Phoenix DUI Lawyer

DUI Attorney in Phoenix, AZ

Facing DUI charges in Phoenix can be terrifying. Whether you’ve been pulled over on West Dunlap Avenue or have been arrested following a night out with friends downtown, being charged with driving under the influence of drugs or alcohol is overwhelming, and you may not be aware of what to do next. In these trying times, hiring an experienced and trusted Phoenix DUI lawyer can make all the difference when it comes to the outcome of your case.

Davidson Criminal Defense & DUI Law Firm: Defending Your Rights

Since our firm was formed in 2005, the team at Davidson Criminal Defense & DUI Law Firm has been fighting for the rights of individuals in driving under the influence (DUI) cases all across the greater Phoenix and Scottsdale areas. With our proven track record of success when it comes to seeking reduced charges or case dismissals, you can trust us to do what is right for your unique situation. We won’t go down without a fight.

Get Aggressive Defense from an Experienced DUI Attorney

It can happen to anyone. You’ve been at a party, or were just hanging out with friends, when you’re driving home and see the lights come on behind you. Your mind immediately begins to race.

• “How much did I drink tonight?”
• “Will I pass the breath test?”
• “What if I get arrested?”

If the worst happens, and your BAC is over the limit, your driver’s license will immediately be suspended. and you may have to spend the night in jail.

Make Joshua S. Davidson your first call! He is available to come to your defense 24/7!

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What Are Arizona’s DUI Laws?

Every day in the United States, 32 people are killed in cases of DUIs. Driving under the influence (DUI), also known as driving while intoxicated (DWI) in some states, is the criminal offense of operating a motor vehicle while impaired by drugs or alcohol. A DUI charge is based upon a person’s ability to operate a vehicle.

• If you consume any alcohol, no matter the amount, and your ability to drive is impaired, you can be convicted of DUI.
• You can also be convicted of DUI based on your blood alcohol concentration (BAC), which can be determined by a blood or breath test. In the case that drug use is suspected, a urine test will be conducted.

In the state of Arizona, the legal BAC limit is 0.08% for people over the age of 21. If a person has a blood alcohol concentration over .08 it is illegal for them to drive, even if their driving does not appear to be impaired. On the flip side, if a person’s BAC is below the legal limit of .08 and their driving appears to be even the slightest bit impaired, they can still be charged and found guilty of DUI.

Arizona also has a zero tolerance law that applies to anyone under the age of 21. If someone underage is caught operating a motor vehicle with any amount of alcohol in their system, they will be charged with DUI, whether they are driving impaired or not.

What Penalties Will I Face If Convicted of DUI?

Depending on the type of DUI charge, you may face serious penalties including fines, the loss of your driver’s license, probation, jail time and court-ordered community service and alcohol treatment programs. When you have been charged with driving under the influence of alcohol or drugs, it is imperative that you act at once and contact a Phoenix DUI attorney to review your case.

Attorney Joshua S. Davidson is a former prosecutor with the Major Crimes Division of the Maricopa County Attorney’s Office. His experience in that office has given him a unique view into the mind of the prosecution and he is prepared to provide aggressive legal representation to help you fight to avoid penalties. In the state of Arizona, the penalties for a DUI conviction depend on the type of DUI that was charged and the defendant’s criminal record.

If this is your first offense and you are charged with a standard DUI, you can face any or all of the following:

• A fine of $1250
• Up to 10 days in jail
• Alcohol or drug screening, treatment, or education program
• Ignition interlock device installed on your vehicle
• Community service

After the first offense, any subsequent charges carry much more severe penalties, including jail time of two years and suspension of your license for 12 months or more.

At the Davidson Criminal Defense & DUI Law Firm, we have successfully defended clients against the following DUI charges, and more:

• Extreme DUI
• Super Extreme DUI
• Aggravated DUI
• Underage DUI
• DUI Accidents
• Vehicular Manslaughter

Dealing With the Police When They Suspect a DUI

Being pulled over by the police can be a frightening experience. The flashing lights in your rearview mirror, the chatter of the dispatcher over the officer’s radio and the bright flashlight being shined in your face create an incredibly intimidating situation which would make anybody nervous regardless of whether or not they have been drinking.

These types of encounters can become all the more terrifying if you’ve had the misfortune of consuming an alcoholic beverage prior to the traffic stop. It is important to understand that DUI officers are looking for a reason to arrest you from the moment they contact you.

If you are unable to quickly produce your driver’s license or misspeak when answering questions because your nerves are addled, these mistakes can be interpreted as potential signs of alcohol impairment which could result in further investigation.

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It Is Important to Understand Your Rights

Arizona law requires you to produce your driver’s license, registration and proof of insurance if you are pulled over by the police. You are not required to answer any questions, including the typical “Where are you coming from?” and “How much have you had to drink tonight?” Most DUI officers will want you to perform roadside field sobriety tests if they believe you have been drinking. Although they are not required to tell you these tests are voluntary, you are under no legal obligation to participate. It is often unwise to participate in these tests for several reasons.

For example, under Arizona law a police officer can arrest a motorist for DUI based only on their observations while conducting the “eye” test. While the officer will likely tell you that he just wants to look at your eyes to make sure you’re okay to drive, he is looking for very subtle changes in the movement of your eyes and you will have no way of being able to dispute his claimed observations after the fact.

Similarly, the physical coordination tests simply do not give you a fair shake. The officer will not tell you ahead of time how he is scoring the test and, at the end of the day, it is your word against his with regard to your performance.

