Flagstaff DUI Lawyer

Aggressive Defense Against DUI Charges in Coconino County

A DUI conviction can have a significant impact on anyone’s life. Reaping criminal penalties like license revocation can make getting to work difficult or impossible, and simply having a DUI conviction on your record can result in not being considered for employment or housing opportunities. As you can imagine, this can make it very challenging for convicted individuals to preserve their financial security and well-being.

Preparing for criminal court after DUI charges can be daunting and confusing. Luckily, you don’t have to navigate the complex legal process alone. At The Zickerman Law Office, PLLC, our aggressive Flagstaff DUI defense attorneys have almost two decades of experience representing clients in Flagstaff and beyond. Our firm understands that no one is perfect, and anyone can find themselves on the wrong side of the law. It is critical to understand DUI laws and associated penalties in Arizona.

Are you facing a DUI charge in Arizona? Call The Zickerman Law Office, PLLC today at (928) 323-0910 or contact us online to schedule a meeting with our DUI attorney in Flagstaff! 

DUI Laws in Arizona

In Arizona, DUI (Driving Under the Influence) laws are enforced to deter individuals from operating vehicles under the influence of alcohol or drugs. Here are some key points regarding the standard DUI laws in Arizona:

Blood Alcohol Concentration (BAC) Limits

The legal BAC limit for most drivers in Arizona is 0.08%. However, there are lower limits for specific groups:

• Commercial drivers: 0.04%
• Underage drivers (under 21 years): 0.00% (zero tolerance)

Implied Consent

Arizona has an implied consent law. By driving on the state's roads, you are deemed to have consented to a breath, blood, or urine test if an officer has reasonable grounds to believe you were driving under the influence.

What are the Penalties for DUI in Arizona?

In Arizona, the penalties for driving under the influence (DUI) are strict and can vary depending on several factors, including the number of prior offenses and the level of impairment. The following are the general penalties for DUI in Arizona:

First Offense

• Jail: Minimum 24 hours (up to 10 days)
• Fines and fees: Minimum $250, plus additional assessments
• License suspension: 90 days
• Ignition interlock device (IID): Required for at least 12 months
• Alcohol or drug screening/education/treatment programs: Mandatory participation

Second Offense (within seven years of the first Offense)

• Jail: Minimum 30 days (up to 90 days)
• Fines and fees: Minimum $500, plus additional assessments
• License suspension: 1 year
• IID: Required for at least 12 months
• Alcohol or drug screening/education/treatment programs: Mandatory participation

Third Offense (within seven years of the second Offense)

• Jail: Minimum four months (up to 2.5 years)
• Fines and fees: Minimum $750, plus additional assessments
• License revocation: 3 years
• IID: Required for at least 24 months
• Alcohol or drug screening/education/treatment programs: Mandatory participation

Is DUI a Felony in Arizona?

In Arizona, a DUI (Driving Under the Influence) offense can be charged as a felony under certain circumstances. Here are the circumstances under which a DUI can be considered a felony in Arizona:

Aggravated DUI: A DUI becomes an aggravated DUI, which is a felony offense if any of the following conditions are met:

• The driver commits a third DUI offense within 84 months (7 years).
• The driver commits a DUI offense while their driver's license is suspended, canceled, revoked, or refused.
• The driver commits a DUI offense with a passenger who is under 15 years of age in the vehicle.
• The driver commits a DUI offense while ordered to install an ignition interlock device (IID) in their vehicle.

DUI with Serious Bodily Injury or Death: If a DUI results in serious bodily injury or death to another person, it can lead to felony charges such as Aggravated Assault or Manslaughter, depending on the circumstances. These charges carry severe penalties and consequences.

When Can DUI Penalties Be Reduced?

In Arizona, a “wet reckless” refers to a plea bargain or negotiated reduction of a DUI charge to a lesser offense, such as reckless driving. A wet recklessness typically applies when the prosecution and defense can negotiate a plea deal allowing the defendant to plead guilty or no contest to a reduced charge of reckless driving with alcohol involvement. The distinction between a wet reckless and a DUI conviction is substantial, as the former can allow the defendant to avoid the full severity of a DUI conviction.

Remember that the specific terms and conditions of a wet reckless plea bargain can vary depending on specific factors of the case. It’s imperative to consult with a trusted Flagstaff DUI lawyer before making any final decisions, as they can utilize their specialized legal knowledge and skillset to determine the most effective legal strategy to employ on your behalf.

Defenses Against DUI Charges

Various legal strategies can defend against DUI charges in Arizona, including:

• Lack of probable cause – The police must have had probable cause to pull over the driver and administer a field sobriety test or breathalyzer. If the stop was not legally justified, an attorney may be able to get the charges dismissed.
• Inaccurate breathalyzer results – Breathalyzer tests are not always accurate and can produce false positives. An attorney may be able to challenge the results of the test by questioning the calibration of the machine or the qualifications of the officer administering the test.
• Field sobriety test errors – Field sobriety tests are often used to determine whether a driver is under the influence of drugs or alcohol. However, these tests are subjective and can be affected by factors such as poor lighting or uneven pavement. An attorney may be able to challenge the results of the test by questioning the officer's qualifications or the conditions under which the test was administered.
• Medical issues – Certain medical conditions can produce symptoms that are similar to those of intoxication. An attorney may be able to use medical evidence to challenge the results of the field sobriety test or breathalyzer.

It's important to note that each case is unique and the success of any defense strategy will depend on the specific circumstances of the case. It's crucial for anyone facing a DUI charge to consult with our experienced criminal defense attorney to determine the best course of action.

Contact Our Flagstaff DUI Attorney Today

The moment you’re charged with a DUI, the clock is ticking. Failure to secure swift and experienced representation from a qualified Flagstaff DUI attorney can result in serious consequences. Fortunately, at The Zickerman Law Office, PLLC, our lawyers have successfully defended clients throughout Coconino County for almost 20 years.

With hundreds of cases handled in Flagstaff and beyond, our dedicated firm has the knowledge and experience to handle your case with wisdom, integrity, and unwavering resolve. Don’t jeopardize your future by settling for less than a superior legal defense. Reach out to our office today to learn how we can help reduce or dismiss the charges against you.

Contact The Zickerman Law Office, PLLC today to schedule a consultation with our DUI lawyer in Flagstaff!