DUI Attorney In Phoenix
Long Experience In Personal Injury Cases
In essence, Morgan Sterling law firm combines legal acumen with a deep understanding of your needs, utilizing a mix of preparation, negotiation, and trial advocacy to win cases.
DUI Attorney In Phoenix
In Phoenix, Arizona, DUI (Driving Under the Influence) cases proceed through a set process that typically involves several stages.
Morgan Sterling Law DUI Attorneys win their cases in Phoenix by employing a combination of legal expertise, thorough case preparation, strategic negotiations, and effective courtroom presentation. DUI Cases includes initial investigation, arrest, court proceedings, and potentially a trial or resolution through a plea agreement.
1. Investigation and Arrest
- Initial Stop: A DUI case begins when a law enforcement officer pulls over a driver for suspected impaired driving. This could be due to erratic driving, speeding, or other violations that indicate possible impairment.
- Field Sobriety Tests: If the officer suspects impairment, they may ask the driver to perform field sobriety tests (FSTs). FSTs such as: walking in a straight line or standing on one leg, to assess coordination and balance.
- Breathalyzer or Blood Test: If the officer believes there is probable cause, they may request a breathalyzer test (to measure BAC) or take the driver to a medical facility for a blood test. A BAC of 0.08% or higher is legally considered impaired for most drivers over 21.
- Arrest: If impairment is confirmed, the driver is arrested and taken to jail. They will be booked, and the police may seize their driver’s license temporarily.
2. Post-Arrest Process
- Temporary License: If the driver had their license seized, they are typically given a temporary license for 15 days. It allows time to request a hearing to challenge the suspension of their driver’s license.
- Release: After arrest, the individual may be released with a court date or may be required to post bond depending on the severity of the charges.
We work to ensure you receive compensation that reflects not only immediate medical expenses but also pain, suffering, and any diminished future prospects.
3. Court Proceedings
DUI cases are generally handled in Phoenix Municipal Court if the arrest occurred within the city limits or in Maricopa County Superior Court for more serious DUI cases (such as those involving injury, death, or aggravated circumstances).
Key stages include:
- Arraignment: This is the first court appearance, where the defendant is formally charged. At this stage, the defendant enters a plea (guilty, not guilty, or no contest).
- Pretrial Conference: In this phase, the defense and prosecution may discuss the case, and the judge may set further hearings or schedule a trial. This is also the stage where plea negotiations often take place.
- Motions: The defense may file motions to suppress evidence or dismiss charges if there are legal grounds to do so.
4. Plea Bargaining or Trial
- Plea Bargain: Many DUI cases are resolved through plea agreements. The defendant may agree to plead guilty to a lesser charge or a reduced sentence in exchange for avoiding a trial.
- Trial: If the case goes to trial, the prosecution must prove the defendant’s guilt beyond a reasonable doubt. This typically involves presenting evidence, such as police reports, breathalyzer results, and testimony from the arresting officer. The defense may argue that the evidence was obtained improperly or that the defendant was not impaired.
5. Sentencing
If the defendant is convicted (either by plea or after trial), sentencing will follow. For a first-time DUI offense in Arizona, penalties can include:
- Fines
- License suspension
- Alcohol education programs or treatment
- Probation
- Jail time (possible but not mandatory for first offenses)
If the individual has prior DUI offenses or aggravating factors (such as extremely high BAC or a crash involving injury), the penalties will be more severe.
6. License Suspension or Revocation
In Arizona, a DUI conviction may lead to a driver’s license suspension. The length of the suspension depends on factors such as the BAC level and whether it’s a first or subsequent offense. The Arizona Department of Transportation (ADOT) oversees the suspension process.
7. Ignition Interlock Device (IID)
Depending on the circumstances, the court may require the installation of an ignition interlock device (IID) in the defendant’s vehicle. This device measures the driver’s BAC before allowing the car to start.
8. Appeals
If a defendant is convicted and believes the verdict was incorrect, they can file an appeal. This would be reviewed by a higher court, such as the Arizona Court of Appeals.
Key Factors in DUI Cases in Phoenix
- Mandatory DUI Education: Arizona requires those convicted of DUI to complete an alcohol or drug education program.
- Maricopa County DUI Task Force: A special law enforcement unit may be involved in DUI enforcement and checkpoints, which increases the chances of DUI arrests in the Phoenix metro area.