Once the officer believes that he has probable cause that you are impaired, he has the ability to place you under arrest and invoke Arizona’s implied consent law. Once this occurs, the officer can compel you to submit to a blood, breath or urine test. If it can be demonstrated in court that the officer lacked probable cause to conduct the arrest, the results of the chemical test may be thrown out and could result in a dismissal of the case. If you have been drinking to the point where it is not safe to drive, call a cab or get a ride.

If, however, you find yourself in a situation where you are suspected of driving while impaired, you are under no obligation to assist the police in obtaining a blood sample by participating in tests or answering questions that may justify their decision to arrest you.

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Attorney Joshua S. Davidson

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What Happens After a DUI Arrest?

DUI Offenses and Charges in Arizona

There are two legal proceedings that follow a DUI arrest:

The criminal proceeding (which takes place at court) includes the following procedures:

• At the initial appearance, a judge will decide whether or not you can be released on bail and how much your bond will be set at.
• A preliminary hearing may then be held, and here the judge will review evidence to decide if DUI charges are supported by evidence demonstrating probable cause.
• At the arraignment the court will formally advise you of the DUI charges that have been filed against you by the State
• A pretrial conference will be held where the defense attorney can attempt to negotiate to have the DUI charges reduced or dismissed.
• The actual criminal trial will then be held for the prosecutor and defense attorney to present evidence and arguments resulting in either a verdict of guilty or not guilty.

The civil proceeding (which takes place at the Arizona Motor Vehicle Division [MVD]) is held to determine if your license will be suspended.  There are two types of MVD hearings:

• Admin Per Se Hearing: This hearing is for defendants who submitted to a blood, breath or urine BAC test.  This hearing will determine if you were driving, if you were arrested for DUI, if a breath, blood or urine BAC test was offered by the officer, if the test was successfully completed, and what the results of that test were (if the result was above .08).
• Implied Consent Hearing: This type of hearing will be held for those defendants who refused to submit to sobriety testing.  This hearing will determine if you were driving, if you were arrested for DUI, if an officer properly requested a blood, breath or urine test, if you conveyed to the officer that you would not take the test, and whether or not the failure to take or complete the test was due to a fault or choice of your own.

Arizona DUI Defense

With the help of a competent Phoenix DUI Attorney, you can navigate the above steps with much greater ease.  It is vital to the preservation of your driving freedoms that you appear in court and in hearings at the appropriate time with the appropriate documents.

You can easily make mistakes if you are not familiar with Arizona DUI procedure.  Joshua S. Davidson is experienced in handling all types of driving under the influence cases from simple DUI through more serious charges such as aggravated DUI, extreme DUI and super extreme DUI.

At the Phoenix Davidson Criminal Defense & DUI Law Firm, we focus on DUI defense and are dedicated to assisting those accused of DUI throughout Maricopa County. No matter what kind of Phoenix DUI crime you have been charged with, or how many DUIs are on your record, we can help protect your driving privileges and represent you throughout the entire process.  From your initial arrest, to court, to your MVD hearing, we will be with you every step of the way providing the best legal advice and direction possible.

Contact Phoenix Drunk Driving Defense Lawyer Joshua S. Davidson today to discuss your DUI charges.

What to Do Following a DUI Arrest in Phoenix?

If you are stopped and pulled over while under suspension of your license for drinking and driving, or otherwise driving impaired, it is natural to feel some sense of panic. However, there are certain behaviors you will want to avoid and certain steps you will want to take that can impact the future of your case.

If you are pulled over in a DUI traffic stop in Phoenix, ensure that you take the following steps to help protect yourself and your rights:

• Pull over when directed. If you see blinking lights in your rearview mirror, pull over. The worst thing you can do for your case is try to evade the police. Trying to evade the police, pulling over too quickly or in an unsafe place, or driving erratically can weaken your future defense strategy.
• Remain calm and polite. It is important that you remain calm and cooperative while speaking with the police. If you are difficult or argumentative, this can harm your future case.
• Don’t make any sudden movements. Do not make any quick or sudden movements, as this could make the officers suspicious and increase the danger of your situation. Instead, place your hands on the wheel and remain calm.
• Remain silent. You have the right to remain silent. You can provide the officers with your name and basic information, such as your vehicle registration, but once this information has been given, you can remain silent until your lawyer is present.
• Call your lawyer. As soon as you can, contact an attorney who can defend you against these charges. A little over 2% of criminal cases are actually brought to trial, and this is often due to the presence of a lawyer in your case.

What Defenses Are There for DUI Charges?

If you have been charged with DUI, regardless of your blood or breath test results, you need to have your case evaluated by an experienced DUI defense attorney. There are numerous defenses to DUI charges, many of which have nothing to do with your alleged BAC.

For example, if the police were lacking reasonable suspicion when they pulled you over, or failed to follow proper procedure when administering the blood or breath tests, your case could be dismissed. We will also closely examine the maintenance records of the machine used to test your breath or blood, and should we find any irregularities with the equipment, we can utilize that information to the fullest extent possible.

DUI cases can be difficult because many of the state’s trial witnesses are police officers who have received training and have experience testifying in court. Because many DUI cases need to go to trial, you should have a seasoned, reputable DUI defense lawyer who knows what to expect at court.

As a former DUI prosecutor, I am well versed in all aspects of DUI law and will put my knowledge and experience to work for you.

Hire a DUI Lawyer From Davidson Criminal Defense & DUI Law Firm Today

If you have been arrested for a DUI in Phoenix, don’t lose hope. You have options. However, the clock is ticking, and you need to secure legal counsel as soon as possible. When looking to hire a DUI lawyer who will benefit your case and fight these charges on your behalf, you need a legal champion like attorney Joshua S. Davidson and his team. Together, they can review your case, determine the right course of legal action, and fight for your rights. Contact our office today.