Flagstaff DUI Lawyer

Flagstaff DUI Attorney

Arizona has some of the country’s most beautiful drives. However, when you drive under the influence and are pulled over, you stop enjoying the scenery and start worrying about the charges against you. If you’ve been charged with a DUI in Flagstaff, Arizona, you need the help of a professional DUI law attorney. The Kaiser Law Group is here to help you get the legal guidance you need, so contact us today.

About The Kaiser Law Group

At our office, we understand how overwhelming and confusing a DUI arrest can be, especially if it’s your first run-in with law enforcement. We’re here to listen to what happened and then fight to protect your rights. Our attorneys have more than 80 years of combined legal experience, and we’ve assisted with virtually every type of DUI situation

The Kaiser Law Group is committed to helping our clients achieve the most favorable outcome possible in their case. We clearly communicate with our valued clients so they can make informed decisions about their DUI cases. A small firm, we pride ourselves on giving each client the personal attention they deserve. We prepare every DUI case as if we’re going to trial. You can count on honesty from our team during your representation

Reach out to learn more about our background and how we can help.

Quick DUI Answers

What Is a DUI in Arizona?

In Arizona, a DUI, or driving under the influence, means operating a vehicle while impaired by alcohol and/or drugs or having a BAC of 0.08% or higher. Drivers may face escalating penalties for higher BACs

Upon conviction, an Arizona driver may face fines, jail time, driver’s license suspension, installation of an ignition interlock device (IID), and mandatory education or treatment. Repeat offenses or aggravated circumstances may result in felony charges.

What Deadlines Are Important After a DUI Arrest?

After a DUI arrest, the most critical deadline is the 15-day window to request a MVD hearing to challenge your automatic license suspension, which is non-negotiable. Please note the MVD hearing request is time-limited. This deadline is commonly limited to 15 days, so it’s important to check your notice for additional information. Also, you must act quickly to preserve critical evidence like body cam footage while it’s available

It’s important to consult a knowledgeable attorney who can help you navigate subsequent court dates, including status conferences and pretrial hearings. Plus, they can help you understand any long-term insurance implications of a DUI.

What Level DUI Might I Be Facing?

In Arizona, the level of DUI you may be facing depends on your Blood Alcohol Content (BAC) and case-specific circumstances. DUI levels include a standard, extreme, super extreme, and aggravated DUIs, with each carrying escalating penalties. For an aggravated DUI for situations where a child is in the car or if it’s a repeat offense, it is typically a felony

What Are the Types of DUI Offenses in Arizona?

In the Grand Canyon State, there are several different types of DUI charges you may be facing. These include:

Regular DUI

For a regular DUI, you can be arrested if you’re “impaired to the slightest degree” with a BAC of .08 and if you are in “actual physical control” of your vehicle. This means you can be convicted even if you’re not actively driving. It means you have the present ability to operate the vehicle, which is often determined by the totality of circumstances

You can be charged with a DUI even if you’re asleep, if you’re running the engine or the AC, or if you have access to controls. Case-specific factors like the location of your key, the position of the driver, the engine’s status, and whether the headlights are on often heavily influence the police and judges

You’ll want to think twice before you fall asleep in your car after having a few drinks.

Extreme DUI

For an extreme DUI, your BAC must be .15 or higher. You may face serious penalties like mandatory minimum jail time, hefty fines, license suspension, alcohol education and/or treatment, community service, and a mandatory ignition interlock device (IID) for at least a year

Super Extreme DUI

A super extreme DUI in Arizona applies when your BAC is 0.20% or higher. These charges carry the harshest misdemeanor DUI penalties in Arizona and may include significant jail time, fines and fees, license suspension, mandatory IID installation, alcohol counseling, monitoring, and frequent testing. A super extreme DUI is still a misdemeanor, but it creates a permanent criminal record that can impact employment and housing opportunities.

An experienced attorney can help you after a DUI by building a strong defense strategy and working to mitigate penalties if a conviction can’t be avoided.

How to Get Your Driver’s License Back After a DUI?

There are two common ways to have your license suspended. If convicted of DUI, your license will be suspended by the court. If charged with DUI, especially if you refused a mandatory breath-alcohol or blood-alcohol test, you could receive an “administrative suspension” imposed by the Arizona Department of Motor Vehicles. The length of suspension will depend on the circumstances under which it was suspended and the other facts of your case.

Most of the time, you cannot apply to have your license reinstated until the period of suspension is completed. When the suspension period expires, and you have completed all requirements of your sentence, you can apply to have your license reinstated. The process will include filling out application paperwork and paying fees, and obtaining/submitting an SR-22 insurance certificate.

