What to Do if You Are Charged With a DUI in Tucson
If you are charged with Driving Under the Influence (DUI), you may face potential incarceration, high financial penalties, and the suspension of your driver’s license. Even without a jail sentence, a driving license suspension can significantly impact your day-to-day life, especially when commuting to work, as you won’t be able to drive. If you have been charged with a DUI in Tucson, it’s important to immediately contact a DUI lawyer in Tucson and seek assistance to safeguard your legal rights.
In Arizona, the categories of DUI offenses are:
- Standard DUI is applicable in cases of Blood Alcohol Concentration (BAC) exceeding 0.08%. In the case of commercial vehicle operators, if alcohol consumption exceeds 0.04%, it is categorized as standard DUI. For individuals under 21 years old driving with any detectable alcohol concentration in their blood, it is a standard DUI.
- In cases of Blood Alcohol Concentration levels above 0.15%, it is categorized as Extreme DUI.
- In cases where the driver’s license was previously suspended, if it is a third offense within a period of 7 years or there’s a passenger below 15 years old in the vehicle, it will be categorized as Aggravated DUI.
Penalties for DUI convictions in Tucson vary based on these classifications. The penalties or punishment for DUI in Tucson are below:
A first offense for a standard DUI: Up to 10 days in jail, fines, mandatory drug treatment or education, installation of an ignition interlock device, and community service.
Second offense for a standard DUI: Up to 90 days in jail, increased fines, license revocation for up to a year, mandatory counseling or treatment program, ignition interlock device requirement, and community service.
Penalties escalate further for subsequent offenses. A conviction for aggravated DUI can lead to prison time, up to a year of license revocation, community service, treatment programs, and other sanctions. It’s crucial to note that DUI convictions in Tucson carry consequences from both the criminal court and the Motor Vehicle Division (MVD), significantly impacting personal freedom and daily life.
What to Do if You Are Charged With a DUI in Tucson
1. Collect Paperwork
Consolidate all the paperwork received regarding the DUI and safeguard it. Ensure you have the following documents:
- Your citation or any document listing the charges levied against you.
- The suspension notice issued by the officer, prominently displays ADOT (Arizona Department of Transportation) at the top. Your copy should be pink.
- Mandatory fingerprint compliance form.
- Impound sheet if your vehicle was towed.
- If the police officer opted for a breath test instead of taking a blood test, you need to have access to the breath test strip.
Get in touch with a DUI lawyer, show them the paperwork, and discuss your next steps.
2. Handling Charges of Aggravated DUI Under ARS 28-1382 or 28-1383
- If a charge of aggravated DUI is levied, and if you are not the registered owner of the vehicle, contact the owner immediately and ask to arrange for the removal of the vehicle impound. The vehicle can be released if the owner signs an agreement mentioning that the vehicle will not be loaned to any person driving under the influence or without a valid license.
- If you are the owner and married, take your spouse to the police station the following day. Your spouse will be required to sign an agreement to get the car released. The statement will confirm that the vehicle will not be used by you while under the influence of alcohol or without a valid license.
- If unmarried, you must wait the full 30-day period before the vehicle can be released. Plan for alternative transportation if you do not have access to another vehicle during this time.
3. Locate the Mandatory Fingerprint Sheet
Locate the mandatory fingerprint sheet and visit the designated police station at the specified date and time for fingerprinting. This process is routine and does not involve arrest. Every individual charged with a DUI in Arizona, regardless of innocence, is required to comply. It is strongly advised to fulfil this requirement as it is in your best interest to do so.
4. Handling the Pink ADOT Form:
- Review the Details: Check the form for the date it was received and served to you. Note when the 15th day falls, as this is your deadline to request a hearing with the Arizona MVD if you wish to contest the suspension.
- Check the Bottom Section: If the officer marked the second box under ARS 28-1385, your driving privilege is suspended for at least 90 days. It’s advisable to consult with a DUI attorney to understand your options. There are potential risks and benefits to requesting a hearing.
- Understand Refusal Allegations: If the officer marked the first box under ARS 28-1321, this indicates an allegation that you refused a test for alcohol/drug content. Contacting a DUI attorney is important, as you need to ensure the attorney requests a hearing within 15 days. There is no downside to requesting a hearing for a refusal allegation.
Handling DUI in Tucson
If you’ve been arrested and charged with a DUI, seek legal advice and guidance immediately from an experienced criminal defense attorney. Tucson’s Priscilla Frisby understands the State’s burden of proof in presenting physical evidence, such as blood alcohol content or substance analysis. With a strong presence in the courtroom, she excels in negotiation and is prepared to defend you at trial. Choosing Priscilla Frisby means selecting an attorney respected within the legal community. If you’re facing charges in Tucson and require assistance, contact Priscilla Frisby today for a complimentary consultation.