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DUI Attorney Tucson

How Do You Beat a DUI in Arizona?

The Arizona Supreme Court has set a particularly hostile tone towards DUI-related offenses.

Whether you’re a law clerk at one of the state’s many DUI checkpoints, or an Arizona college student driving home, the key to beating misdemeanor or felony DUI charges is to prevent them. 

The second best measure for beating a DUI charge is having a good DUI lawyer through a reputable law office. Tucson DUI lawyers are here to offer you their criminal defense services and help you beat your DUI case. Our Tucson criminal defense lawyers are available to provide you with a free consultation regarding any DUI charges you or a loved one may face.

Dui Law Sign With Judges Hammer

Types of DUI in Arizona

Each DUI scenario is treated differently based on what you’re charged with. Your AZ defense lawyer can help you to decipher which defense is best for your Arizona DUI defense. 

First-Time DUI

The first offense in Arizona will lead to imprisonment for no less than 10 consecutive days and a fine of no less than $1,250. You will be required to undergo alcohol screening/education/treatment. You will also have to equip any vehicle you operate with a certified ignition interlock device, and perform community service.

Extreme DUI

An “Extreme DUI” in Arizona is a misdemeanor criminal charge. The penalties for an extreme DUI are harsher but not as brutal as those for a super extreme DUI or aggravated DUI.

Super Extreme DUI

Super extreme DUIs are classified as a Class 1 misdemeanor. You can be charged with a super extreme DUI when you’re found to have a BAC of .20% or higher within two hours of driving or being in control of a vehicle.

Aggravated DUI

An aggravated DUI is a Class 4 felony charge. It carries extremely severe penalties. If convicted, drivers face a mandatory minimum prison sentence, even when it’s the first. 

Repeat DUI Offenders

About one-third of all drivers arrested for drunk driving are repeat offenders. When convicted of a second DUI you can get up to 180 days in jail, community service, and fines totaling up to $3,000. 

Underage DUI

Arizona has zero tolerance when it comes to people under the age of 21 drinking. The under 21 defendants can face criminal charges when they are found to have consumed any amount of alcohol at all.


A DUI conviction can lead to the loss of your commercial driver’s license. An Arizona DUI CDL suspension could last from one year to a lifetime. 

Drug DUI

Driving under the influence of drugs is a class 1 misdemeanor. It is punishable by up to 6 months in prison, $2,500 in fines, and 5 years of probation. There are mandatory minimum penalties if convicted of a DUI for drugs in Arizona.

Prescription Medication DUI

According to Arizona law, an individual is prohibited from driving under the influence of prescription drugs or pills, alcohol, and other controlled substances. If anyone takes a pill or medication, then operates their vehicle, they can be pulled over and arrested for a DUI.

Now there are times when you’re behind the wheel and have been pulled over. When that happens, here are the next most important things to remember:

Pay Close Attention to the Police Officers at the Scene

By keeping a close eye on officers during your stop, you may notice mistakes that could cause charges against you to be dropped. Telling DUI lawyers what you observed, and their law firm launching a thorough defense investigation could help the charges go away.

Awareness of Probable Cause

Arizona DUI laws clearly state that to stop your vehicle, probable cause must be present. Police randomly combing the Tucson area for drunk drivers isn’t probable cause. If you’re arrested under such circumstances, you strengthen your chances of getting that charge dismissed. Keep this in mind. 

Refuse Everything

All courts, state and federal, must honor your right to refuse to take a breathalyzer or a field sobriety test. However, be aware that the Arizona legal system has tricks and traps associated with refusal. Always follow up with your lawyer after refusal to see how you may be legally obligated to proceed.

Effective Defenses in Challenging DUI Cases in Arizona

When dealing with the criminal justice system, an aggressive litigation style can be the difference between a DUI felony offense turned misdemeanor DUI, or a charge turned into a dropped charge. Aggressive representation focuses on strategies to turn your potential felonies into fines, and on getting your DUI and criminal charges dismissed altogether. 

Here are some potential defenses known to get results:

  • You weren’t impaired during the stop
  • The methods of diagnosing intoxication cannot be trusted
  • Your rights were violated by the arresting officer

Criminal Defense DUI Lawyer

Tucson AZ law firms are fighting day and night to help people beat criminal charges like:

  • Driving under the influence
  • Domestic violence
  • Driving with a suspended license
  • Aggravated DUI
  • Various vehicular offenses
  • Felony assault charges

Defending numerous criminal matters like these is part of what keeps the best lawyers in Tucson motivated to continue providing quality legal services to the public. Southern Arizona has some of the most dedicated criminal defense lawyers in the country. Contact us for a free consultation on your case.

Person With Cuffed Hands

Your Future After a Tucson DUI Arrest

In Tucson AZ, a great deal of intense public scrutiny comes with every DUI-related offense. The smallest misdemeanor DUI charge can feel like an extreme DUI nightmare. With their expertise in criminal law, Tucson DUI lawyers are here to advocate for clients with the thoughtful discretion and empathy demanded that clients deserve while facing such accusations.

Tucson DUI Lawyers

When it comes to alcohol-related offenses in Tucson, a person could easily get stressed out. The legal process can be so confusing, not to mention being concerned about losing driving privileges, the stigma of a DUI DWI-related arrest, and the hostile position from state and federal courts regarding Arizona DUI-related offenses. 

Contact us, we can connect you with a Tucson criminal defense attorney from one of our law offices in Arizona to help with your arrest. No need to worry about court and appeals and losing driving privileges. With the right DUI attorney, most Tucson DUI cases will go before an experienced litigation counsel and are pled down into lesser charges long before ever reaching court. 

Can I Refuse a Chemical DUI Test in Arizona?

Yes, you can refuse, but there are risks built into the system. After refusing, a hearing must be requested with the MVD and the Arizona Office of Administrative Hearings. This hearing will prevent the automatic 12-month suspension of your driver’s license. This is because the refusal of the test falls under “implied consent” to have your license suspended by the state.

This legal trap can be difficult to navigate your way through, and committing to refuse any voluntary testing in Tucson Arizona, committing to refusing any tests is an essential step in assisting your DUI attorneys in mounting a successful DUI defense, and avoiding the burdens of a conviction.

Breath Testing Variables

The breath test is a common way for law enforcement to engage with DUI-related matters, it is far from a full-proof process, and there can be many errors present that can get your charges dropped. The testing variables are as follows:

  • Temperature
  • Breathing technique
  • Breath Blood Partition Ratio

Good legal representation will cite these variables as part of your DUI defense strategy. These factors can be used to help you beat your case. The most scientific way to know if someone is intoxicated is via a blood test. Law enforcement, state, and federal courts must respect that without a warrant or your permission, there will be no blood test.

Field Sobriety Testing

Field sobriety tests (FSTs) are used to determine if a driver is intoxicated. However, FSTs have their flaws. Even a sober person can fail an FST. If your lawyer can demonstrate the inaccuracy of your FST, it may be enough to successfully fight off an Arizona DUI conviction, or at least get your case pled down to a minor offense. 

The facts are:

  • Breathalyzers have design flaws, are used improperly, and malfunction
  • Field sobriety tests are often flawed and don’t prove intoxication
  • Intoxication cannot be proven through the presence of objective symptoms

Without a warrant, you cannot be made to take a blood test meaning that without that warrant, the most scientifically accurate way of knowing your blood alcohol concentration is available cannot be used against you.