Criminal Defense

DUI

Just because you were arrested for DUI, doesn't mean there are no legal issues in your case. Chelsie Talcott is experienced in evaluating DUI investigations, interviewing officers, and poking holes in the State's case.

We are available 24/7. (602) 595-5222

Important issues to examine are:

  • Was there a legal basis to stop you?
  • Can the State prove you were driving or in actual physical control of the vehicle?
  • Did the officer administer tests properly?
  • Did the officer gather evidence properly?
  • Were there any constitutional violations?
  • Were there any breath and/or blood testing errors?
  • What defenses can be presented?

Chelsie Talcott will negotiate for a plea agreement with reduced charges and penalties, if desired. If a plea agreement is not desired, Chelsie Talcott has effective trial advocacy skills for fighting your case at trial.

Arizona has multiple levels of misdemeanor DUI charges. For any misdemeanor DUI offense, the maximum sentence the court may impose is 6 months jail (180 days), $2,500 fine plus surcharge, and up to 5 years of probation. Each level of DUI has certain mandatory minimum penalties by law.

DUI — Impaired to the Slightest Degree

Class 1 misdemeanor

Most people are aware of the "legal limit" of .08 BAC in Arizona. However, this can be misleading because a person does not have to have a BAC over .08 in order to be charged with a DUI. Arizona Revised Statute §28-1381(A)(1) makes it a crime to drive or be in actual physical control of a vehicle while impaired to the slightest degree from any intoxicating liquor, drug, vapor releasing substance containing a toxic substance or any combination of the same.

DUI Over .08

Class 1 misdemeanor

Arizona Revised Statute §28-1381(A)(2) states that it is unlawful for a person to drive or be in actual physical control of a vehicle if the person has an alcohol concentration of .08 or more within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle.

Under this charge, there is no requirement that the State prove that a person is impaired; rather, they only have to prove a person was driving or in actual physical control with a BAC over .08 within two hours.

Extreme — BAC Over .15 but less than .20

Class 1 misdemeanor

Arizona Revised Statute §28-1382(A)(1) states that it is unlawful for a person to drive or be in actual physical control of a vehicle if the person has an alcohol concentration of 0.15 or more but less than .20 within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle.

Super Extreme — BAC Over .20

Class 1 misdemeanor

Arizona Revised Statute §28-1382(A)(2) states that it is unlawful for a person to drive or be in actual physical control of a vehicle if the person has an alcohol concentration of more than .20 within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle.

DUI — Drugs

Class 1 misdemeanor

Arizona Revised Statute § 28-1383(A)(3) states it is unlawful for a person to drive or be in actual physical control of a vehicle while there is a drug defined in A.R.S. § 13-3401 or its metabolite in the person's body. The prohibited drugs include illegal drugs like marijuana, cocaine, methamphetamine, and heroin, as well as prescription medication that was not prescribed.

Many people are surprised to find out that they can be charged with a DUI after taking their legally prescribed medication. A person using a drug as prescribed by a licensed medical practitioner, who is authorized to prescribe the drug, is not guilty of the charge DUI Drug charge pursuant to § 28-1383(A)(3); however, the person is usually still charged with A.R.S. § 28-1381(A)(1) DUI-Impaired to the Slightest Degree (outlined above).

2nd DUI

A second DUI within 84 months (7 years) significantly increases the mandatory minimum penalties for levels of DUI outlined above.

Aggravated DUI

There are four ways to commit Aggravated DUI in Arizona. A DUI can become a felony when a person commits any of the DUIs outlined above AND:

  • His or her driver's license or privilege to drive is, for any reason, suspended, canceled, revoked, refused (or restricted pursuant to prior DUI), or
  • Drives without an ignition interlock while required to have an ignition interlock, or
  • Has a child in the car under 15 years old, or
  • Commits a third DUI within 84 months (2 prior conviction.

DUIs are a complicated area of law. It is important to contact an experienced attorney to represent you. Chelsie Talcott has represented hundreds of people charged with DUIs and is very familiar with the legal issues and penalties.

Guide: first-offense DUI in Arizona — penalties and what to expect

Guide: the MVD hearing and the 15-day deadline

Guide: clearing a DUI — set-aside and record sealing

Arizona’s alcohol-concentration thresholds
Alcohol concentration Level
No BAC threshold Impaired to the slightest degree
.08 or more DUI
.15 – .20 Extreme
more than .20 Super Extreme

Common questions

What are the penalties for a first-offense DUI in Arizona?

A first regular DUI is a class 1 misdemeanor carrying at least ten consecutive days in jail — nine of which can be suspended on completion of alcohol screening and any ordered treatment — roughly $1,500 in fines and assessments, a license suspension, and a certified ignition interlock. Extreme and super extreme DUIs carry substantially more mandatory jail time.

Can I refuse the breath or blood test?

You can, but under Arizona's implied consent law (A.R.S. § 28-1321) a refusal triggers a twelve-month license suspension — longer for a repeat refusal — and officers will ordinarily obtain a warrant and take a blood sample anyway. Refusal rarely keeps the evidence out of the case.

Will I lose my driver’s license after a DUI arrest?

A DUI arrest usually triggers an administrative suspension through the MVD that runs separately from the criminal case, and you have only 15 days from service of the suspension notice to request a hearing. Restricted driving privileges are often available for part of the suspension. That deadline passes quickly — it is one of the first things we address.

Can a DUI charge be dismissed or reduced?

Sometimes. DUI cases are won on details: the legality of the stop, how field sobriety tests were administered, the handling and accuracy of the blood or breath evidence, and the timeline of the investigation. Where the State's case has problems, dismissal or reduction to a lesser charge such as reckless driving can be on the table.

How we work

What happens after you call.

Every case is different, but the first four steps rarely are.

  1. The free consultation

    We listen to what happened, explain the charges or the claim in plain language, and tell you what the realistic outcomes are. There is no cost and no obligation.

  2. Getting the evidence

    We obtain all relevant discovery — police reports, videos, photographs, 911 recordings, witness statements — and thoroughly investigate before anyone commits to a position.

  3. Building the defense

    We interview witnesses, raise relevant defenses, draft pre-trial motions, and negotiate with the prosecutor for dismissal, diversion, or a lesser charge.

  4. Resolution or trial

    Most matters resolve before trial. If yours does not, we are confident going to court and will present the best case possible.

FREE INITIAL CONSULTATION

Contact us for a free initial consultation

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Phone
602-595-5222
Email
Chelsie@thetalcottlawfirm.com
Availability
We are available 24/7.

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