A charge of Driving Under the Influence (DUI) is generally a misdemeanor, but can sometimes be considered a felony if there are aggravating circumstances or additional charges.
Arizona state law considers a DUI serious, and you could face revocation of your driver’s license, a mandatory fine and a minimum of 24 hours jail time if you are found guilty even in the case of a first offense.
If you are facing DUI charges in Arizona, you could use one of the top defense lawyers in Phoenix to state your case.
Nobody should have to face the prospect of serious DUI charges alone. Hire Udall Shumway as your trusted and reliable Phoenix DUI lawyer – and the guarantee of fair, sharp representation for your case.
Need a Phoenix DUI Lawyer?
Many people choose to represent their own DUI case. There are a lot of reasons why it’s a better idea to find a lawyer.
Having a lawyer for a case guarantees that you have fair representation in court, a full view of all the facts surrounding your case and a way to state these facts in court to ensure the right procedures are followed.
A lawyer can intervene on your behalf, and knows the ins-and-outs of a court case like this because they have dealt with it before.
The same isn’t true for anyone who makes the mistake of choosing to represent their own DUI cases.
Don’t Speak Before You Have a Lawyer
If you are stopped, searched or tested for a DUI, you are at risk of being arrested and taken in.
At any point in the process, whether you’ve just been pulled over or you are already being arrested, you have the right to take a step back and request the assistance of your attorney.
Under times of stress, many people make statements or say things that might complicate their case or implicate them later.
Don’t speak before you have a lawyer.
Having a lawyer to talk on your behalf can already strengthen your case.
More than this, an expert DUI attorney can also gather evidence in the case, including witness statements, that might prove their client’s innocence where the truth is being disputed.
Penalties for a DUI
The penalties for a DUI conviction in Arizona are serious, even for a first-time offense.
These penalties can include mandatory jail time, an immediate fine, a revoked driver’s license and a lifelong criminal record for a misdemeanor or felony.
Sometimes additional charges can be added on top of a DUI charge, which complicates the case and increases the penalties you might face if you are convicted.
If you have an experienced attorney on your side handling your case, the penalties can be negotiated (sometimes in the form of a plea bargain) and even if you are convicted, the penalties you face could be reduced.
Facing Additional Charges?
Most DUI convictions are counted as misdemeanors, but many times there are additional charges involved that could impact your case. Some of these additional charges can include damage to property and bodily harm in the case that someone was injured in the accident either as a passenger or pedestrian at the time the accident happens.
Additional charges can change a simple DUI charge from a misdemeanor to a felony that carries much more serious penalties and the potential of jail time.
An attorney can intervene on their client’s behalf if they are facing any additional charges related to the DUI conviction.
Expert Legal Representation
Udall Shumway has qualified and experienced attorneys licensed to practice in Arizona. We’ve successfully represented our clients in a vast array of different legal situations, including DUI cases. Here’s why we could be the right legal representation for you when you’re in need of an expert:
- High Success Rate
Udall Shumway boasts with a high success rate, having led many cases and claims through to success for our clients.
- First-Rate Experience
If you’re looking for a lawyer with plenty of prior experience when it comes to handling cases just like yours, Udall Shumway has first-rate experience covering a variety of different legal subjects and situations.
- Sympathetic and Understanding
Being understanding towards the needs and situations of our clients is part of what makes Udall Shumway one of the top lawyers to hire for your case.
- Case-by-Case Research
When you have Udall Shumway heading your case, you have the guarantee that we’ll do all the necessary research to strengthen your case and ensure that the facts are in order on the day of your court appearance.
- Tough as Nails
- Emergency Availability
Most of the situations that you will need a lawyer for are ones that can only be called emergencies. Udall Shumway is available any time you need legal advice or an expert lawyer by your side.
What separates good lawyers from excellent ones is the ability to perform under pressure – and at Udall Shumway we make sure that we’re always on top of the situation no matter who our client is what the applicable charge.
Free First Consultation
The first consultation across the table to discuss your needs happens at no charge.
During your initial consultation, you have an opportunity to discuss your case, the evidence surrounding it and the situation you are facing with an expert – and by the end of your first consultation, you’ll have a better idea of where you stand with the law and what can be done.
Worried about fees? Don’t be. Your first consultation will also provide you with an estimate for what the services related to your case could cost.
Need Your Case Transferred?
Want to switch to Udall Shumway? If you have already had your case handled by another attorney and they are no longer actively representing your case, get in touch and your case file can be transferred from another attorney to be handled by Udall Shumway from there.
Possible DUI Defenses
A DUI is a serious charge no matter how you look at it. Here are some possible defenses to a DUI charge that have been used in courtrooms before and might apply to your case.
