DWI & DUI Attorney in Yuma

Experienced Defense from a Former DUI Prosecutor

Arizona’s drunk driving laws are not particularly forgiving. Even if this is your first brush with the law, a conviction could mean much more than a suspended or revoked license. You could have to spend as many as 188 days in jail for even a misdemeanor crime.

You need to fight these charges to prevent serious repercussions, and the Law Office of Phil Hineman, P.C. can help. By choosing our law firm, you put more than 30 years of experience to work for you. In these three decades, we have handled more than 10,000 DUI cases and more than 250 jury trials. This experience places us in the top 1% of law firms in our area.

Perhaps more importantly, your case will be handled by an attorney who has served as a DUI prosecutor. That offers you a distinct advantage: we know how the other side works because we have stood in their shoes. We have seen their methods in action, so we know how those methods can be overcome.

As a veteran, our attorney serves every client with a first-responder mentality and an unfailing sense of urgency. Call (928) 224-3230 or contact us online to get started today.

Types of DWI and DUI Charges in Arizona

The term DUI is used generally to cover all incidents of drunk driving, but there are actually two basic ways authorities can charge a driver: DWI (driving while intoxicated) and DUI (driving under the influence). Both are criminal charges, and both apply to alcohol, but only DUI charges can involve drugs other than alcohol.

The threshold for a standard DWI is 0.08% blood alcohol content (BAC) for most drivers, but 0.02% for commercial vehicle operators. A driver under age 21 cannot have any alcohol in their system while driving.

DUI gives the authorities more leeway to establish a drunk driving charge because it doesn’t depend on a rigid analysis of your BAC. Authorities can charge a DUI if your consumption of alcohol or drugs has impaired your driving. Therefore, you can be charged with DUI if you’ve had any amount of alcohol and the police officer observes careless, sloppy, or reckless driving. Police also consider verbal admissions and any physical or mental symptoms of impairment.

DWI & DUI Penalties

A first DWI/DUI offense comes with a fine of at least $250, between 24 hours and 10 days in jail, a license suspension of 90 to 360 days, and a requirement to install an ignition interlock device on your car. Fines, jail time, and the length of the license suspension increase for subsequent convictions and other factors.

It is important to know that Arizona has an implied consent law. If you are lawfully arrested by an officer who has reasonable grounds to believe you have been driving under the influence of alcohol or drugs, you must submit to a chemical test of blood, breath, or urine. If you refuse, your driver license is automatically suspended for a year.

Penalties for Aggravated DUIs

An aggravated DUI is charged when a driver has blood alcohol content (BAC) above the legal limit of 0.08% and an additional fact warrants a more severe charge.

Arizona law lists these types of aggravated DUI:

  • DUI while a child under 15 years of age was in the car — Class 6 felony
  • DUI when the driver had two or more prior DUIs within seven years — Class 4 felony
  • DUI while the driver’s license was suspended or revoked — Class 4 felony
  • DUI while the driver had an ignition interlock device — Class 4 felony

The penalties are as follows:

  • Class 6 felony — The maximum is two years in prison and a fine of $150,000 plus an 83% surcharge. The mandatory minimum is six months in prison, fines, surcharges, 12 months of required counseling, 12 months of ignition interlock, and a license revocation with possible eligibility for a restricted license.
  • Class 4 felony — The maximum is 3.75 years in prison and a fine of $150,000 plus an 83% surcharge. The mandatory minimum sentence is four months in jail, with fines and surcharges amounting to several thousand dollars, counseling, ignition interlock for 24 months, and a 3-year license revocation.

The penalties listed above are for drivers without prior felony convictions. Maximum incarceration times increase drastically if you have had one or more prior felony convictions.

Penalties for Extreme DUIs

If your blood alcohol registers T 0.15% or higher, you can face charges of extreme DUI. Penalties are as follows:

  • First offense extreme DUI — The minimum is 30 days in jail and a fine of $2,500; completion of an alcohol and drug screening, treatment, and an education program; ignition interlock requirement for every vehicle you drive; and community service.
  • Second and subsequent offense extreme DUI — The minimum is 120 days in jail and a fine of $3,250; driver license revocation of 12 months; completion of an alcohol and drug screening, treatment, and an education program; ignition interlock requirement for every vehicle you drive; and community service.

Arizona law also allows for super extreme DUI to be charged if your BAC was 0.20% or higher.

Let Us Protect Your Rights & Mitigate Penalties

No matter what level of DWI or DUI charge you face, the penalties can be severe, and the Law Office of Phil Hineman, P.C. is here to give you the highest possible likelihood of avoiding a conviction. Prosecutors often overcharge cases when they don’t have sufficient proof to make the charges stick, and faulty or unlawful police procedures can weaken a case as well. We can expose flaws in the prosecution and help you protect what’s most important: your freedom.

Let us put our experience to work for your future. Call (928) 224-3230 or fill out our online contact form to request your free case evaluation today.

Let’s Get Started on Your Case Today

Our attorney has experience in both defense and prosecution, which is why he is uniquely qualified to obtain a favorable resolution on your behalf. He has handled thousands of DUI cases since 1988, and, as such, he knows exactly what it will take to protect your rights. With a military background, he has fought in more than one way to protect the freedom of Americans. If you’re interested in this level of service, we can begin with a free consultation.

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