Drunk Driving Defense in Phoenix
According to the Maricopa County’s Attorney’s Office more arrests occurred for drunk driving in 2008 in Arizona than any other type of arrest—39,991 arrests. Billar & Donald, P.C. has extensive experience defending clients’ rights in Phoenix drunk driving cases.
A drunk driving accident in Phoenix can have serious repercussions for all parties involved. In 2008, 4,240 alcohol-related crashes occurred in Maricopa County, causing 2,888 injuries and 132 deaths. Close to 60 percent of all driving fatalities in Arizona involved drunk driving.
Drunk driving law in Phoenix
While most DUI cases are handled as misdemeanors, a serious Phoenix drunk driving accident or aggravating circumstances may result in felony charges. Aggravating circumstances for drunk driving often include:
- Repeated DUI convictions within five years of the current offense
- A passenger in the car who is 15 years or younger
- Driving with a suspended or revoked license
Drunk driving in Phoenix that causes serious injury or death may result in felony charges for negligent homicide, vehicular manslaughter, or even murder in the second degree, depending on whether the reckless driving was knowing and intentional with full awareness of the dangerous consequences.
How drunk driving laws in Phoenix affect a case
Mitigating and aggravating circumstances affect sentencing for drunk driving offenses, which is why retaining an experienced lawyer is vital to protect your rights. How your DUI is charged and the type of sentencing received depends on circumstances surrounding the incident, a prior criminal record, and the influence your attorney has with the prosecutor and judge. While some aspects of sentencing are mandatory, other aspects are discretionary.
A seasoned DUI lawyer can help you make important decisions during the course of your Phoenix drunk driving defense—such as whether the case should be tried before a jury of six people, or whether you should waive your rights to jury trial and have your case heard by a judge.
Mounting a strong defense
In mounting an effective Phoenix drunk driving defense, Billar & Donald, P.C. devises strategies appropriate for the case, using challenges or motions, such as:
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- Challenging the breath or blood test
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- Challenging probable cause to arrest
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- Filing a motion to suppress evidence
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- Challenging a field sobriety test
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- Filing a motion to for case dismissal
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Get legal help with Phoenix drunk driving law
DUI Law
DUI Process
Contact Billar & Donald, P.C., or call 1-888-442-3236.