DUI – Alcohol
DUI – 1st Time Regular DUI – Arizona Revised Statute §28-1381
Arizona has some of the harshest DUI laws in the nation. A 1st Time Regular DUI is a Misdemeanor, and although you may have never had a DUI in your past, Arizona Law requires that anyone convicted of a DUI get at least one day in jail.
An Arizona DUI is nearly always charged two different ways: Count 1: DUI – Impaired to the Slightest Degree; and Count 2: DUI – BAC Above a .08. Each are considered a Regular DUI, and both are Misdemeanors. They are alternate ways in which a person can be convicted of a DUI in Arizona. That means that even if you went to trial on both counts, and either lost on both counts, or lost on one of the two counts, the sentence will be the same. They are two different ways the prosecutor can try to prove you Guilty at trial.
Under Count 1: DUI – Impaired, the prosecutor can try to prove that you were Driving, or in Actual Physical Control of a Vehicle, and that your ability to drive was impaired to the slightest degree by the use of alcohol, drugs, medications, or vapor releasing substances, or a combination of the same.
A conviction for Count 1, no matter whether it is alcohol, drugs, or even your prescription medications, requires a minimum of at least one day in jail. The maximum sentence is six months in jail… possible, even though you never had any prior DUI convictions. There are also numerous fines, fees, counseling, and other penalties associated with a conviction.
While the standard Count 2 has to do with someone who has a Blood Alcohol Content above a .08, tested to within two hours of driving, there are actually a few different ways someone can be charged with alternate counts.
Sometimes, Count 1: DUI – Impaired, alleges that someone is impaired by drugs, medications, and/or vapor releasing substances, instead of alcohol. When that is the case, Count 2 is usually charged as a DUI where there is an illegal substance or its metabolite in your system. Likewise the charge could be that there was a legal substance, that was not being taken as prescribed.
In any of the above situations, Count 2 is an alternate count to Count 1. Additionally, in any of the above situations, a conviction on both counts would be the same as a conviction on only one count.
Count 1 is always a more factual argument, and Count 2 is always a more scientific argument.
There is hope, however. It is possible, depending on the facts of the case, the laws, the court, the level of substance found in the system, and the right DUI Defense Lawyer, to get the case to go away, or possibly eliminate the DUI charges in exchange for something like a Reckless Driving plea agreement.
Your best chance of success comes from having a DUI Defense Attorney who is experienced, and focuses on DUI Defense Representation.
Keep in mind, a Criminal Defense Lawyer is not the same as a DUI Defense Lawyer.
1st Time Regular DUI Sentence:
- 1 day to 6 months in jail
- Approx. $1,500 minimum in fines and fees
- Alcohol Counseling
- License Suspension
- Possible Probation
- Possible SR22 High Risk Insurance required
- Possible Community Service
- One Year Ignition Interlock Device (can be reduced down to six months)
2nd Time Regular DUI Sentence
– alleging a prior DUI conviction within seven years, although it doesn’t matter what type of prior DUI conviction it was (Regular / Extreme / Super Extreme), only what the new charge is):
- 30 days to 6 months in jail
- Approx. $3,500 minimum in fines and fees
- Alcohol Counseling
- License Suspension
- Possible Probation
- SR22 High Risk Insurance required
- Community Service
- One Year Ignition Interlock Device
Keep in mind that with an experienced DUI Defense Lawyer – like the ones on the AZ DUI Team – even a required jail sentence can be reduced down with certain options, such as Home Arrest, Continuous Alcohol Monitoring, and Suspension of Sentence for Ignition Interlock Device, depending on the court and judge.
A DUI Client
Thanks to you, we won the case (all charges were dismissed). Without you I could do nothing. You were updating me at every step; texting and emailing me, and reducing my stress. The whole case was dismissed, from the MVD hearing to the court, and the attorney fees were very reasonable.
Winning was a result of the expertise and diligence you displayed in the courtroom at trial. Me and my family will forever be thankful for your efforts.
