Mesa DUI Lawyer
Mesa Arizona DUI Lawyer M. Paul Fischer
CALL NOW FOR A FREE CASE EVALUATION
Office Phone: (480) 461-4650
Law Firm of M. Paul Fischer, P.C.
40 North Center Street
Mesa, AZ 85211
- Areas of Practice:
- Medical Malpractice
- Personal Injury
- Wrongful Death
- Motor Vehicle Accidents
- Child Support
- Custody & Visitation
- University of San Diego School of Law, San Diego, California, 1970
- Arizona State University, Tempe, Arizona, 1965
- Professional Associations and Memberships:
- East Valley Bar Association
- Maricopa County Bar Association
- American Bar Foundation
- State Bar of Arizona
- Phi Delta Phi
If you or your family need an Arizona attorney, please contact The Law Firm of M. Paul Fischer, P.C.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.
Arizona First Offender
Most DUI arrests in Arizona involve two common DUI charges: 1) driving while impaired, and 2) driving with an alcohol content of 0.08 or higher within 2 hours of driving. Offenders are commonly charged with both.
Your license will be taken and automatically suspended or revoked for a period of 90 days to two years depending on the number of priors.
A first offense extreme DUI carries a minimum sentence of 30 days in jail, 20 of which can be suspended under certain conditions (which in Maricopa County usually means that a first-time offender will serve at least 10 days in Sheriff Joe’s tent-city.
First Offender Penalties (BAC .08 or higher):
You will most likely pay a $250 fine, spend a day in jail, get probation, submit to a drug/alcohol evaluation and treatment, and have your driver’s license suspended for a minimum of 90 days. Over 90 % of Arizona DUI offenders plead guilty.
JAIL: Minimum 10 consecutive days in jail. Maximum 6 months. The court may suspend 9 of the 10 days if you agree to get an alcohol and/or drug evaluation, and submit to treatment.
FINE & COSTS: $250.00 fine, plus a surcharge, plus an additional $250.00 assessment to the Arizona DUI abatement fund. However, fines can be as high as $2500 plus surcharges.
LICENSE: The MVD will suspend your drivers’ license for 90 days.
COUNSELING: If recommended in your evaluation and you want the Judge to suspend all but one day in jail.
PROBATION: You will probably be placed on probation, usually for one year, but possibly for up to five years.
First Offender--Extreme DUI (BAC above .15)
JAIL: 30 consecutive days in jail. The Court may suspend 20 of the 30 days if you agree to get an alcohol and/or drug evaluation, and submit to treatment.
FINE & COSTS: $250.00 fine, plus a surcharge, plus an additional $250.00 assessment to the Arizona DUI abatement fund.
LICENSE: The MVD will suspend your drivers’ license for 90 days.
COUNSELING: If recommended in your evaluation, the Judge may suspend all but ten days in jail.
PROBATION: You may be placed on probation for up to five years.
IGNITION INTERLOCK DEVICE: You will be required to have an Ignition Interlock Device installed on your vehicle.
NOTE: Extreme DUI is still a misdemeanor, not a felony. DUI arrests involving injury, death, and damage to property are commonly felonies with substantially greater penalties, as are repeat offenses with two or more prior DUIs.
If you refuse the BAC test, your license may be suspended for one year. This is true even if you are found not guilty of the DUI charge.
Alcohol Abuse Screening:
First time offenders must complete an alcohol abuse screening, in order to avoid jail time. The court may order you to obtain counseling, education, or treatment if the court or the screening facility determines that you have a substance abuse problem.
If you did not cause serious physical injury to another person, has not been convicted of a prior drinking and driving, you are entitled to a reduced punishment of a thirty day suspension and a sixty day restricted license.
A restricted drivers license allows the driver to operate a motor vehicle to and from work, medical appointments, and counseling sessions.
If you have a commercial driver’s license and are arrested while operating a commercial vehicle with an alcohol concentration of .04 or more:
You will be sentenced to serve not less than ninety days in jail, thirty days of which shall be served consecutively, and will not eligible for probation. Fine: $500. You license will be revoked for one (1) year, and you may be sentenced to some community service.
However, the judge may suspend all but thirty days of the sentence if the person completes a court ordered alcohol or other drug screening, education or treatment program.
First DUI violation with a BAC above .01 but below .18: you will have to serve ten days in jail, pay a fine of at least two hundred fifty dollars, and you may also be ordered to perform community service. License suspension: two (2) years.
First offense and your BAC is .18 or higher then you are guilty of an ’Extreme DUI’. Criminal penalties are the same as for an adult (see above). License suspension: two (2) years.
Do You Need a Lawyer?
Every state has some sort of "drunk driving" statute. The term "drunk driving" is in quotes because none of these laws require that you be "drunk" or "intoxicated" to be guilty. All that is required is that your ability to operate a vehicle has been impaired to any extent at all or that your Blood alcohol level exceeds the state limit (which is now .08% in all states). Some states call it DWI (Driving While Intoxicated), but it refers to the same offense. The consequences of differ drastically from state to state and are influenced by your age, blood alcohol limit (BAC), whether you have been arrested for in the past, and whether you caused injury or death during the .
A Lawyer can help...
Assess your legal situation
An experienced Defense lawyer can help you understand what you are up against and the fines you may be required to pay. A lawyer mostly deals with matters and knows the process inside and out – including options that a public defender may not tell you.
Explain the consequences
The consequences of a vary greatly from state to state and a lawyer will be able to explain how those consequences in your state apply to you such as (1) harsher punishments for those arrested with BAC limits over .08, (2) special laws for underage drivers arrested for , (3) possible community service or plea bargaining, (4) overlapping jurisdiction of Courts and your state's motor vehicle licensing department to suspend or revoke your license, and (5) contingent license programs that allow you to use your vehicle to get to and from work.
Manage the process
Dealing with the motor vehicle department can be frustrating and time consuming. A Lawyer can manage the process for you by completing the required forms; making phone calls; scheduling and/or representing you at a Motor Vehicle Department suspension hearing, and making other necessary arrangements.
Represent you in court
An experienced Lawyer knows the ins and outs of the courtroom and may be able to obtain a lesser sentence for you if your situation and state law allows for it.
Don't know if a Lawyer is right for you? Here are some general guidelines:
Definitely hire a Lawyer if you already have several 's and receive another; or if your arrest was the result of an accident or if anyone was injured; or if you are a professional driver whose livelihood depends on keeping your license.
Seriously consider hiring a Lawyer if you've been arrested for a second (in the same or another state) or were arrested with a BAC limit over double the legal limit as harsher penalties may apply.
You might want to hire a Lawyer if you don't understand your rights or laws, what you need to do, or the consequences you face. You also might want legal representation if you are in a profession (or plan to be) that requires bonding or in which any criminal conviction might prevent you from getting or keeping a professional license. If you don't know the requirements, then you need expert advice before handling the case yourself.