If you are facing a DUI charge in Arizona, is it worth fighting? Should you hire an attorney to fight your DUI in court? Or, is hiring an attorney only going to add to the costs of your arrest?
While there are no guarantees, hiring an experienced Phoenix DUI attorney will be well worth it in most cases. The costs of a DUI conviction can be substantial, and if your attorney can help you avoid these costs, whether by negotiating a plea deal or getting your DUI charge dismissed, this will save you a substantial amount of money in the long term. It is also worth noting that the consequences of a second DUI are even greater. If you choose not to fight your DUI and you get arrested for drunk driving again, you will be facing a minimum of 90 days behind bars.
5 Reasons Why It Is Worth Fighting Your Arizona DUI
Why shouldn’t you simply accept the consequences of your arrest? Here are five reasons why it is worth fighting your Arizona DUI:
1. Arizona Law Imposes Steep Penalties (Including Mandatory Jail Time) for All DUI Offenses
Arizona has some of the toughest DUI penalties in the country. For a first-time DUI offense involving a blood alcohol concentration (BAC) of 0.08% to 0.14%, the potential penalties include:
- A minimum of 10 days in jail (though 9 days may be suspended contingent on attending alcohol screening and classes at your expense)
- Community service
- Roughly $1,500 in fines, surcharges, and assessments
- Ignition interlock device (IID) installation and monitoring at your expense
- Continuous alcohol monitoring (CAM) at your expense
If your BAC was 0.15% or above, if you caused an accident or were driving the wrong way, if you had a minor in your vehicle, or if you already have a prior DUI, the penalties you are facing could be far greater. Along with months or years of jail time, you could be facing several thousand dollars in fines and other financial penalties, in addition to IID and CAM requirements and other serious consequences.
2. A DUI Conviction Will Have Costs Far Beyond Those Imposed in Court
While the court-imposed penalties for DUI convictions are substantial, they could ultimately represent just a small fraction of the total costs of your DUI. This is because a DUI conviction can have costs far beyond those imposed in court. Some examples of these costs include:
- Loss of your driver’s license (plus transportation costs and the cost of having your license reinstated)
- Vehicle impound (plus daily storage fees and the cost of getting your vehicle out of impound)
- Increased auto insurance premiums for several years (this alone can add thousands of dollars to the cost of your DUI)
- Loss of job opportunities (which could set you back in your career and result in long-term loss of income)
- Academic, professional licensing, military, or immigration consequences (which could all add significantly to the costs of your DUI as well)
With these potential costs in mind, a DUI conviction can truly be a life-changing experience. You owe it to yourself to protect your future by all means available, and this starts with hiring an experienced Phoenix DUI attorney who can help you effectively fight your DUI.
3. You May Be Able to Assert Several Defenses Even if You Were Driving Drunk
In many cases, people choose not to fight their DUI charges because they assume they will be found guilty in court no matter what. This assumption is deeply flawed. Not only are there defenses you can assert if you have been wrongly charged with DUI, but there are defenses you can assert if you got caught driving drunk as well.
Regardless of the facts of your case, the prosecution has the burden of proof. If prosecutors cannot prove that you violated Arizona’s DUI statute beyond a reasonable doubt, you are entitled to a “Not guilty” verdict regardless of your BAC at the time of your arrest. This means that you may be able to avoid a conviction by asserting defenses such as:
- Your BAC reading and/or field sobriety test (FST) results are unreliable
- The police stopped you without reasonable suspicion
- The police arrested you without probable cause
- Prosecutors are withholding exculpatory evidence
- Prosecutors don’t have the evidence they need to meet their burden of proof
Whether prosecutors don’t have the evidence they need or their evidence is inadmissible in court (either because it is unreliable or it was obtained in violation of your constitutional rights), you should not accept the life-altering consequences of a DUI conviction if you have any grounds to challenge the prosecution’s evidence against you.
4. Securing a Plea Bargain Will Substantially Reduce the Consequences of Your Arrest
Even if you don’t have any of these defenses available, you may still be able to substantially reduce the consequences of your arrest by securing a plea bargain. In most Arizona DUI cases, securing a plea bargain involves pleading guilty to reckless driving, or what is commonly referred to as a “wet reckless.” While reckless driving convictions still have consequences, the consequences are nowhere near as severe as those of facing a DUI conviction in court.
5. Ultimately, Fighting Your DUI Can Be Your Least Costly Option
Given everything we’ve discussed, fighting your DUI can ultimately prove to be your least costly option under the circumstances at hand. If you don’t fight your DUI, you will almost certainly face all of the consequences discussed above. Fighting your DUI gives you the chance to avoid these consequences, and with an experienced Phoenix DUI attorney on your side, you can maximize your chances of securing a favorable result that protects your future.
Schedule a Free Initial Consultation with a Phoenix DUI Attorney Today
If you are facing a drunk driving charge in Arizona, we strongly encourage you to contact us for more information. To schedule a free initial consultation with an experienced Phoenix DUI attorney as soon as possible, call 480-897-8737 or tell us how we can reach you online today.