Monday, January 18, 2021

What to Do and What to Expect and Possible Charges

DUIs are taken very seriously in the state of Arizona. If you are arrested for this offence, then you’re in trouble and must treat the matter with some urgency. If you face a second or third DUI charge, the stakes are even higher. You will need the help of an experienced DUI attorney if you are to get the best possible outcome.

What to do After Your Arrest

Being stopped on suspicion of DUI is bad enough. You should politely refuse to perform any field sobriety tests or the HGN (Horizontal Gaze Nystagmus) eye test.  You should not answer any questions about your driving or your consumption of alcohol or drugs. If you are arrested, it can mean being held for a time and an immediate charge. No matter how you find yourself in custody, you should not physically resist the officer. You should always ask to speak to an attorney when the officer orders you to submit to any blood, breath or urine test. Your best response to an arrest is to invoke your Fifth Amendment right to remain silent. It is vital that you not say or do anything that will incriminate you. Your best move is to call your DUI lawyer. A lawyer can help you navigate the legal shoals of a second or third DUI arrest.

Penalties for Multiple DUI Offenses

You may have received a relatively lenient sentence as a convicted first-time DUI offender, not that it probably felt like it. However, you should not expect the same treatment if you are once again charged with this crime. Here are some of the penalties for a second DUI conviction: -Minimum of 30 days in jail -Maximum of 6 months in county jail -Fines and fees exceeding $3500 -One-year suspension of your driver’s license -Installation of an ignition interlock device For a third DUI conviction, the penalties may include: -Four months to two and a half years in prison -Fines and fees exceeding $4500 -A one-year revocation of your license -Installation of an ignition interlock device Arizona also has enhanced penalties of extreme and super extreme second offence DUI. If the blood alcohol concentration is 0.15% or above, you will be charged with extreme DUI. If the blood alcohol concentration exceeds 0.20%, the case falls in the super extreme category and the penalties for these are even stronger. The penalties for a second extreme DUI include up to 120 days in the county jail and the attendant fines and license suspension. For a second super extreme DUI, the sentence includes 180 days in jail and increased fines and a license suspension.

Getting the Right Lawyer for Your Case

These are not light penalties. Multiple DUI convictions can cost you a long time in jail and significant fines and loss of your driver’s license.  This may lead to the loss of employment and could even lead to the ruin of your life. That is why you should exercise every legal right at your disposal, including the right not to incriminate yourself. That is why you need to call an attorney before you agree to take any breath, blood or urine test. And in the end, the police are seeking evidence to prove a case against you. Their case must begin with a legal stop and search. Police do not have the right to stop and interact with you in any way they wish. They must follow laws and procedures when executing such a stop. One of the best ways to build your defense is to record or have recorded on a cell phone the entire interaction with the authorities. Your lawyer will review this video footage and look for violations of procedure or the law. Even if you did take the breath test before speaking to any attorney, this evidence can be challenged. Breathalyzers malfunction all the time. Your lawyer will have the right to call in experts to assess the state of the device that was used on you. If discrepancies are found, it will weaken the prosecution’s case. If you have been arrested for a second or third DUI offense, you should call Robert A. Dodell, Attorney at Law. He has the experience and expertise to mount the most vigorous and effective defense possible against another DUI conviction.

The blog post What to Do and What to Expect and Possible Charges See more on: ArizonaCrimLaw - Robert Dodell Law Offices Robert A. Dodell, Attorney at Law

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

(480) 860-4321