In some cases, people who have had their license suspended may be granted restricted driving privileges before the official end of the suspension period. This is something you should discuss with your attorney to see if you might qualify.

When Does a DUI Become a Felony?

How a DUI offense is charged varies based on a number of important factors. This includes the person’s measured blood-alcohol content, any prior convictions for DUI, and how recently convictions occurred. It also includes whether there was a minor passenger in the vehicle and if the alleged drunk driver was involved in an accident resulting in injury or death.

That being said, here are DUI offenses likely to be charged as a felony:

• Committing a DUI offense while your license has already been suspended for a previous DUI
• Committing a DUI offense during a court-ordered period requiring an ignition interlock device
• Third or subsequent DUI within a period of 84 months
• Committing a DUI offense with a passenger under the age of 15 in the vehicle

To fully understand your own charges and the potential consequences, it is important to consult with an experienced attorney.

What Are the Benefits Of Hiring A DUI Attorney?

Arizona ranks sixth in the U.S. for the highest number of deaths of drivers operating vehicles under the influence for every 100,000 residents. When you hire an attorney, they can help you avoid DUI charges with stiff penalties, especially if this isn’t your first offense.

Also, it’s important to hire an attorney who understands the complexity of marijuana metabolite and THC DUI cases. The difficulty with cannabis, or THC, is that it can remain detectable for days or even weeks after use, especially in chronic users. As a result, you may test positive while driving. However, detectable levels don’t always equate to current impairment. It’s essential to hire an attorney who understands how to challenge these issues.

The Kaiser Law Group works tirelessly to reduce your sentence in the event of a conviction. Some of the other reasons you should hire a lawyer from us to help you include:

• We have experience: Our lawyers have over 80 years of combined experience helping clients, so when you trust us with your case, you trust someone who knows all of the ins and outs of the law.
• We can actually save you money: You may think that hiring a lawyer is expensive, and you’re right that we need to charge a fee to make a profit. However, we use our knowledge and skills to help streamline your case, which saves you courtroom fees and possible consequences; you may save in the long run.
• We can help you recover: A DUI normally costs your license, and this charge will stay on your record for a while. We can help you get your license back and possibly expunge the DUI from your records.

While we can’t guarantee these benefits, we can guarantee that we’ll work with you closely and do everything in our power to help you get the most positive results possible for your case.

How Does The Kaiser Law Group Fight DUI Cases?

We may be able to defend your case by arguing that there were issues with

• The legality of your traffic stop
• The basis of your arrest
• The “actual physical control” component of your DUI
• The administration of our field sobriety test
• Your breathalyzer calibration or observation period
• Your blood draw, chain of custody, or lab testing methods
• Your Miranda rights and right to counsel
• Evidence disappearing and independence of testing

We thoroughly investigate every DUI case to protect your rights and aggressively challenge the prosecution’s evidence. Call The Kaiser Law Group to protect your future.

FAQs

Q: What Are the Penalties for A DUI Conviction?

A: Penalties will depend on the specific charges. First-time DUI offenses account for over half of all DUI charges in the US, and nearly 30% of all DUI cases are repeat offenders across the country. DUI with a blood-alcohol content between .08% and .149% will likely result in:

• At least 10 days in jail
• Hefty fines
• Mandatory community service
• Mandatory installation of an IID, which is proven to decrease eat offenses by 70%
• Mandatory alcohol abuse screening, treatment, and/or education

Q: How Long Does It Take for A DUI to Come Off Your Record?

A: The answer to this question depends on what type of “record” you are focused on. A conviction for DUI in Arizona will stay on your criminal record forever and will typically be discoverable in any criminal background check (such as those performed by a potential employer). In some cases, the conviction can be “set aside,” but that won’t entirely remove it from your record.

Q: Can I Avoid Jail Time for a First DUI in Arizona?

A: Yes. It’s sometimes possible to avoid jail time for a first DUI in Arizona. However, it depends on the circumstances of your arrest. Arizona has mandatory minimum jail sentences for DUIs, but most first-time offenders are eligible to have all but one day suspended if they complete alcohol screening, education, or treatment requirements

Q: Is Your License Suspended Immediately After a DUI?

A: Your license is usually suspended shortly after a DUI arrest in Arizona, but not always right away. If you fail or refuse the blood or breath test, the officer may issue an administrative suspension because of the state’s implied consent laws. You have 15 days to request a hearing from the Motor Vehicle Division to challenge the suspension

Hire a DUI Lawyer Serving Flagstaff

If you need to hire a DUI lawyer, our office has over eight decades of experience, so we know how to investigate, develop, and present your case professionally and effectively. We’re conveniently located in the heart of downtown Flagstaff. Contact us to schedule your initial consultation with an experienced Flagstaff DUI lawyer at The Kaiser Law Group.