Expectations

Types of DUI Cases

There are several types of DUI cases and certain types of cases are much more serious than others. If you have a prior DUI conviction or if your driver's license was suspended, revoked, cancelled, refused, or restricted at the time of the alleged DUI offense, you might be facing a much more serious DUI charge than the first time DUI offender. The attorneys at Leonardo and Roach understand that different DUI charges require a different defense strategies. Our DUI attorneys specialize in DUI defense and can provide you with the experienced representation you need to ensure that you get the best possible outcome for your case.

First Offense DUI:

A first offense DUI is a Class 1 Misdemeanor criminal offense that is very serious. With a first offense DUI, there are a range of penalties the judge may impose so it is important to involve in your case experienced DUI attorneys such as ours at Leonardo and Roach as soon as you are charged.

A DUI case usually consists of two citations. Our Phoenix and Arizona DUI attorneys refer to these citations as the (A)(1) charge and the (A)(2) charge. A person violates the (A)(1) charge by driving or being in actual physical control of a motor vehicle while his/her ability to drive is impaired to the slightest degree by alcohol, drugs or any combination.

A person is charged with violating the (A)(2) charge if his/her blood or breath alcohol concentration is greater than the statutory limit. The limit was 0.10% B.A.C. before August 31, 2001, and then the limit dropped to 0.08% B.A.C. A person violates this statute if his/her alcohol concentration exceeds the limit within two hours of driving.

There are also two less common types of DUI, called an (A)(3) charge and an (A)(4) charge. An (A)(3) charge is used if the defendant is suspected of driving under the influence of drugs. An (A)(4) charge can result if the defendant is driving a commercial vehicle with a B.A.C. of 0.04% or more.

If the defendant's blood or breath alcohol concentration exceeds the statutory level he/she will probably also receive an admin per se or Implied Consent Affidavit. This is notice that the Motor Vehicle Division plans to suspend the defendant's driver's license or Arizona driving privileges. This is an important document because if it is not responded to immediately (by requesting a hearing), the license will be suspended on the fifteenth day after the defendant was served with the affidavit.

The defendant can request an M.V.D. hearing or he/she can contact DUI attorneys for assistance. There is nothing to lose by requesting a hearing and such a request will help to delay and/or avoid the suspension.

Second Offense DUI:

If you have been previously convicted of DUI in the past 5 years (date of arrest to date of arrest) you will be facing a longer mandatory jail term. A second DUI conviction within five years would also require a minimum one-year driver's license revocation. Revocation is more serious and this means your driver's license does not automatically come back unless you reapply and are approved. A person who is convicted of a second offense will be required to install and maintain a vehicle interlock device on all personal vehicles he/she drives, for a period of at least one-year following the restoration of the driver's license.

Extreme DUI:

Extreme DUI is a more serious version of the second offense DUI charge. This is also a relatively new law that took effect on December 1, 1998. A violation of Extreme DUI occurs when your blood or breath alcohol concentration exceeds a greater statutory limit.

Arizona Revised Statue § 28-1382 defines Driving Under the Extreme Influence of Intoxicating Liquor. The statutory limit for Extreme DUI is 0.15% B.A.C.

Extreme DUI With a Prior Conviction:

An Extreme DUI with a prior DUI conviction in the previous 5 years.

Aggravated DUI:

Aggravated DUI is the most serious type of DUI and can be committed several different ways:

Aggravated DUI With No Valid Driver's License.
Aggravated DUI with two prior convictions in the past five years.
Aggravated DUI with a child under 15 in the vehicle.

You have a right to a jury trial on Aggravated DUI.

Aggravated DUI on a Suspended, Revoked, Canceled, Refused, or Restricted Driver's License:

This form of Aggravated DUI is a Class 4 Felony that requires a mandatory prison term upon conviction. County jail and work release programs are not available under this law and the presumptive prison term is three years. The minimum mandatory prison term is four months but if the defendant is released on probation, he/she will return to prison if there is a subsequent violation.

Aggravated DUI With Two Prior Convictions in the Past Five Years:

A defendant can be indicted for Aggravated DUI if he/she has two prior DUI convictions in the past 5 years. Thus, a third offense DUI is often an "Aggravated DUI". In these types of cases, there are two primary elements:

The current DUI charge is an element of the offense and all of the defenses to regular DUI can be raised, and
The prior DUI convictions are an element of the offense and must be valid and have occurred within the five year period.

You have a right to a jury trial on Aggravated DUI and a separate trial on the issue of prior convictions.

Aggravated DUI With a Child Under 15 in the Vehicle:

If you commit a DUI or Extreme DUI while a person under fifteen years of age is in the vehicle. Normally, a separate felony charge is filed for each child in the vehicle. The State treats this as an extremely serious offense and our attorneys recommend that you seek legal representation immediately.

A Class 6 Felony carries a presumptive prison sentence in the Department of Corrections of 1-year, with a mitigated sentence of six months and an aggravated sentence of 1.5 years. Instead of a prison term, a judge may order up to 10 years of supervised probation with conditions which may include alcohol counseling, a fine, and up to 12 months in the county jail.

A judge has the authority to designate the offense a misdemeanor or felony. The judge may also treat the offense as open-ended offense, in which case it will be designated a misdemeanor upon successful completion of probation or designated a felony if the judge chooses