Phoenix DUI Lawyer Blog

Scottsdale DUI Defense Lawyer

In Arizona, Scottsdale DUI Convictions Means Jail or Prison Time

Scottsdale DUI (Driving under the Influence) Laws are governed by Arizona State Law DUI and Criminal Code. The law requires that if convicted you will be required
to complete a jail or prison sentence, depending on the severity, circumstances and classification of the Scottsdale DUI charges. Even though you have been charged and arrested, you still have a constitutional right to a defense. A DUI charge is not yet a DUI conviction. A Scottsdale DUI - DWI is just the beginning. An experienced DUI lawyer who defends cases in Arizona Court will among other things, make you're your DUI charges are justified, that there were no constitutional rights violations, and look for weakness or flaws in the prosecution's case. "An Experienced Scottsdale DUI Lawyer may be able to reduce your DUI to a lesser charge, with lesser or no jail or prison sentence or even get your DUI charges dismissed completely." There job is to fulfill your constitutional right to a defense. And a good Scottsdale DUI Attorney's job is to use every available means through legal channels to do that.

Important Note: Depending on the severity, circumstances and classification of the Scottsdale DUI charges Scottsdale DUI convictions will include other penalties such as fines, fees, costs, probation, counseling, ignition interlock device, criminal record, and other punishments in addition to jail or prison time. Also, the jail or prison time may fluctuate depending on the facts of your case and criminal history, if any. Often the first question many people who have been arrested for DUI have is "If convicted, will I go to jail or prison and for how long?" The following is discusses the portion of the Arizona State Law that relates to incarceration portion of DUI conviction sentencing. Remember, the answer may not be the same, for everyone in every situation. Some Judges have discretion to increase the penalties and sentencing depending on your specific set of circumstances, criminal history and whatever the judge deems appropriate.

Arizona DUI Incarceration Minimum Sentencing Guidelines paraphrased from
A.R.S. 28 - 1381, 28-1382, and 28-1383:

• First DUI (non-extreme) .08+ BAC..................24 Hours in Jail
• Second DUI (non-extreme) 08+ BAC.................30 Days in Jail
• First DUI Extreme .15+ BAC ..........................30 Days in Jail
• Second DUI Extreme .15+ BAC.........................120 Days in Jail
• First DUI Super Extreme .20+ BAC....................45 Days in Jail
• 2nd Super Extreme .20+ BAC..........................180 days in jail
• Felony DUI (DUI with aggravated classification.....4 Months in Prison
.
The Scottsdale Court and Scottsdale Prosecutor will not help you to defend your case. To the contrary, they want a DUI conviction. Their job is to get Scottsdale DUI convictions, not to help the defendant. A word of caution, if you decide to go at it alone (not recommended): Basically, your side of the story will be disregarded or mute. In fact, without Arizona DUI legal representation and guidance by an Arizona DUI Lawyer or Criminal Defense Attorney who defends DUI charges frequently in Scottsdale Court, you may unknowingly be incriminating yourself further. The Scottsdale Prosecution and Scottsdale Court get a fast conviction with little work when a defendant goes unrepresented. And without a good AZ DUI defense attorney, are futile, and to the hopes of the prosecution, could very well make matters worse.

Your Scottsdale AZ DUI Attorney defending you in Scottsdale Court for your DUI, will be familiar with protocol, experienced with a vast amount of DUI litigation experience, have a clear understanding of Arizona laws, changes in law, and most importantly will know well what defenses can be used to build and mount a successful defense on your behalf. A good DUI Attorney in Arizona will do everything possible to get your case dismissed or a reduced sentence based on weaknesses in the prosecutions case. They will be the barrier between you and the Scottsdale Prosecution. They will be your voice of legal defense reason, and mount a strong defense on your behalf. A good Scottsdale DUI Attorney's goal is to make sure your rights are not violated, and that your future and freedom are protected. That's their job. Make sure you choose an Arizona Attorney who does their job well.

If you have been arrested for any Scottsdale Arizona DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, Felony DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Scottsdale DUI, Scottsdale Drug DUI, or any other criminal charge including theft, assaults, aggravated assault, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Scottsdale criminal Defense and DUI Defense Attorney James Novak (Former Prosecutor).

The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Mesa, Scottsdale, Phoenix, Chandler, Gilbert, Chandler, Queen Creek, Tempe and surrounding areas valley-wide in Maricopa County Arizona.

This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance.