DUI

Phoenix DUI Attorneys

Knowledgeable Legal Counsel Throughout Maricopa County

According to the National Highway Transportation Safety Administration (NHTSA), Arizona apprehends about 27,000 drunk drivers each year and charges them with a DUI (Driving Under the Influence).

It doesn’t take a lot of drinking to reach a blood alcohol concentration (BAC) of 0.08 percent, the legal limit in the state. For each 12-ounce beer, 5-ounce glass of wine, or 1.5-ounce measure of hard liquor, your BAC generally increases by about 0.02 percent. Depending on your body weight and other factors, that means as few as three or, at most, five drinks will put you near or over the limit.

If you or someone you know is facing a DUI charge, it’s essential to seek professional legal advice immediately. Understanding the intricacies of DUI laws and the penalties involved can make a significant difference in the outcome of your case. Fortunately, Faussette & Faussette, PLLC brings extensive experience you can depend on!

Contact our team at (602) 905-2833 for skilled and compassionate legal representation from our DUI lawyers in Phoenix. We have years of experience handling DUI cases and will work tirelessly to defend your rights and protect your future.

Defense Strategies for DUI Charges

Facing a DUI charge can be overwhelming, but having a skilled DUI defense attorney by your side can significantly influence the outcome. DUI attorneys are well-versed in local laws, and they can identify weaknesses in the prosecution's case, potentially reducing or even dismissing the charges.

Attorneys at Faussette & Faussette, PLLC employ a variety of defense strategies tailored to the specifics of your case. These strategies may include:

Challenging the legality of the traffic stop: Questioning whether the officer had a valid reason to stop you in the first place.
Questioning BAC results: Investigating the accuracy and administration of breathalyzer and blood tests.
Examining police conduct: Ensuring that your rights were not violated during the arrest process.

With our experience and strategic approach, DUI attorneys can make a substantial difference in mitigating the consequences of a DUI charge and safeguarding your future.

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Why Choose Faussette & Faussette, PLLC?

Client-Focused Representation
Every case begins with understanding your unique circumstances, allowing the firm to build personalized legal strategies that protect your interests.
Honest & Transparent Communication
Clients receive clear guidance, straightforward answers, and regular updates so they can make informed decisions throughout their case.
Aggressive When It Matters Most
Whether negotiating a settlement or fighting in court, the firm stands up for clients' rights and pursues the best possible outcome.
Experienced Legal Advocacy
With nearly a decade of experience, Faussette & Faussette provides knowledgeable representation in criminal defense, personal injury, and family law matters.

Penalties for DUI Offenses

The penalties resulting from a DUI conviction in Arizona vary depending on different factors, including whether or not it is your first offense.

The escalating levels of penalties include:

First offense: Jail time of 10 to 45 days, a minimum of $500, and 90 days to one year of driver’s license suspension. Additional requirements may include a MADD Victim Impact Panel.
Second offense: Jail time of 90 to 180 days, a minimum fine of $500, and a license suspension of one year.
Third offense: Prison time of four months minimum, a minimum fine of $750, and a license suspension of one year.

All offenses require the installation of an ignition interlock device (IID) on all of your vehicles, meaning you cannot start your vehicle without passing a BAC breath test.

In addition, penalties can increase based on your class of DUI:

A basic DUI is one with a BAC above 0.08 percent and below 0.15 percent
An extreme DUI is one with a BAC of 0.15 percent or higher
An aggravated DUI is possible when your driver’s license has already been suspended, revoked, or canceled; it’s your third DUI within seven years; a passenger in the car was under the age of 15, or you refused to submit a breath sample while under an IID mandate.

A “Baby DUI” applies to drivers under 21. In these cases, any level of BAC is considered a DUI. Also, even if you’re 21 or older, you can still be charged with a DUI, though your BAC may be below 0.08 percent.

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Hear about our clients experience with us

"Got my entire case diverted and won’t even show up on my record."
Nick Faussette was incredibly competent and amazingly attentive from the very start.

- Ross M.
"Communicative, honest, pragmatic and highly competent attorneys."
Assess your situation grounded in the law to create a comprehensive strategy to provide the best possible outcome.

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"Her representation was thorough and well prepared."
She is overjoyed, relieved and pleasantly surprised with the simplicity and swiftness.

- James M.
"They've done amazing and incredibly outstanding job."
If I had a way for giving Jacob Faussette 100 stars, I could have done so, but since 5 is the highest, then he deserves all of them.

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"I would not hesitate to work with him."
He did such an amazing job and really helped my family.

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"Jacob Faussette is the best lawyer ever"
I would recommend anyone to have Jacob fight for your justice.

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"I'm 100% satisfied!"
Jacob was assigned my case by the public defender's office but worked my case as if I paid him $20,000.

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"I've been affiliated with the Faussette brothers for a while now."
Jake and Nick will fight through a blizzard or sandstorm to make sure your case doesn't turn into ruins.

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What Constitutes a DUI in Arizona?

In Arizona, a DUI charge can arise from driving with a blood alcohol concentration (BAC) of 0.08% or higher.

However, for commercial drivers, the threshold is lower at 0.04%, and for drivers under the age of 21, any detectable amount of alcohol can result in a DUI charge. Furthermore, Arizona law also covers driving under the influence of drugs (both illegal and prescription drugs that impair driving ability).

Arizona DUI FAQs

Here are some frequently asked questions about DUI laws and penalties in Arizona to help you better understand your rights and what to expect if charged with a DUI.

What should I do immediately after being charged with a DUI?

When an officer pulls you over and starts questioning you about your condition or whether you’ve been drinking too much, remember that anything you say can be used against you.

You are entitled to have an attorney present for questioning.

Be polite and acknowledge the officer’s questions, but you should exercise your right to say as little as possible. Once you state your name and show the officer your license, insurance, and vehicle registration, tell the officer that you will answer any further questions with an attorney present.

Reach out to a DUI attorney as soon as possible. The sooner you have professional representation, the better your chances of navigating the legal process effectively.

Can I refuse a breathalyzer test in Arizona?

Another myth or misunderstanding of the law is that you do not have to submit to a breathalyzer test. Under Arizona’s “implied consent” laws, all drivers are required to submit to a breathalyzer or blood test. If you refuse, your license will be suspended for one year. A second incident and refusal results in a two-year suspension.

Some people arrested for a DUI feel that it’s not worth fighting the charge, and it is better just to plead guilty and get it over with. However, this assumes that stopping you and your vehicle was based on clear probable cause, that the breathalyzer or blood test was administered correctly, and that the arresting officer didn’t overstep their boundaries by arresting you and violating your rights.

There are several valid defenses to DUIs, and some drivers can get the charges dropped or reduced with good legal representation.

Contact us at (602) 905-2833 today to schedule a consultation and learn how we can help you build a strong defense.

How can a DUI affect my insurance rates?

A DUI conviction can significantly increase your insurance premiums. Insurers view DUI offenders as high-risk drivers, which translates to higher costs.

Are there alternatives to jail time for DUI offenders?

In some cases, first-time offenders may be eligible for alternative sentencing programs, such as alcohol education classes or community service. Discuss these options with your DUI attorney to see if they apply to your case.

Can I be charged with a DUI, even if I wasn't driving?

A DUI charge seems to imply that you’re actually operating your vehicle. However, this is not always the case. Just sitting in your car with keys ready or in the ignition can also result in a DUI charge.

Even “sleeping it off” in your car can lead to a DUI, though it sometimes can be a defense as well. The “sleep it off” defense asks the judge or jury to decide whether you were using your car as shelter, or whether you were just delaying the public threat of drunk driving.

How long will a DUI charge last on my record? Can I expunge a DUI charge?

Another concern for people with DUI convictions is how long the offense will stay on their record. The short answer is “forever.” However, keep two things in mind: The notation on your Department of Motor Vehicles (DMV) record expires after five years. Your criminal record, though it lasts forever, does not factor into a second DUI offense after seven years.

In other words, a second DUI after seven years will again result in a first-offense charge.

You can request an expungement of your criminal record, which is called “setting aside” your conviction. The court may grant this depending on how long it’s been since your conviction, the severity of the offense, and your overall behavior since your conviction.

Call Faussette & Faussette, PLLC Today

Facing DUI charges in Phoenix can be daunting, but you don’t have to go through it alone. Legal counsel can make a world of difference in navigating the complexities of DUI laws and penalties. At Faussette & Faussette, PLLC, we are dedicated to providing you with the support and guidance you need during this challenging time.

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