Phoenix DUI Lawyer Blog

If you were recently charged or arrested for a Gilbert DUI and have not gone through the phases of the Gilbert criminal justice system, you are still considered "innocent" until and unless proven "guilty". A charge is not a conviction. And the key to a winning defense is to find is hire the best Gilbert AZ DUI defense attorney as early as possible.

Gilbert DUI and DWI courts depend primarily on two factors for sentencing as follows: :
1) What type of DUI or DWI charges you have;
2). Your prior DUI or criminal history

If you face any type of DUI or DWI charge in Gilbert, AZ should consult an AZ DUI Lawyer or Criminal Lawyer who defends DUI or criminal charges in Gilbert AZ Court.
When you contact the DUI attorney's office, be sure you speak directly with the attorney, not a sales representative or screener. In order to assist you with your questions, the AZ DUI attorney will need to know the type of DUI you with charged with and any prior DUI or criminal record you have, if any. If you are told you must go through their screening or administrative staff before you are allowed to speak with an attorney, it may be a good idea to contact another one.

Types of Gilbert AZ DUI - DWI Charges
• Impaired to the Slightest Degree or BAC above .080 (first offense)
• Impaired to the Slightest Degree or BAC above .080 (second offense)
• Extreme DUI BAC .150 -.199 (first offense)
• Extreme DUI BAC .150 -.199 (second offense)
• Super Extreme DUI BAC .200 or higher (first offense)
• Super Extreme DUI BAC .200 or higher (second offense)
• Class 4 Felony Aggravated DUI - the result of 3rd DUI in 7 years or DUI while driver's license was suspended or restricted.
• Class 6 Felony Aggravated DUI - the result of DUI with child under 15 years of age in the vehicle.

DUI - DWI "with a priors" DUI, or other prior Criminal Convictions
Any Gilbert AZ DUI or DWI should is a serious offense. All DUI - DWI convictions require mandatory jail and other adverse punishments. A Gilbert DUI -DWI Charge "with priors" or an existing criminal record will result in a more severe sentencing if convicted.
A previous DUI is considered "a prior" if it occurred within the last 7 years or 84 months regardless of what state it occurred.

Gilbert AZ DUI Penalties
Gilbert DUI definitions, classifications, sentencing and penalties are governed by the guidelines, and minimum sentencing rules of the State Laws of Arizona. These references can be found in detail under each type of violation at "azleg.gov/ArizonaRevisedStatutes. Here are a few citation references to send you in the right direction to find exactly what you are looking for"
"...Article 3 Driving Under the Influence 28-1381. Driving or actual physical control while under the influence; trial by jury; presumptions; admissible evidence; sentencing; classification 28-1382 Driving or actual physical control while under the extreme influence of intoxicating liquor; trial by jury; sentencing; classification 28-1383
Aggravated driving or actual physical control while under the influence; violation; classification; definition..."

Gilbert AZ DUI Sentencing
Minimum sentences exist for any Gilbert DUI - DWI conviction. However, the Gilbert AZ Court usually has the authority of ordering additional penalties if they deem necessary based on the facts, and your prior criminal history if any.
Gilbert DUI or DWI convictions will expose you to the following minimal penalties:
• Mandatory Jail;
• Fines, Fees, Costs;
• Mandatory Installation of a costly Ignition Interlock Device installed in your vehicle (at your expense), for a court ordered amount of time;
• Alcohol or drug screening which may result in mandatory participation in a certified counseling, or treatment program.

Gilbert AZ Felony DUI - DWI
A Gilbert AZ felony DUI also known as "aggravated DUI". Convictions for aggravated DUI charges are far more serious and carry harsh penalties. These usually include extended incarceration in jail or prison, depending on the circumstances in your case. They also include higher fines, fees, and costs, probation, among other penalties.

Gilbert DUI Lawyers and the need for DUI Defense Gilbert AZ
If you were charged or arrested for a Gilbert DUI and have not gone through the phases of the Gilbert criminal justice system, you are still considered "innocent". You are innocent until and unless proven "guilty" in a court of law. A charge or an arrest is not a conviction. No matter how high your BAC or any other circumstances surrounding the charges, you still have the right to challenge the DUI charges. You also have the right to a defense attorney. Don't waive this right. It is one of the most important rights you have after an arrest. And choose your DUI attorney wisely. For a winning defense or the best possible outcome in your case, make sure you choose a private practice attorney, who has the time and resources to spend to fight your DUI. The best Gilbert AZ DUI lawyers will fight to get your Gilbert DUI charges dismissed, reduced sentence/penalties, or an otherwise better outcome in your case.

AZ criminal and DUI laws and legislation are subject to change. For accurate and current information on the law, contact James Novak, experienced Arizona DUI and criminal defense Attorney.