PHOENIX DUI LAWYER

| by Max Soni

Last Updated on: 26th August 2023, 07:23 pm

My AZ Legal Team, PLLC represents clients charged with driving under the influence (DUI) in the Phoenix area. We focus on the facts and develop an effective defense strategy. An experienced Phoenix DUI lawyer can fight to protect your rights and to challenge the state’s witnesses and evidence against you. If any aspect of the prosecution’s case is weak, a skilled DUI attorney with My AZ Legal Team, PLLC can use that weakness to your advantage. Not all DUI arrests end in guilty verdicts or convictions, and our legal team will use every available legal tool to help you. In particular, an experienced Phoenix DUI lawyer can challenge:

• The legality of the traffic stop: The police must follow precise legal procedures when making a traffic stop. A police officer must have and be able to prove that he or she had probable cause for stopping a driver. This basically means that the officer had reason to suspect that the motorist was driving under the influence. Probable cause could be erratic driving or even an accident. Any arrest made after a legally questionable traffic stop may be disputed, and if the law was violated by a police officer, it is possible that your DUI charge could be reduced or dismissed.

• The arrest procedure: When you are placed in custody, a police officer is supposed to read your rights and make sure that you fully understand them. Failure to do this may or may not be grounds for the dismissal of your DUI charge; everything hinges on specific details. If excessive force was used during your arrest – or anything that could be construed as police brutality – that may also work to your advantage.

• The results of the DUI test: The legal blood alcohol content (BAC) level for driving in Arizona is 0.08 percent, and your BAC measurement is what a DUI test is supposed to determine. However, faulty testing equipment or any violations of the testing procedures could cast doubt on the accuracy of the DUI test results. Our DUI attorneys can dispute the results of DUI tests and in some cases have your DUI charge reduced or dismissed.

• The testimony of the arresting officer: Typically, the testimony of an arresting officer is a key element in a prosecutor’s DUI case. Let an experienced Phoenix DUI defense attorney represent you, and if necessary, cross-examine the arresting officer with the objective of raising doubts about the veracity of his or her testimony.

A RESOURCEFUL LEGAL TEAM

At My AZ Legal Team, we understand what you go through after a drunk driving arrest. We know that everyone makes mistakes, and sometimes impaired driving is one of those mistakes. But with your future at stake, you can’t take any additional risks with DUI charges. You need a seasoned DUI lawyer backed by a resourceful legal team with a reputation for tenacity and a record of success. With the real possibility of jail time, fines, lengthy community service, and more if you’re convicted of driving under the influence, it’s imperative to have an experienced Phoenix DUI lawyer with My AZ Legal Team on your side. We’ve helped scores of clients face DUI charges. Let us help you.

Our defense process is simple but it has been proven effective. When you contact My AZ Legal Team for DUI representation, our first priority is to make sure that your rights are protected. The next step involves reviewing the particulars of your case and collecting the evidence and testimony that could further your defense. The final step in the defense process will depend on our investigation’s outcome and your own choices. We will review every aspect your case with you and then explain each of your legal options. Every DUI case is different. Some cases have aggravating or mitigating circumstances. Much depends on whether you have previous convictions. We will use every bit of evidence and every tool available to negotiate and fight for the best possible outcome to your DUI case.

MAKE THE CALL RIGHT AWAY

If you or someone you love has been charged with drinking and driving in the Phoenix area, you must hire an experienced Phoenix DUI lawyer right away. Contacting a DUI lawyer right after your arrest is imperative. An experienced DUI attorney stands a very good chance of succeeding in any bail applications made on your behalf. In addition, calling an attorney right after your arrest gives an attorney adequate time to draft and prepare a sound defense.

A criminal defense lawyer with the Phoenix law firm of My AZ Legal Team is the DUI attorney you need. My AZ Legal Team offers a free consultation to all new and prospective clients. If you are charged with driving under the influence of alcohol in Arizona, contact an experienced Phoenix DUI defense attorney with My AZ Legal Team by calling (602) 755-6218 promptly.

If you are charged with a DUI in Arizona, there is no guarantee your case will be fairly analyzed by jurors. Some jurors place too much emphasis on certain pieces of evidence while others improperly weigh testimony in an attempt to reach a verdict in a timely manner. Furthermore, uncertainties arise when a DUI case goes to bench trial. This is precisely why there is merit in eliminating such uncertainty through a plea bargaining agreement. In fact, both the prosecution and the defendant might find a plea bargain agreement is optimal.

Few Cases go to Trial

Did you know the majority of criminal cases do not make it to trial? The United States Sentencing Commission reports around 2% of criminal cases go to trial. In some instances, the police officer who makes the DUI arrest is unavailable to testify in a court of law. Even the unavailability of an important witness can spur the prosecution to enter a plea bargain. Entering a plea bargain is somewhat appealing to the prosecution as it is recorded as a conviction.

The Basics of Plea Agreements

A plea agreement involves the defendant pleading guilty. The benefit of a plea agreement for a DUI or another criminal charge is that the charge is reduced to an offense that is less serious, ultimately reducing the sentencing as well as the fines. The best plea bargains are designed to minimize the defendant’s exposure in the context of criminality while ensuring the state gets to officialy record a conviction to bolster its internal statistics.

However, if the prosecution believes its case is strong, it might not even consider making a plea bargain offer for a DUI charge. However, there is still some incentive for the state to make such a deal as it is recorded as a conviction while ensuring the hardworking Arizona taxpayers do not have to foot the bill for a trial in a justice system already overloaded with hearings.
Plea bargains can occur at all stages of DUI Cases. In fact, a plea bargain agreement can be reached smack dab in the middle of a trial. However, in most situations, plea bargain agreements are reached during the pretrial period toward the beginning of the case. The prosecuting attorney will consider whether earlier convictions for DUI and other issues warrant the offering of a plea bargain agreement.

The Best DUI Attorneys Have Mastered the Art of DUI Plea Bargain Negotiating
The knowledge and skill of the DUI attorney are essential to negotiating a beneficial plea bargain agreement. The prosecution is required to share evidence with the defense during discovery procedures. The best DUI attorneys will analyze the police report for omissions and other flaws. Furthermore, the best DUI attorneys are willing to perform their own case probes and even conduct interviews with witnesses.

The Procedure

Plea negotiations are discussed by the defense attorney and the state prosecutor within the prosecutor’s office or on the phone. Once the plea agreement is reached, it is sent to the judge presiding over the case. The judge can approve the proposed deal though he or she is not required to accept a plea agreement.

Reducing DUI Charges

A driver whose BAC test revealed a level of 0.08% has a decent chance of having the charge reduced to that of reckless driving. However, if the driver has a previous DUI or a flawed driving record, reducing the DUI will prove more challenging. Most defendants seriously consider such a plea bargain as it prevents the attachment of a stigma tied to a DUI conviction and also ensures the driver retains his or her driver’s license.

If the driver’s BAC level is measured at 0.15, it is an extreme DUI, meaning the defense will attempt to reduce the charge’s level by insisting no harm or damage was caused and it is the suspect’s first offense. Though it is difficult to reduce an aggravated DUI from a felony to a misdemeanor, it is possible with the assistance of an experienced Arizona DUI attorney.