your own tests performed. You can also hire an expert to review the evidence in your case to get their opinion. Once the discovery and investigation have been completed you will be in a better position to assess the case and your options.

At your pre-trial conference you can discuss the facts of your case with the prosecutor. A negotiated settlement of the case should be considered. The prosecutor may agree to reduce the charges or make a favorable recommendation regarding sentencing. Sometimes a plea agreement will have enough incentive for you to waive your right to trial and resolve your case. Another option is a plea to the Court and let the Judge assigned to your case determine the sentence for you. At sentencing, you can make arguments and present evidence concerning the appropriate sentence.

Everyone accused of a DUI in Arizona is entitled to a trial by jury. The jury will hear the evidence and determine innocence or guilt. The state has the burden of presenting evidence and proving beyond a reasonable doubt that you are guilty of the DUI charges. After the prosecution has presented all of its evidence, you will have an opportunity to present any evidence beneficial to your case. If a jury finds that the state has not proven its case beyond a reasonable doubt, it should return a verdict of not guilty. If the jury cannot decide, a hung jury may be declared and the case is retried. If the jury finds you guilty you will be sentenced by the Judge.

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