Misdemeanor DUI Lawyer in Scottsdale
A DUI is a misdemeanor, generally, if it is a first or second offense. The misdemeanor is filing in a city or justice court. The mandatory minimum penalties for a misdemeanor DUI vary, depending on the blood alcohol content (BAC) and whether it is first or second offense within several years.
Misdemeanor DUI charges are very serious. Robert can help you through the crisis. Robert personally answers his own telephone and he will personally handle your case. Contact Robert A. Dodell, Attorney at Law, directly by email or by calling 480.860.4321 now for a free initial consultation.
Important Considerations that can Affect your Driving Under the Influence Case in Scottsdale
DUI or driving under the influence is a crime, which involves driving a vehicle while you are in no capacity to operate it safely. Under the influence of drugs or alcohol, your capacity to drive becomes impaired, which may cause harm to you and other people you encounter while you are driving. DUI is also sometimes referred to as driving while intoxicated (DWI).
In Scottsdale, Arizona, DUI is often considered as a misdemeanor, but it can escalated to a felony depending on the circumstances surrounding the case, prior convictions and license status. A lot of roadside accidents and deaths are caused by DUI so the Scottsdale law enforcement is always on the lookout for violators.
If you happen to be charged with DUI, you’re probably wondering about the things that can affect your DUI case. If you are going to be tried in front of a judge, here are a few items that can affect your case:
1. Prior records of DUI arrest – If you have been convicted before for DUI offense, this can affect the sentence is your case. The law requires a greater punishment than if there are no prior offenses. The court can drastically increase your jail sentence, the fine that you have to pay and your probation period.
2. The officer who arrested you for DUI – Some police officers are experienced in DUI law. These are the officers who have had a lot of experience being a witness to these kinds of cases and know what it takes to get you convicted. Some officers, especially the new ones who do not have a lot experience yet with DUI cases, can’t give a complete and compelling account of your DUI arrest, thereby affecting how the judge or the jury sees your case.
The way the officer arrested you for DUI also matters in your case. If the officer who arrested you failed to administer the required tests properly at the time of your arrest to prove that you are indeed under the influence, then the State may have no case at all. Forgetting to read your rights and abusing you while you are being arrested or held in jail are also factors that can affect your case.
3. The test results – Breathalyzer, blood and urine tests can determine how impaired you are at the time of your arrest. If any of these tests tells the court that you fall below the prescribed intoxication level for DUI, then you can possibly get your charges dropped on reasonable doubt. This is why it is important for the officer who arrested you for DUI to administer these tests properly.
4. The evidence and witness testimony – When other people are involved, like any witness to your driving or an accident, their accounts and testimonies matter during the trial. The severity of their injuries could affect the way the judge or jury decides the case and could affect the sentence if you are convicted, even if it just your first offense. In some cases where the defendant has accidentally killed someone while driving under the influence, the trial can escalate into one for manslaughter.
These are some of the reasons you need to obtain an aggressive and experienced DUI Attorney in Scottsdale to help you navigate through the judicial system. We can help you defend your case to the best of our ability. At Robert A. Dodell Law Offices, I personally handle my own cases and I answer my own phone. Call us today for a free initial case consultation.
It is Important To Understand the Difference Between a Felony DUI or Misdemeanor DUI Case
DUI, short for “driving under the influence,” convictions can make life difficult. They cause stress in the present moment and also have the ability to bring a lot of stress in the unforeseen future. So, what makes DUI convictions a misdemeanor or a felony? Are there any differences?
While a lot of people consider misdemeanor charges to be less of a big deal compared to felony charges, the truth is that any criminal conviction is always big deal. While it is good to avoid criminal convictions, misdemeanors aren’t likely to have such a huge impact on your life as felonies. A considerable number of employers still ask for information about prior misdemeanor charges and arrests, but some companies don’t have a problem with misdemeanors. However, they’ll want to know if there are any felony charges against you, and they will perform a criminal background check to verify your answer.
What You Need to Know About DUI Charges
If you’re unfortunate enough to have a DUI charge, the last thing you might be thinking of is if your charge is a misdemeanor or a felony. DUI charges have several levels of intensity, and it is worth knowing the things that will determine if you get a misdemeanor or a felony. They include the following:
- Whether it is your first offense or not
- Whether or not you have a valid license to drive
- Injuries brought about by the accident
- Whether or not there is a child under the age of 15 years in the vehicle
- Read more on DUI Penalties
Misdemeanor DUI convictions often result in jail time, fines and temporary loss of driving privileges. The severity of the punishment, however, is dependent on how many prior DUI convictions you have and the blood alcohol level. First DUI convictions, with a valid driver’s license, are usually considered misdemeanors; the same is true with a Second DUI offense, with a valid driver’s license. A third offense, within seven years, whether or not one has a valid driver’s license, is a felony offense.
