This is proper. It is also proper, however, that we remain vigilant in safeguarding the rights of individuals charged with DUI and related criminal offenses.

The Law Offices of John Phebus will not take a DUI case unless we have a good-faith belief that the matter can be successfully resolved. Successful resolution means a dismissal, acquittal or a negotiated disposition to a lesser charge. WE WILL NEVER ALLOW A CLIENT TO PLEAD GUILTY OR "NO CONTEST" TO A DUI  UNLESS, AFTER A THOROUGH INVESTIGATION, WE CONCLUDE SUCH A PLEA IS IN THE CLIENT'S BEST INTEREST.

The Charge

Over the years, the public’s perception of drunk driving has evolved. What the public once viewed as a common indiscretion is now viewed as a serious crime and public health hazard. State legislatures all over the country are engaged in a feeding frenzy of "feel-good" legislation in response to pressure exerted by well-financed political interest groups. As a result, ordinary citizens -- many of whom are not intoxicated or impaired at the time of driving -- are being arrested in record numbers and forced to defend against criminal charges. Given our current political climate, DUI is a serious criminal charge.

In 1996, over two-million people were arrested in the United States for DUI/DWI. More people are charged with "DUI/DWI" than any other criminal offense. That year, 43,040 DUI cases were processed in Arizona’s limited jurisdiction courts (i.e., Municipal Courts, Justice Courts) alone. In the City of Phoenix, 93% of all persons charged with DUI pled guilty without going to trial to fight the charges against them. By pleading guilty, they gave up their right to have a trial before a jury; to confront their accusers; to refute the evidence against them and to force the government to prove each element of every charge against them beyond a reasonable doubt.
 

Possible Penalties

1st Offense Misdemeanor

The maximum potential penalty is 6 months in jail, 5 years of probation, a fine of $2,500 with a surcharge of approximately 80%, alcohol counseling, and the loss of your license for at least 90 days. The minimum penalty is 10 days of jail with the possibility of 9 days suspended pending the alcohol screening and counseling. The normal fine is approximately $955. The one-day of jail required must be served. There are additional penalties within the court's discretion. 

2nd Offense Misdemeanor

The maximum penalty is the same as a first offense except that the second conviction in 5 years will result in the revocation of your driver's license for one year. The minimum penalty is 90 days in jail with the possibility of 60 days suspended pending the alcohol screening and counseling. The normal fine is approximately $1,955. Your license will be revoked for one year. There are additional penalties within the court's discretion. 

Extreme DUI

If your blood alcohol level is .150 or greater within two hours of driving based on a blood, breath and / or urine sample, you could be convicted of EXTREME DUI. This offense is also a misdemeanor offense. However, the Court will be required to sentence you to a minimum 30 days of jail and suspend your license for one year. Normal fines are approximately $1,705 with the same screening and counseling requirements as the other misdemeanor offenses. If this happens to be your second misdemeanor DUI offense, then you will also faced enhanced punishment including 120 days of jail with the possibility of 60 days suspended and a fine of approximately $800. There are additional penalties within the court's discretion. Additionally, if you are convicted of Extreme DUI, you will be required to have an Ignition Interlock (breath test machine) installed on your car for at least one year. You must blow into it before your car will start and periodically as you travel down the road.

Work Release/Home Arrest

If you are sentenced to serve a jail sentence, the court has the discretion to allow you work release from the jail. You may be required to serve one or two days in jail prior to your release taking effect. Although the statutes provide for home arrest, many courts do not have a system in place to allow for it. 

Aggravated DUI

It is a felony to get a third DUI in five years or any DUI while your driver's license is revoked, suspended or restricted for any reason. If you are convicted of class 4 felony DUI, you will face a possible prison sentence. Normally, you will receive a grant of probation. However, if granted probation, the Court is required to incarcerate you in the State Prison for 4 months as a condition of probation. As a felony, the maximum fine you could face is $150,000. You will have your license revoked for at least 3 years. There is no work release. In addition, the State may forfeit your vehicle. There are additional penalties within the court's discretion. If you are convicted of a class 6 felony, you will also face the three-year revocation of your driver's license, the same fine as above, and the possibility of incarceration ranging from 4 months to 2 years. The penalties are even more severe for a second offense Aggravated DUI or if you have any prior felony convictions.

As a DUI lawyer, what would you do if you were stopped for a DUI? 

1. Immediately request an attorney -- Ask officer to note time of my request.
2. Refuse to answer ANY questions (Other than name and address).
3. Produce requested documents ... be polite even if the officer isn’t.
4. Refuse ALL field sobriety tests.
5. Take a breath/blood/urine test.

I have some questions about my DUI case. Where can I go for answers?

Contact our firm offers a free, no-obligation initial consultation.