DUI Lawyer in Phoenix, AZ


The State of Arizona’s drinking and driving laws are some of the harshest in the country. Hence, if you have been charged with DUI, DWI, Extreme DWI, or Super Extreme DWI in Arizona, you should hire a lawyer who is experienced in DUI defense. Cindy Castillo of Castillo Law is highly trained and experienced as a DUI lawyer and will aggressively defend your case.

With an experienced and knowledgeable DUI lawyer by your side to fight your case, you will be better positioned to beat the charges or lessen your exposure. You should not take Phoenix AZ DUI charges lightly. If you are convicted, you will face mandatory jail time, a large statutory fine including surcharges, alcohol and/or drug classes, and a suspension of your license. Once you are convicted, it will have a profound effect on your life. Depending on the job, some employers will be hesitant to employ you, insurance companies may drop you or deny you coverage, and you run the risk of being denied and or restricted for fingerprint cards and some professional licenses.

The AZ State Legislature has enacted laws that make the penalties for DUI mandatory. This means that if you are convicted of DUI, DWI, Extreme DWI, or Super Extreme DWI, the Judge, the prosecutor, nor your attorney has discretion over the mandatory minimum penalties for these offenses.

Mandatory Penalties in Arizona for DUI, DWI, Extreme DWI, and Super Extreme DWI:

Ordered Jail Time: The minimum amount of jail time a person faces is ten days of jail with suspension of nine days if the person completes alcohol/drug screening and treatment. The maximum amount of jail time a person faces for a DUI is 180 days. While some courts allow home detention and some suspended jail days, not all courts are able to facilitate home detention.

ARS 28-1381(a)(1) provides that an Officer may charge you with a DUI if the officer believes your ability to drive is impaired by alcohol. It is important for you to understand that for this DUI charge, an Officer does not have to prove that your breath or blood alcohol concentration is above a certain limit, the officer only has to believe that your ability to drive is impaired by the alcohol you consumed either before or while driving or being in actual physical control of a motor vehicle.  If your ability to drive is impaired by alcohol, the law allows the judge to sentence you to ten days of jail and suspend all but nine of those days if you complete alcohol/drug screening and treatment.

ARS 28-1381(a)(2) provides that an Officer may charge you with DWI if the officer believes your breath or blood alcohol concentration is above a .08 but below a .15 within two hours of driving or being in actual physical control of a motor vehicle.  If your breath or blood alcohol concentration is below a .15, the law allows the judge to sentence you to ten days of jail and suspend all but nine of those days if you complete alcohol/drug screening and treatment.ARS 28-1382 provides that an Officer may charge you with an Extreme DWI if the officer believes your breath or blood alcohol concentration is above a .15 but below a .20 within two hours of driving or being in actual physical control of a motor vehicle.

If your breath or blood alcohol concentration is above a .15 but below a .20, the law requires the judge to sentence you to a minimum of 30 days of jail. However, the law allows the judge to suspend 20% of that jail time. In addition, depending on the court jurisdiction, you may also be entitled to home detention. Typically, you are entitled to work-release 12-hours a day and up to 6-days a week after your first 48 hours of incarceration.An Officer may charge you with a Super Extreme DWI if your breath or blood alcohol concentration is above a .20 within two hours of driving or being in actual physical control of a motor vehicle.

If your breath or blood alcohol concentration is above a .20, the law requires the judge to sentence you to a minimum of 45 days of jail. However, the law allows the judge to suspend 20% of that time. In addition, depending on the court jurisdiction, you may also be entitled to home detention. Typically, you are entitled to work-release 12-hours a day and up to 6-days a week after the first 48 hours of incarceration.

Assessment of Fines: This amount does not include jail costs or home detention costs, which will drive up the fine. The minimum fine a person faces is approximately $1,600, not including surcharges. The maximum fine a person faces for a DUI, not including surcharges, is $2,500.Mandatory alcohol/drug screening and treatment: The minimum alcohol and/or drug treatment/classes a person is required to complete after the mandatory screening is 16 hours with a maximum of 72 hours.Possible Supervised, Unsupervised, or Summary Probation: Arizona law allows a judge to order up to five (5) years of probation.In addition to these statutory consequences, you also face collateral consequences. For example:

Suspension of Driver’s License: If you are convicted, your driver’s license will get suspended for a minimum period of 30 days no driving and 60 days with restricted driving privileges, if you qualify. If you have an out of state license, you may not be entitled to the 60-day restricted driver’s license unless you surrender your out of state license. If you have a prior DUI, you may not be eligible for a restricted driver’s license and face up to a one year driver’s license revocation. If you refuse to allow the officer to draw your blood, and the officer serves you with an implied consent, you face a one-year suspension of your driver’s license. However, you may be eligible for a restricted driver’s license after 90 days if this is your first refusal.

Installation of Ignition Interlock Device: for a first offense regular DUI, you are required to install an ignition interlock device for a period of one year with the potential of a 6-month deferment. You are not eligible for the deferment if you were in an accident with property damage or bodily injury. For an extreme first time DUI, you are required to install the ignition interlock device for up to one year with no deferment. If you are convicted of a super extreme DUI, you are required to install the ignition interlock device for a minimum of 18- months. If you refused to allow the officer to draw your blood and the officer had to get a warrant, you face having the ignition interlock for substantially more time if you elect to have the interlock during the refusal suspension. If you have a prior DUI within 7 years which was reported to the motor vehicle department (MVD), you face a one year revocation but are eligible for a restricted driving privilege after 45 days.

DUI Lawyer in Phoenix AZ
Note: DUI Drug and Underage Drinking and Driving convictions carry different consequences. A Second Offense DUI and Aggravated DUIs carry more severe penalties.

Benefits of Hiring a DUI Lawyer in Phoenix AZ

The fact that a DUI, DWI Extreme DWI, and a Super Extreme DWI conviction means spending time away from your loved ones and a large monetary hit should be enough reason for you to hire a DUI lawyer in Phoenix AZ. With a qualified and experienced DUI lawyer handling your case, you will have a much higher chance of beating the charges and lessening your jail time exposure.

What you need is a DUI lawyer who has a track record of successfully defending clients charged with DUI, Extreme DWI, and/or Super Extreme DWI. The moment you are charged, you should hire an experienced DUI lawyer, so that you can rest assured knowing that your case is being handled properly and give you the best possible outcome. Do not delay in hiring a lawyer. In order to give your attorney her best chance at fighting your DUI, she needs time to adequately investigate the case and ensure that she can replicate the incident as it was at the time in question. Ms. Castillo will study your case carefully and come up with defense strategies, such as illegal traffic stop, actual physical control issues, no probable cause for the arrest, erroneous blood and/or breath results, coerced test issues and/or a denial of your constitutional and due process rights.

At Castillo Law, Cindy Castillo offers free consultations and competitive quality representation. Call today to determine whether Cindy Castillo is the right DUI lawyer to fight your DUI case.

Call Castillo Law, PLLC for a Free Consultation 24/7 at (480) 206-5204.
Se Habla Español.

Call Castillo Law for a Free Consultation 24/7 at (480) 206-5204.  Se Habla Espanol y la primera Consulta es Gratuita.
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