DUI/DWI Frequently Asked Questions

The following are mandatory jail terms for first time misdemeanor DUI convictions under current Arizona law:

  • Blood Alcohol Concentration between .08 and under .15% - 10 days jail
  • Blood Alcohol Concentration of .15% and below .20% - 30 days jail
  • Blood Alcohol Concentration of .20% and above - 45 days jail

How can I best defend myself?

If you are faced with fighting DUI charges in court, an experienced DUI lawyer is your best defense. Cliff Hill knows the many aspects of DUI law and has defended many client's faced with a DUI charge.  He can take necessary steps on your behalf such as verifying the proper use, maintenance and calibration of breath/blood testing equipment used by law enforcement to build their case against you, utilize expert defense witnesses, and assure that your rights were not violated. This is crucial, considering that a DUI conviction in Arizona can put you in jail, affect your ability to drive a car and may even affect your ability to obtain or keep a job.

What do officers look for when pulling someone over for DUI?

Officers will suspect DUI if a driver's car is speeding, swerving, or otherwise driving erratically. Officers also sometimes set up sobriety checkpoints to catch drunk drivers outside of drinking establishments, on holidays, or as deemed appropriate.

If I am pulled over do I have to take a field sobriety test?

No. You can refuse to take any and all field sobriety tests such as walking in a straight line, following an object or light with your eyes, touching your nose with your finger, etc.

Am I required to consent to blood alcohol testing?

Because you are driving, it is implied that you have given consent for a law enforcement agency to test your blood alcohol level if you are suspected of driving under the influence. You are not required to take such a test, but refusal to do so could result in the immediate suspension of your license for no less than 1 year. However, your consent to such testing needs to be voluntary.  An officer needs to inform you about “implied consent” and the fact that if you refuse blood alcohol testing your license will be suspended. If your consent is not voluntary or the officer fails to advise you of implied consent, this could result in a stronger defense for your case.

What is the legal blood alcohol limit in Arizona?

A person driving with a blood alcohol concentration (BAC) or blood alcohol level of .08% or above is deemed to be driving under the influence. If a chemical test shows a result higher than .08 BAC, your driver's license will be suspended, which can happen prior to a court conviction. Under current Arizona DUI law there is also a mandatory jail term of anywhere between 1 to 180 days, depending upon your BAC level at the time of arrest and other factors

Law Office of Cliff L. Hill, PLLC

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