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Guardian Law Group
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Strong, Aggressive DUI Defense

Why do you need an aggressive, experienced attorney? Your case result is all that matters. 


Arizona has the toughest DUI laws in the country. A DUI arrest anywhere in Arizona can have severe consequences; both immediate and long-term. Will a DUI conviction cost you your job? Will your license be suspended? How will this affect your car insurance? Are you facing jail time? How much are the fines and fees? 


You have guaranteed rights at every stage of a DUI case, but police, prosecutors, and judges are not required to inform you of most of these protections. In fact, prosecutors have been building a case against you from the moment you were contacted by police. It is important for you to know your rights.

 

No two DUI cases are alike, and no one can forecast how your Arizona drunk driving or drugged driving defense will play out. Guardian Law Group confidently offers an aggressive and affordable DUI defense strategy tailored to every case, including cases involving difficult legal issues.


Call Guardian Law Group now to speak with a DUI Attorney -- (602) 935-5039 

Affordable Defense

Whether your case involves alcohol-related DUI or a DUI-drugs, the financial consequences can be costly: loss of a job, skyrocketing insurance costs, thousands in fines and fees, etc. 


Beating a DUI charge is goal #1, but there is no reason why your attorney should charge an arm and a leg. 


Guardian Law Group offers a free case review and consultation. 


Call Guardian Law Group now to speak with a DUI Attorney -- (602) 935-5039   

Guardian Law Group Covers Arizona

Guardian covers courts in every corner of Arizona including: Phoenix, Scottsdale, Glendale, Avondale, Peoria, Mesa, Tempe, Paradise Valley, Chandler, Gilbert, Prescott, and Flagstaff. 


We will fight for you no matter where your case is charged: 


  • Justice Court (misdemeanors, civil offenses)
  • City/Municipal Court (misdemeanors, civil offenses)
  • Superior Court (felonies)

DUI: Potential Criminal Consequences

Why do you need an aggressive, skilled attorney on your side? Because Arizona's DUI laws are unforgiving. 


Regular DUI - 1st Offense (A.R.S. § 28-1381(A)(1)-(2): Impaired to the Slightest Degree and/or .08 - .149% BAC): 

  • Minimum 10 days in jail (9 days may be suspended with alcohol screening) 
  • Court ordered alcohol counseling 
  • $1,500 - $2,500 in fines, fees, and surcharges
  • Mandatory Ignition Interlock Device installation - 12 months (approx. $1,200 - $1,500)
  • Up to 6 months in jail (if the sentencing judge finds aggravating factors)
  • Up to 3 years probation


Regular DUI - 2nd offense within 7 years (A.R.S. § 28-1381(A)(1)-(2)):

  • Minimum 90 days in jail (60 days may be suspended with mandatory alcohol counseling) 
  • Fines, fees, and surcharges starting at $3,500
  • At least 30 hours community restitution (community service)
  • 1-year license suspension
  • Mandatory 12-month Ignition Interlock Device installation  (approx. $1,200 - $1,500)


Extreme DUI - 1st Offense (A.R.S. § 28-1382(A)(1): .15 - .19% BAC):

  • Minimum 30 days in jail (all 30 days must be served) and defendant MUST pay jail costs (about $120/day)
  • $2,780 in fines, fees, and surcharges
  • Mandatory 12-month Ignition Interlock Device installation (approx. $1,200 - $1,500)
  • Mandatory alcohol counseling 
  • Mandatory Traffic Survival School 
  • 3 years probation
  • Potential license suspension 


Extreme DUI - 2nd DUI offense within 7 years (A.R.S. § 28-1382(E) .15 - .19% BAC)

  • Minimum 120 days in jail (all 120 days must be served) and defendant MUST pay jail costs 
  • $3,750 in fines, fees, and surcharges
  • Mandatory 18-month Ignition Interlock Device installation (approx. $1,500 - $2,000)
  • Mandatory alcohol counseling 
  • At least 30 hours community restitution (community service)
  • 3 years probation
  • 1-year license revocation


Super Extreme DUI - 1st Offense (A.R.S. § 28-1382(A)(2) .20% BAC and above):