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One of the things that make felony DUI conviction a lot more frightening than a misdemeanor conviction is because the defendant is sent to prison after a felony sentencing. While a misdemeanor DUI requires jail time, that jail is done in a local jail and work release is often possible. A felony DUI results in a prison sentence, starting at a minimum of four months, usually at a prison facility far from home. No work release is available. On a first offense felony, the offender is typically put on probation after the prison term and is required to report to an assigned probation officer on a regular basis. When it comes to felony, Arizona revoked the driving privileges and will require the offender to use an ignition interlock device once they have their driving reissued. Another thing to note about misdemeanor and felony DUI convictions is that felonies stick on your criminal record much longer, negatively impacting education, job, and housing opportunities.
DUI arrests involving driving on a suspended, refused or revoke driver’s license, children under the age of 15 years in the vehicle or a resulting death will often result in felony charges. Convicted felons tend to experience many inconveniences when released from prison, but this often varies from state to state. Some states, including Arizona, provide tons of civil and social inconveniences after felony convictions.
It’s best that you avoid drinking and driving altogether; however, we all make mistakes from time to time. Neither a misdemeanor nor a felony DUI conviction is something you want happening to you. To avoid finding yourself in such a position, it is best that you always have a sober person or a taxi driver take you home when you’ve had way too much to drink. That way, you will never have to worry about how a felony or a misdemeanor DUI conviction could affect your life.
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Obtaining a Copy of Your Criminal Record
Do you have a criminal record? Do you know if the criminal record is even accurate? Arizona law requires that a person’s criminal record, misdemeanors and felonies, is maintained until he or she reaches the age of 99 or until one year after that person dies. A person can obtain a copy of their own criminal record in the State of Arizona.
It is common for a person to want to obtain a copy of their own criminal record, because he or she is concerned about what the records states. The person may be looking for a new job. Nowadays, employers of all kinds perform thorough background checks before hiring. The employer will obtain your criminal history.
The State of Arizona maintains the criminal history in the Criminal History Records Section of the Central State Repository for Arizona crimes only. If the Arizona record may contain inaccurate information, there is a way to correct it. A person may contact the Arizona Department of Public Safety and request for a Record Review Packet. Any corrections may be completed by completing and submitting a form included in the Record Review Packet called “Review and Challenge of Arizona Criminal History Information.” The packet will include a fingerprint card. The person must also provide a set of his or her fingerprints. There is no cost for this process.
If the Central State Repository agrees that an error exists on the criminal history record, the record will be corrected. Additionally, the Criminal History Records Section at the Central State Repository will notify the Federal Bureau of Investigation of the error so they can update their records.
Keep in mind, the error might originate with the court or arresting agency in Arizona. In such cases, the Criminal History Records Section will not correct the error until that court or arresting agency corrects the error. In such a case, a person needs to be proactive and seriously consider hiring an attorney with experience in dealing with this type of issue. An attorney can assist you in correcting this problem or error associated with the criminal history record.
Zero Tolerance DUI in Arizona
Remember that the state of Arizona does not tolerate driving under the influence or DUI offenses. If you are caught driving under the influence of alcohol or drugs, you will be immediately arrested. Depending on your blood alcohol content percentage or the drug, number of previous violations, status of the validity of your driver’s license, and whether or not there are passengers under 15 years of age in the vehicle, you can be subject to a variety of sentencing requirements for a DUI, if convicted of this most serious offense.
There are three types or levels of DUI misdemeanor offenses, based on the blood alcohol content: standard, extreme, and super extreme. A few of the things that you may go through when you are arrested are:
- Jail time
- Home detention
- Fines and fees
- MVD suspension or revocation
- Alcohol or Substance Abuse Screening
- Alcohol or Substance Abuse Counseling
- Community service
- Ignition interlock device installed in your car
Contact Us Today!
Robert A. Dodell, Attorney At Law
10601 N Hayden Rd, #I-103
Scottsdale, AZ 85260
Phone: (480) 860-4321
Fax: (480) 990-7751
Email: Robert@AZCrimLaw.com
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