You represented me on an extremely complex and difficult aggrevated DUI Case and not only kept me out of jail but also was very compassionate and understanding through the whole process. There was never a time when i felt like you weren’t just as invested in my case as I was. I would absolutely recommend you to anyone facing this difficult process.
You were professional and attentive to my legal needs on my DUI charge. You were able to get the case dismissed and continued to be hands on afterwards to tie up all remaining legal matters. I am extremely grateful for your representation and can not thank you enough.
I had a public defender helping me out with my third DUI. There was some issues with my case, and she recommended me to you when you introduced yourself to me n my mom. You were nice n polite, and read my case file. i asked you a few question you answered my question with very positive feed back. i liked your positive attitude and the way your handled my case I would definitely recommend you to any one who needs a DUI lawyer. thanks again for helping me out with my case.
I had been issued a public defender for my third dui within 7 years. The PD recommended you to defend my case. You were very professional, personable, and importantly, available when I needed to talk to you. I was looking at very gruesome sentence and fines etc. You managed to get me the best possible plea I could see imaginable. When it came time to sentencing you were able to get me less time in jail and my fines to a bare minimum. (The best case scenario of my plea) I would highly recommend you to anyone with a Dui. You are even keeping in touch to make sure my undesignated felony will be designated a misdemeanor after I complete my probation. If I have any questions you are still always glad to answer and help out.
I first used a prepaid legal service to find a DUI Attorney and I couldn’t even get him to answer simple questions about my case until I gave him $4,000 cash up-front. Disappointed, I did my research online to find the best DUI Attorney available. Your websites and credentials as a specialist in DUI cases were very impressive and your fees were reasonable. You thoroughly explained the process, my DUI charges, all my options and was up-front and honest in addressing all my concerns. He were diligent in keeping me informed of the status of my case; I called you several times — and you answered your own phone. You walked the walk and owned up to everything your website says you are — and more. Your in-depth knowledge of DUI Law resulted in my DUI case being dismissed in full. I’ve been there — and very thankful you were there with me. I highly recommend you to anyone wanting the absolute best DUI representation for your money invested.
You are true guru when it comes to DUIs. You are the only person I would refer clients to should they ever face such charges in the entire state in which you practice.
You was very helpful on my Extreme DUI case. I had lots of questions and you provided timely complete answers to help me explore all options possible, You were able to decrease my fees and jail time, which was great since summer time in tent city would have been horrible. I would definitely recommend you.
My experience was hell until I had the pleasure speaking with you. You know the law and everything there is in out and in between the court system. So much I have learned from you compared to all of the other lawyers I have had in the past. There are a couple more things to do with my case like bringing my case from felony to a misdemeanor that you will take care of for me when my probation is finished. I was to do a lot more probation, jail time, and pay more fines that I actually ended up with due to your work on my case. I am so very grateful that I had the privilege to work with such a knowledgeable lawyer for once. You turned everything to my side in the court, and the way it ended was un-heard-of.
A DUI Client
Thank you so very much for your awesome help in getting my case dismissed. You are an amazing attorney. From the moment I spoke with you, I knew I could rely on you to resolve my case. You advocated for me in the most excellent way. You are the most professional lawyer, respectful, skilled, and knowledgeable. I cannot say enough about you. Thank you! God bless you.
You were the best decision I could have made after being arrested for Extreme DUI. The verdict for my case was NOT GUILTY. You were persistent, knowledgeable and hard working. You cared about me and my family. I have and would always recommend you to anyone who has a DUI.
I was originally represented by a Public Defender who wasn’t doing anything for me. The Public Defender was pushing for me to take a plea agreement for prison time and thousands of dollars. I am so glad I hired you. Upon hiring you, you filed a motion, argued it in front of the judge, and all evidence against me was excluded from my case. I walked out of there a free man, with absolutely no conviction on my record.
My DUI case had literally been pending for years. I had gone through a few different lawyers, who would only push the plea agreement, and continue the case. I then had you represent me. Within a few weeks, you wrote a motion that convinced the prosecutor to completely dismiss the case against me. I can now move forward with my life. Thank you.