- Testing Accuracy Disputes
Field sobriety tests, breathalyzers and blood tests might not have been performed correctly, or there might have been other factors at play at the time which affected the results.
Disputing the accuracy of the test results have been one way to successfully defend a DUI in court where the results are proven to be inaccurate.
- False Test Positives
There are many circumstantial things that aren’t alcohol that might show up as alcohol on a breathalyzer test, and many things that can cause a false positive for illegal drugs when it was a simple over-the-counter painkiller like Ibuprofen instead.
If you are sure that you were not intoxicated at the time of the incident, proving that the test showed a false positive can be one possible defense against a DUI.
- Questioning Probable Cause
- Duress or Circumstance
There have been some exceptional situations where it can be proved that people were under the influence, but that they were forced to drive in this state – or rationally had no other choice but to drive.
- Forced or Unknowing Intoxication
Intoxication isn’t always voluntary, and there are many cases where someone might be forced into drinking – and might not have realized that they were intoxicated. This can happen when someone’s drink is “spiked” at a party or club, or where someone has a drink and doesn’t read the label to see that it contains alcohol.
- Driving or Not?
You can’t be held responsible for a DUI charge if you weren’t driving at the time. In a few rare cases, people have been misidentified as the driver of a vehicle when they weren’t behind the wheel – and if this can be proved in court, it presents a strong defense.
- Can I represent myself for a DUI case?
While it’s theoretically legal to represent yourself in a DUI case, it’s never advised – especially not if you would like your case to go well in court.
- Why do I need an attorney?
An attorney represents your case, collects evidence and states your case to a judge; an attorney can also negotiate better terms in the event that you are convicted, or fight to ensure that you aren’t.
- What’s the difference between a misdemeanor and a felony?
Misdemeanors are considered less serious crimes, while felonies are more serious and carry heavier penalties. Both end up on your permanent criminal record.
- What about plea bargains?
- Will Udall Shumway represent my case?
This is what the free initial consultation is all about. During the first consultation, Udall Shumway takes a look at the presented evidence and lets you know whether we believe your case has merit – and we can only answer this question once we’ve seen the necessary evidence for each case.
- I’ve missed a court date. What now?
If you have missed a court date, this could mean a warrant issued for your arrest. Yes, you can still call an attorney if you have a warrant for your arrest issued or if you have missed a court date – and it’s advised that you do.
- I need help with a prior conviction.
The law allows for certain prior convictions to be expunged from your permanent record. If you have already been convicted and you would like to know if this could be possible for your case, make an appointment.
- What about cases other than a DUI?
If you are facing any other criminal charges, Udall Shumway represents more than just DUI cases. Get in touch to find out whether we’re able to represent your case and book your first free consultation from there.
In order to conduct any field sobriety tests during a roadblock or stop, officers have to prove probable cause for believing that there was a need to perform the stop, arrest or field test in the first place.
In order to admit evidence in court, officers have to prove that it was obtained in the right way. Proving that they had no probable cause to search, stop or test can be a successful defense to counter a DUI conviction.
Being forced into a situation where you were threatened or coerced into driving when you didn’t fully consent can change the circumstances of a DUI charge.
The same way, when the need to escape potentially dangerous circumstances force you into driving in an intoxicated state, it can also change the circumstances of your case.
Phoenix DUI FAQ
Any more questions? Here are some of the most common questions answered. Get in touch if you have any other questions about your case or you’re in need of some legal advice.
If you are convicted, an attorney can negotiate a plea bargain on your behalf – and this can mean that the final penalties you face are considerably less.
Call Udall Shumway
If you find yourself stuck with a complicated or terrifying legal situation, or you’re faced with police officers and unsure of where you stand with the law, you’d better call Udall Shumway.
Anything you say in a tricky
legal situation is likely to be held against you in court at a later date.
Don’t say anything until you’ve spoken to your lawyer.
When it comes to defending DUI charges, Udall Shumway has the experience it takes to hear out your case and represent you from initial consultation through to the final court case.
Remember that you have the
right to an attorney to ensure fair representation in court no matter the situation or seriousness of the charge – and you don’t have to say a single word until you’ve spoken to your attorney.
Don’t say anything, don’t attempt to represent yourself and don’t risk doing anything that could make your case or situation appear any worse in court.
Legal situations are terrifying to most people, but they don’t have to be. Call Udall Shumway and book your first free consultation to discuss your case today.
This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice please feel free to contact us at (480) 461-5300. Udall Shumway PLC is located in Mesa, Arizona and is a full service law firm. We assist Individuals, families, businesses, schools and municipalities in Mesa and the Phoenix/East Valley.
Udall Shumway PLC
1138 N Alma School Rd Suite 101
Mesa, AZ 85201