  • Minimum 45 days in jail (all 45 days must be served) and defendant MUST pay jail costs 
  • $2,750 in fines, fees, and surcharges
  • Mandatory 18-month Ignition Interlock Device installation (approx. $1,500 - $2,000)
  • Mandatory alcohol counseling 
  • At least 30 hours community restitution (community service)


Super Extreme DUI - 2nd DUI offense within 7 years (A.R.S. § 28-1382(E) .20% BAC and above)

  • Minimum 180 days in jail (all 180 days must be served) and defendant MUST pay jail costs (approx. $4,700 in jail fees, and surcharges)
  • $3,750 minimum fines, fees, surcharges
  • Mandatory 24-month Ignition Interlock Device installation (approx. $2,500)
  • Mandatory alcohol counseling 
  • At least 30 hours community restitution (community service)
  • Minimum 1-year license revocation


Click here to learn about a 3rd or subsequent DUI within 7 years. 

DUI Defenses

If you're facing DUI charges, the prosecutor and police have a big head start. The evidence has been collected, analyzed, reviewed, and prepared for prosecution against you. However, their evidence is often flawed. Police can and do make mistakes. Don't buy into tough talk from the prosecution. Very few cases are a lost cause and Guardian Law Group puts every case to the test:  


  • Reasonable Suspicion to Stop.  Believe it or not, police officers can't pull you over on a hunch, a whim, or because they don't like you and your car/motorcycle. They need very specific reasons to perform a traffic stop, and they need to document those reasons very carefully. Failing to do so can get your case dismissed.


  • Probable Cause for Arrest. Regardless of their reason for contacting you in the first place, an officer needs probable cause to arrest you. Again, proof of that probable cause can be the key to your case. Police often rely on field sobriety testing to make an arrest decision. Did the officer perform those tests as they were designed and validated? Did the officer fail to document his findings? Guardian will aggressively challenge the presence of probable cause. No probable cause for arrest = arrest will be invalidated. 


  • Actual Physical Control. In Arizona, you need to be either driving or in "actual physical control" of the vehicle to be convicted of a DUI. There are many factors in determining actual physical control: did the officer find you parked on the side of the road, were you asleep, reclined in the driver's seat, parked with no intention of driving? This defense requires a skilled and experienced attorney, but it's one of the best defenses to a DUI.


  • Right to Counsel Violation. You are constitutionally guaranteed your right to consult with an attorney at certain critical stages of a criminal investigation. Did the officer give you a chance to call an attorney as soon as reasonably possible? Were you given privacy and ample time to make that call? Were you provided your own cell phone? 


  • Breath Testing. All DUI breath testing in Arizona is performed with the Intoxilyzer 8000. This instrument is far from foolproof, requires constant calibration at regular intervals, and must be operated by trained personnel. Mistakes at any point during the maintenance or operation can get your breath result thrown out. 


  • Blood Testing. Crime labs in Arizona use Headspace Gas Chromatography to analyze blood samples and determine the Blood Alcohol Concentration ("BAC"). Guardian Law Group consults with forensic experts to break down the collection and testing procedures and explain the effects of alcohol consumption on a driver.


  • Duplicate/Independent Testing Violation. Law enforcement breath/blood testing can be inherently flawed. This is why Arizona law ensures every DUI suspect is given the right to ask for and arrange for their own independent blood draw and test. 


  • Miranda Violations, Coercion, Threats, Intimidation, Voluntariness, etc.  Police are required to follow certain rules during an investigation - to protect the rights of suspects. But many times they become focused on proving a conclusion or "getting their suspect." Were you promised anything in return for your cooperation in the investigation - however small? Were you threatened with adverse treatment or consequences for failing to cooperate? Did you provide statements without a Miranda warning? Any violation of your rights during an investigation can lead to a dismissal. 


This is only a short list of the common legal defenses to a DUI. An experienced, aggressive attorney from Guardian Law Group will evaluate every aspect of your case and discover every available defense - including the UNCOMMON defenses that can often lead to a great case outcome. 


Call Guardian Law Group now to speak with a DUI Attorney -- (602) 935-5039    

Guardian Law Group

2929 East Camelback Road - Suite 224, Phoenix, Arizona 85016

(602) 935-5039

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