The DUI Process in Chandler, Arizona

If you are facing DUI charges in Chandler, AZ, you are likely anxious and stressed about your future—and with good reason. The state of Arizona has some of the most severe DUI penalties in the United States. Not only could these charges result in jail time, very high fines and fees, the loss of your driver’s license, mandated alcohol classes, and the necessity of having an ignition interlock device installed on your vehicle, but you could also lose your job, have difficulty obtaining employment, find it prohibitively expensive to secure car insurance, and much more.

As you can see, a DUI conviction can cost you many years to come. Because of this, it is crucial that you contact an experienced Chandler DUI defense attorney from the Ciccarelli Law Offices as quickly as possible. We understand your anxiety and will go above and beyond to answer all your questions and alleviate that anxiety to the extent possible. Yes, the DUI process can be difficult and complex. That’s why our team of highly experienced DUI attorneys are ready to fight for you, for your family, and for your future.

Why Should You Choose the Ciccarelli Law Offices for Your Chandler, AZ DUI Charges?

At the Ciccarelli Law Offices, we understand that you have many choices when finding a DUI attorney. We hope you will consider our team of compassionate, experienced, knowledgeable, highly skilled DUI attorneys.

Why should you choose us to help you through the Chandler DUI process?

• Our team has former DUI prosecutors and defenders, armed with the perfect blend of experience to fight DUI charges and help you get your life back on track.
• Our Chandler criminal defense lawyers are battle-tested in local court systems and well-versed in taking on local prosecutors.
• We know every possible avenue available to you, given your specific set of facts and circumstances.
• If you are eligible for an alternate sentencing program, we will work hard to get you there.
• If we can negotiate lesser charges, lesser penalties, or have the charges dropped entirely, then that will be our goal.
• We will always maximize each option so you will be equipped to make the most informed decision regarding your DUI charges.
• With nearly 100 years of combined criminal defense experience among our team, we fight for justice when you are facing DUI charges in Chandler, AZ.
• We understand that good people sometimes make mistakes, and we want to help you overcome that mistake with the least amount of future fallout.

What is the Process After Being Charged with a Chandler, AZ DUI?

As per A.R.S. Title 28-1381, if law enforcement has reason to believe you were in actual physical control of your vehicle while impaired, you can be charged with an Arizona DUI. You may be asked to take field sobriety tests, but you are not obligated, under the law, to do so. Under Arizona Implied Consent Law, you have an obligation to submit to a breathalyzer test, but you do not legally have to do so until the officer has a warrant. That being said, if you refuse a breath or blood test, your driver’s license will be taken away for at least one year—even if you are not later convicted of DUI.

At the time of your arrest, your Arizona driver’s license will be confiscated and a temporary license issued to you which will be valid until your hearing date—so long as you request an MVD hearing within 15 days. Immediately after your DUI arrest, you will be taken to jail or to the crime lab to have your BAC tested via breath, blood, or urine. Depending on the charges, you may be released at this point and can have someone come pick you up. For more serious DUI charges, you may be formally booked.

You will receive a notice of your driver’s license suspension and arrest which will include the date of your hearing along with information regarding requesting an MVD civil hearing. The Admin Per Se hearing is an important one and one you will want your attorney to handle. This hearing determines whether you will be allowed to drive until your criminal hearing. If you refused to take a chemical test there will also be an Implied Consent Hearing.

When your criminal DUI court date arrives, you will appear before a judge. There will be a formal reading of the charges against you and you will be asked how you want to plead to the charges—not guilty, guilty, or no contest. You should definitely speak with a DUI attorney prior to this court date to determine which plea you will enter. In some cases, a plea bargain may offer you the least adverse consequences. In other cases, you could be better off pleading not guilty and going to trial.

You have rights during this entire process, and your attorney will ensure your rights are properly protected. You have the right to remain silent during and after your arrest, and after politely giving the law enforcement officer your name and address, you should remain silent other than to request an attorney. Anything you say at this point really will be used against you, so staying quiet is the best course of action until you speak to an attorney.

What are the Potential Defenses for DUI Charges?

Although the specific defense your attorney will use in your DUI case will depend on the circumstances surrounding your arrest, the most common defenses include:

1. You were not allowed to contact an attorney after you asked to do so. If you tell the officers you want to contact an attorney, they must provide you with a phone and the opportunity to do so as soon as is reasonable.
2. Your Breathalyzer BAC results are inaccurate. Breathalyzers are notoriously unreliable for many different reasons. The most common reasons are that the machine was not properly calibrated or was not properly maintained, or that the officer that administered the Breathalyzer test was not properly trained or did not follow the procedure.
3. The officer did not have a reasonable, articulable basis to believe you violated a traffic law. The state must prove all evidence was lawfully obtained; police officers are not allowed to stop motorists on a hunch or a guess, rather must have an objective reason to make a traffic stop.
4. The field sobriety tests were inaccurate or invalid. A test cannot be deemed “accurate” unless it is instructed, given, and performed the same way every single time. Not only is such standardization highly unlikely, but the tests are also invalid when performed on individuals taking certain prescription medications, those who are overweight, the elderly, those with balance issues, those wearing heels, and more.
5. You were not in actual physical control of the vehicle. As an example, perhaps you realized you were inebriated, so you pulled off the roadway, turned off the vehicle, and climbed in the back seat to sleep it off. In this situation, it would be hard to prove you were a danger to the motoring public.

Contact A Chandler DUI Defense Lawyer Today

At Ciccarelli Law Offices, our Chandler DUI Defense lawyers know how to fight serious charges of DUI across the state of Arizona. We realize that this is a terrifying time and we work tirelessly to protect your rights and freedom at every turn. You deserve a Chandler DUI defense lawyer that is there for you when you need them most. Contact us or call the attorneys at (480) 725-6132 to help you through the DUI process in Chandler or throughout the state of Arizona.