Phoenix DUI Lawyer Blog

If you were charged with a Tempe AZ DUI that does not mean you will automatically be convicted. You are innocent until proven guilty, you have a constitutional right to defend your DUI charges and hire a qualified DUI lawyer who will fight to get your Tempe DUI charges dismissed.

The penalties for conviction of a Tempe DUI (driving under the influence) or Tempe DWI (driving while intoxicated) conviction depend primarily on the type of DUI for which you were charged. Also, whether or not you have a prior DUI or other criminal record has an impact on sentencing. If you face DUI charges in Tempe AZ you should consult a Tempe AZ DUI Lawyer or Criminal Lawyer in Tempe AZ who defends DUI charges in Tempe AZ on a regular basis. When you consult them, be sure to let them know the type of DUI you were charged with, and any prior Criminal or DUI conviction history, so they can help you further.

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

DUI "with a prior" DUI, or other Criminal history
Any Tempe AZ DUI or Tempe AZ DWI is serious. All DUI convictions include mandatory jail sentences as well as other penalties. A DUI in Tempe AZ 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.

Tempe AZ DUI Penalties
Tempe DUI penalties are governed by the State DUI laws of Arizona. The penalties can be found comprehensively described by visiting "azleg.gov/ArizonaRevisedStatutes." Below are penalties for described types of DUI charges cited in part as follows?
"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..."

Any Tempe DUI conviction will expose you to the following penalties:
• Incarceration in Jail
• Fines, Fees, Costs,
• Mandatory Ignition Interlock Device installed in your automobile at your expense for a court ordered amount of time,
• Alcohol or drug screening and mandatory participation in counseling, or treatment program.

A Tempe AZ felony DUI also known as "aggravated DUI" conviction carries much more severe 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.

Tempe DUI Lawyers and Tempe AZ DUI Defense
Arizona has some of the toughest DUI laws and penalties in the country if you are convicted. If you were arrested for a Tempe DUI, does not automatically mean you will be convicted. You have a constitutional right to defend your DUI charges and hire a qualified DUI lawyer who will fight to get your Tempe DUI charges dismissed.
If you wish to have any chance of getting your Tempe DUI dismissed, it is necessary for you to hire an experienced Tempe AZ DUI Lawyer who often defends DUI and criminal charge in Tempe Court. A DUI lawyer in Tempe AZ will defend you through every phase of the Arizona criminal justice process. They will be familiar with the Tempe Court protocol, requirements. judges, prosecution, and defenses that can be used to fight to get your charges dismissed. They will build and present compelling legal arguments in your defense. Hiring the best AZ DUI lawyer that you can will drastically increase your chances of getting your DUI charges dismissed, reduced or an otherwise much 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.