Flagstaff DUI Lawyers

Whether you’re caught driving drunk in Flagstaff, Wichita, or anywhere else in the United States, if you have a blood alcohol concentration (BAC) limit of 0.08%, you can be charged with DUI. This limit drops to 0.04% if you are a driver, on or off the clock, operating a commercial vehicle–a moving van, school bus, semi-truck, delivery van, etc.

If you are drinking and driving underage in Arizona, the state has a zero tolerance law. In other words, if the slightest degree of alcohol is detected by a breathalyzer, you can face a DUI charge.

Impairment ‘to the slightest degree’ by alcohol or drugs is another way Arizonans get charged with DUI. This means if a law enforcement officer determines substance use is impairing your driving, even if your BAC is below the 0.08% limit, you can be pulled over and charged at the officer’s discretion.

Finally if there’s a presence of illegal drugs or the driver has consumed impairing prescription medications, a DUI arrest can be made.

Penalties for a DUI conviction in Arizona can and will increase with repeat offenses or aggravating circumstances.

Generally speaking, a conviction for driving impaired in Arizona looks like:

First Offense:

• 10 days minimum (one day may be suspended with alcohol education).
• Pay at least $1,500
• License suspension (90 days)
• Ignition interlock device (one year)

Second Offense

• 90 days minimum (30 days mandatory)
• Pay at least $3,000
• License revocation (one year)
• Ignition interlock device requirement (at least one year)

Extreme DUI

Driving with a BAC of 0.15 or higher can lead to an extreme DUI charge in Arizona.

• First offense: 30 days jail, fines exceeding $2,500
• Second offense: 120 days jail, fines exceeding $3,200

Aggravated DUI

Driving under the influence with a minor, a third DUI offense, wrong-way driving, or causing serious injury or death are all prime examples of aggravated DUI circumstances.

• Felony charges
• Jail/prison time (up to two years)
• License revocation (three years)
• Ignition interlock device requirement (length of time determined by the court)

• First DUI offense is a 90-day suspension (often 30-day full suspension, 60-day restricted driving).
• Second DUI offense, within seven years, lands a one-year revocation.
• Aggravated DUI convictions get a three-year loss of driving privileges.
• Refusing a breath, blood, or urine test gets a one-year suspension (first refusal), two years for refusing a second time–regardless of conviction.

Absolutely! We recommend you let us or your legal advisor take the lead, but there are many circumstances that can be used to challenge a blood-alcohol test. These include:

1. Accuracy of the device–was the breathalyzer correctly calibrated and properly maintained?
2. Testing procedures–was protocol followed when administering the tests?
3. Chain of custody–was the blood or urine sample handled, stored, and transported properly?
4. Medical conditions–medications and certain diseases could cause a false positive.

Yes. You may be able to get a reduced sentence if you are a first-time offender, your BAC level is slightly above 0.08%, there are no aggravating factors, and with a strong legal defense.

An experienced DUI law firm, like Antol & Sherman, can present evidence, identify protocol violations, and use their knowledge of Arizona law to mitigate punitive damages.

If you’re convicted of DUI in Arizona, you are required by law to pay for and maintain an ignition interlock device for a minimum of one year post-conviction.

• Auto insurance companies are not very forgiving when a customer is convicted of DUI. You can expect premiums to jump by 50% to 200%.
• Additionally, you will be labeled as a high-risk policyholder. And in a worst case scenario, your policy may be cancelled.
• After a serious DUI conviction, you may be required to file an SR-22 certificate of financial responsibility. It proves to the state that you carry the minimum required insurance and is often needed for a minimum of three years.

Getting arrested, charged, and convicted of drunk driving in Arizona is a costly offense. Here’s a breakdown of the fees associated with a DUI charge:

Fines & Fees

• $1,500 for a first offense
• $3,000 for extreme or aggravated DUI

Ignition Interlock Device (IID)

• $70 to $150 to install
• $60 to $80 per month for monitoring

Legal Fees

• $2,500 to $10,000 (or more) depending on complexity

Court Costs & Alcohol Education

• $500 to $1,000 for mandatory classes
• $250 to $500 for court fees

Increased Insurance Rates

• 50% to 200% increase in annual insurance premiums

License Reinstatement Fees

• $20 to $50 to reinstate license after suspension

Miscellaneous Fees

• $200 to $500 for towing and impound fees
• Lost wages due to court or jail time

You can refuse to take a field sobriety test without consequence. However, refusal may raise suspicion and lead to an arrest.

You cannot refuse to take a chemical test (blood or breathalyzer) without consequence. Arizona implied consent law means you will lose your license for at least one year the first time you refuse.

If you get pulled over for a second incident and have previously lost your license for refusing a chemical test, you will automatically lose your license for two years if you refuse again. And two years for each incidental refusal thereafter.

Yes. Driving under the influence, sometimes referred to as driving while intoxicated (DWI), is a crime that, if convicted of, results in a criminal record.

In some states, DUI criminals can apply for expungement–legally erasing a criminal conviction if specific criteria is met. Unfortunately, Arizona does not offer full expungement. The best you can hope for is having a conviction “set aside“–an acknowledgement that penalties and requirements have been completed.

Arizona does not provide for diversion programs to dismiss DUI charges. Alternate sentencing for first-time offenders may include alcohol education or treatment and reduced jail time with compliance to court requirements.

You can expect to spend close to a year working to resolve your DUI. Here’s a rough timeline from time of arrest:

• 30 days for initial court appearance
• One to three months for pre-trial hearings (depending on court schedules and plea negotiations)
• Three to six months for a trial (if no plea is reached)
• Three to nine months to resolve non-complex cases

Yes. You are free to travel; however, probation or court restrictions may require prior approval. You can also travel internationally as a DUI conviction does not impact your ability to obtain a passport.

Some countries may deny entry based on criminal records.

Note that if your license is suspended in Arizona, you are not legally allowed to drive anywhere in the United States due to the Driver License Compact (DLC) agreement.