Phoenix DUI Lawyer | DUI Defense in Arizona
Channel: David Michael Cantor
Date: 2010-10-01

Watch this Phoenix DUI Lawyer video to learn more about Arizona DUI Laws, Phoenix DUI Penalties, DUI Defenses, and Dealing with the DMV.  Phoenix DUI Lawyer David Cantor.

The Difference Between DUI & DWI
Both DUI and DWI charges are equally serious and carry matching punishments. Extreme DUI and Super Extreme DUI, however, carry more severe penalties. Arizona usually files two or three charges against you:

DUI (A.R.S. §28-1381 (A)(1)) Driving Under the Influence of intoxicating liquor (or drugs).
DWI (A.R.S. §28-1381 (A)(2)) Driving with a Blood Alcohol Content (BAC) of 0.08% or greater within two hours of driving.
If your BAC was 0.15% or higher then you have an Extreme DUI which you can learn more about here.

The DUI charge, by itself, does not require a breath reading. It deals with suspicion of driving while under the influence, according to the manner of driving, physical and mental symptoms of impairment, or verbal admissions.

The DWI charge does require a breath reading, but it does not require that the accused have a BAC of .08% or greater "at the time of driving". It prohibits anyone from having a BAC of .08% or higher within 2 hours of driving if the alcohol was consumed during, or before, driving the car.

Last year, Senate Bill 1200 modified the language of the statute regarding jury trials for first time DUI cases. Before SB1200, Arizona Revised Statutes Section 28-1381(f) ensured any person charged with a DUI the right to a jury trial upon request. SB1200 modified the language of that statute to give judges discretion to grant or deny requests for a jury trial for first time misdemeanor DUIs.

In some courts judges used this discretion to uniformly deny all requests for jury trials on first time misdemeanor DUIs." West Mesa Justice Court, for example, issued a "new DUI law implementation policy" that specifically stated "[a]nyone whose date of offense for first-time non-extreme DUI is after 12/31/11 will NOT be given the option of a jury trial." This default position to deny jury trials violated the constitutional rights of Arizona citizens.

If your Blood Alcohol Content(BAC) was over 0.15% you have an Arizona Extreme DUI which you can read about here. If you have a Felony Charge then you have an Arizona Aggravated DUI which you can read about here.

Regular DUI or DWI -- The penalties for a first conviction of non-extreme DUI or DWI are: a mandatory minimum of 10 days in jail -- 9 days can be suspended only upon completion of mandatory attendance at alcohol screening (approximately $50); any recommended classes (approximately $500); and a minimum fine and surcharge of approximately $1,537.00. The maximum can be six (6) months' jail. In addition, the court now must order one (1) year of a mandatory IID (Ignition Interlock Device) being attached to your steering wheel, which requires you to blow into the device every time you start your car. In addition, you must then continue to blow into the device every 15 minutes to keep your car's ignition on! Lastly, if the court chooses, they can order "more than twelve months" of an interlock device in severe cases. Click here for more information about First Offense DUI.

It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®). Also, David Michael Cantor is a skilled DUI Lawyer in Arizona, and a Certified Criminal Law Specialist, per the Arizona Board of Legal Specialization. In addition, the Firm and all of its DUI Lawyers in Arizona are listed in the Bar Register of Preeminent Lawyers®. At the Law Offices of David Michael Cantor, P.C., the majority of our Attorneys are ex-Prosecutors, and all of our DUI Lawyers in Arizona know the system well. For a free initial consultation, call us at 602-307-0808.

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