Arizona DUI Defense Attorney
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Christian Lueders
Former Maricopa County Felony Prosecutor
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Facing a DUI charge in Arizona can be confusing and overwhelming, given the state’s strict laws and various classifications of offenses. Understanding the differences between each type of DUI is crucial for anyone navigating this legal landscape.
At Guardian Law Group, we’re here to help you make sense of it all. Led by Attorney Christian Lueders, our team defends people facing DUI charges. Christian’s experience as a former felony prosecutor gives him unique insights into the legal system, allowing us to provide effective representation for our clients.
This overview will introduce you to the different types of DUI charges in Arizona, guiding you toward more detailed information based on your specific situation.
Our Case Process
Arrest and Initial Appearance
Whether in a pre-charge stage, or if you have already been arrested, this is when you need a free consultation with our legal team. Ask for your lawyer.
Free Initial Consultation
During your free consultation, our legal team will review your situation, answer your questions, and explain your options and possible next steps.
Pre-Trial & Motions
In the pre-trial phase, we gather all evidence during discovery, and pre-trial motions are filed to address legal issues or suppress evidence.
Trial & Verdict
If your case goes to trial, Christian Lueders uses his experience as a former Maricopa County felony prosecutor to challenge the State's evidence, protect your rights, and present a strong defense before a judge or jury.
Free One-on-one Confidential Consultation
Don’t Wait – Call Us Now to Speak with an Arizona DUI Defense Lawyer
Misdemeanor DUI and DUI to the Slightest Degree | ARS 28-1381 (A)(1) and (A)(2)
A standard DUI in Arizona is a misdemeanor. Under ARS 28-1381 (A)(1), a person can be charged if they drive or are in actual physical control of a vehicle while impaired to the slightest degree by alcohol or drugs, even if their Blood Alcohol Concentration (BAC) is below 0.08%. Under ARS 28-1381 (A)(2), a BAC of 0.08% or more within two hours of driving is also a DUI.
Key Points
- BAC Level: Any level, even below 0.08%.
- Impairment: Based on officer observations and field sobriety tests.
- Penalties: May include jail time, fines, license suspension, and ignition interlock device installation.
Extreme DUI | ARS 28-1382 (A)(1)
An Extreme DUI is charged when a driver’s BAC is 0.15% or higher but less than 0.20% within two hours of driving, according to ARS 28-1382 (A)(1).
Key Points
- BAC Level: 0.15% to 0.199%.
- Penalties: Harsher than standard DUI, including longer jail time, higher fines, and extended ignition interlock requirements.
- Consequences: Can significantly impact personal and professional life.
Super Extreme DUI | ARS 28-1382 (A)(2)
A Super Extreme DUI applies when a driver’s BAC is 0.20% or higher within two hours of driving, as defined by ARS 28-1382 (A)(2).
Key Points
- BAC Level: 0.20% and above.
- Penalties: Even more severe, with longer mandatory jail sentences, higher fines, and extended ignition interlock periods.
- Impact: Can lead to substantial personal, financial, and legal consequences.
Felony Aggravated DUI | ARS 28-1383
A Felony Aggravated DUI is a more serious charge that can occur under several circumstances outlined in ARS 28-1383:
- Driving under the influence with a suspended, canceled, revoked, or refused license.
- Third DUI offense within 84 months.
- Driving under the influence with a person under 15 years old in the vehicle.
- Driving the wrong way on a highway while impaired.
- Committing a DUI while required to have an ignition interlock device.
Key Points
- Classification: Felony offense.
- Penalties: Can include prison time (some aggravated DUI convictions carry mandatory minimum prison), fines, license revocation, and more.
- Long-Term Effects: A felony conviction can affect employment, voting rights, and firearm ownership.
Marijuana DUI (THC Present) | ARS 28-1381 (A)(3)
A marijuana DUI can be charged when a driver is impaired by marijuana, and ARS 28-1381 (A)(3) also covers driving with certain drugs or their metabolites in the body. How the law applies to THC test results, including for medical marijuana cardholders, depends on the facts and the type of test.
Key Points
- No BAC Equivalent: Unlike alcohol, there’s no specific limit for THC.
- Medical Marijuana Users: Even cardholders can be charged if impaired.
- Defense Challenges: Proving actual impairment can be complex.
DUI on Prescription Drugs
Driving under the influence isn’t limited to alcohol or illegal drugs. DUI on Prescription Drugs occurs when legally prescribed medications impair a person’s ability to drive safely.
Key Points
- Common Medications: Painkillers, sleep aids, anti-anxiety drugs.
- Legal Prescription: Having a prescription is not a defense if impaired.
- Awareness: Understanding medication side effects is crucial.
DUI with Commercial Driver's License (CDL) | ARS 28-1381 (A)(4)
A DUI with a Commercial Driver’s License (CDL) has stricter standards. Under ARS 28-1381 (A)(4), a CDL holder can be charged with a DUI if their BAC is 0.04% or higher while operating a commercial vehicle.
Key Points
- Lower BAC Threshold: 0.04% for commercial drivers.
- License Impact: May result in disqualification of CDL.
- Employment Consequences: Affects livelihood and future job prospects.
DUI Accident
A DUI Accident involves driving under the influence and causing a traffic accident. The severity of charges depends on the extent of damage and injuries.
Key Points
- Increased Penalties: If injuries or fatalities occur, charges can escalate to felony levels.
- Restitution: May be required to pay for damages and medical expenses.
- Legal Complexity: Cases often involve both criminal and civil proceedings.
Wrong Way Driver / DUI Impaired
Driving the wrong way on a highway while impaired is charged as a felony aggravated DUI under ARS 28-1383. These cases often draw close attention from police and prosecutors because of the safety risk involved.
Key Points
- Classification: Felony offense.
- Penalties: Prison time is possible, and the law sets a mandatory minimum prison term for a conviction.
- Other Consequences: License revocation and the long-term effects of a felony record.
How Guardian Law Group Can Help
Arizona’s DUI laws are complex, with various classifications that carry different penalties and consequences. Whether you’re facing a Misdemeanor DUI to the Slightest Degree or a Felony Aggravated DUI, it’s essential to understand the charges and your legal options.
At Guardian Law Group, we’re here to provide clarity and support. Attorney Christian Lueders and our dedicated team are ready to help you navigate this challenging time.
Why Choose DUI Attorney Christian Lueders
- Extensive Experience: As a former felony prosecutor, Christian understands how prosecutors build DUI cases and what to look for in the evidence.
- Personalized Defense: We tailor our strategies to your unique situation.
Dedicated Support: Our team is committed to guiding you through every step of the legal process.
Our Mission & Promise to You
Guardian Law Group is dedicated to providing exceptional legal representation to those facing criminal charges in Arizona. We take a personal approach, combining legal knowledge with individual attention so you feel supported throughout the entire process.
If you or someone you care about is facing criminal charges in Arizona, you don’t have to go through it alone. Attorney Christian Lueders and the team at Guardian Law Group are committed to your freedom and ready to help.
Personalized Representation
We understand that every case is unique and tailor our approach accordingly.
Aggressive Defense
We’re relentless in defending your rights and pursuing the best possible outcome.
Keeping You Informed
We believe in keeping you updated at every stage so you can make confident decisions.
Your rights, freedom, and future are important. Let us put our experience and dedication to work for you.
- Phone: 602-888-8020
- Our Office Location: 3101 N Central Avenue, Suite 850, Phoenix, AZ 85012
- Free Confidential Consultation: Contact us to schedule a meeting to discuss your case in detail.