My son was charged with an extreme DUI, among other charges. I was very concerned that his reckless decisions would keep him behind bars for a very long time and destroy his life! You were referred to us, and were an invaluable attorney and compassionate person who was always available to explain what was happening and what to expect.
Choosing you to represent me in my case was one of the best decisions I could have made. Not only did he make me feel very comfortable, but you also made me feel like I was your main priority. As a result of choosing you, I had my sentence reduced DRASTICALLY. I am extremely grateful for all of your help and effort with getting me through a difficult time with less stress and ease.
You were personal and attentive to my needs as a first offender Extreme DUI. You were able to decrease my fees and provide me contacts to complete the necessary requirements for court. You were totally hands on with my case and I am extremely grateful for your assistance. I could not recommend a better Attorney.
You represented me for a DUI case, and came highly recommended by several other attorneys. From the moment I meet with you, till even after my case was closed, you had always been upfront and honest, and explained every option that you felt was appropriate for my case. I have and always would refer his services to anyone I know that has gotten a DUI. You are the best attorney that someone can have on their side.
I met with several other attorneys, all seemed to be less concerned with my situation. You asked all the right questions, was concerned with my case, and made no promises, but said you would do the best you could. You always talked with me in words I could understand. My wife also researched and found that you have a number one ranking. You also had the best rates!
I was charged with Aggravated Assault with a car, and a couple DUI charges. The main charge was a Dangerous Felony, and I was looking at a decade or two in prison. The Public Defender got me a plea bargain for years in prison. I thought that was crazy. I hired you, and what you did on my case was absolutely unbelievable. Instead of years in prison and a Felony, you were able to get me no jail time and a Misdemeanor. Me and my family will forever be thankful that we were recommended to you.
You worked tirelessly to assist my daughter when she received a super extreme DUI in Tempe. You were able to assist her with obtaining a plea agreement to a regular DUI and only 1 day in jail. You were patient and respectful with her going through the process and explained her rights and responsibilities in great detail so she understood all of her options. You remained available throughout the process and quickly responded to voicemails, texts, and emails when we had questions. I highly recommend you for your legal expertise and excellent customer service skills.
Great attorney! Affordable and professional.
I had a public defenter helping me out with my third DUI there was some issues with my case that she recomented me to Brian when he introduce him self to me n my mom he was nice n polite he read my case file. i asked him a few question he answer my question with very possitive feed back. i liked the way he was possitive attidude n the way he handle my case i would defenly recomment him to any one who needs a dui lawyer. thanks again for helping me out with my case.
You successfully fought my DUI charge and did so while keeping me in the loop every step of the way. I would recommend you to anyone else.
I was arrested for an Aggravated DUI. I originally went with a public defender that got me a plea agreement of four months in jail and a class six designated felony. My mother looked up criminal DUI attorneys and you were the first one we had a consultation with.
You immediately put me at ease, and said you can get me a misdemeanor DUI with little or no jail time. And that is exactly what you did. You went above and beyond for me and with each court visit you had a newer and better agreement until you got me a misdemeanor DUI with 1 day jail.
I was stopped for making a wide turn, charged with DUI, and felt completely lost. The next day, I immediately started researching attorneys. I called you, and you immediately answered my call. I explained my situation, and met with you shortly thereafter. You explained the entire process to me, and even did a best / worst case scenario. You did your best at giving me more peace of mind.
My charges were dropped a few weeks later for no reasonable likelihood of conviction / no blood test evidence above the legal limit. You contacted me right away to share the great news, and you even refunded my money. You then provided me the paperwork from the court indicating that the charges were dropped.
Brian Sloan represented me on an extremely complex and difficult aggrevated DUI Case and not only kept me out of jail but also was very compassionate and understanding through the whole process. There was never a time when i felt like he wasn’t just as invested in my case as I was. I would absolutely recommend Mr. Sloan to anyone facing this difficult process.
I wanted to take a moment to sincerely thank you and your DUI Team for all you have done helping me navigate through the court system. You reduced the charges and fines and got the jail date set allowing me to do keep my job. Again my deepest thanks, and I will recommend your services to all my friends and family.
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