DUI Attorney Nick Alcock Answers the Top 10 Questions
CAN YOU REALLY WIN A DUI CASE IN ARIZONA? HERE ARE THE TOP TEN FAQs ABOUT DUI IN AZ
As a DUI Attorney, the most commonly asked question I get is, “Can you really win a DUI case in Arizona?” This is a completely valid question. Many people who have been charged with a DUI hear a variety of answers to this question. Here are some common beliefs.
1) Is it possible to win a DUI Case?
Many think that it is impossible to win a DUI in Arizona and it’s not worth the money to hire a DUI lawyer. It is true that most people who are arrested and charged with a DUI wind up with some type of conviction on their record. However, there is a huge difference between different types of DUIs. A person originally charged with an Aggravated DUI might face months in prison. That same person may wind up with a misdemeanor plea offer. While this person technically “lost” their DUI, the outcome of their case was obviously improved.
2) How can I tell if my DUI case is worth fighting?
Every case is different, you can’t know which is a good case and which is bad. While some people think this, qualified DUI attorneys know that it is possible to determine which cases are better to to take to trial than others. This is why we offer a free consultation. We will tell you what we think your chances are.
3) Can a DUI attorney promise a win?
I should be able to find a DUI attorney who will promise me that I will win my case. Actually, it is not a good idea to retain a DUI lawyer who makes impossible guarantees. It is impossible to know the outcome of a jury trial until you actually complete the trial. Nobody can or should guarantee a result in a criminal case.
Here’s the good news. Most of the time there is something that happens during the course of the investigation that allows a skilled DUI attorney to dismiss a case. For example, I recently handled a case where the police responded to an apartment complex due to neighbors complaining of a person driving recklessly around the parking lot. The police arrived, saw a man matching the description of the complaining caller jump into his truck and drive away. They pulled him over and he was later found to be three times the legal limit.
At face value, it would be difficult to see how a case like this can be won. However, we filed a motion to dismiss and the judge threw the case out. Why? Because the judge agreed that the police did not see a traffic violation and the anonymous call was not, by itself, enough to pull a car over. It’s hard to know when a case can be won at the beginning of a case, but we employ former DUI prosecutors for a reason. We know what to look for and how to frame a DUI case to get the best result possible. You can always call our DUI lawyers for a free phone consult.
4) What should I do if I am pulled over for a DUI?
5) Why am I charged two different ways for the same DUI?
The short answer is due to the fact that the state law allows police to charge drivers for both impaired driving and for driving with a blood alcohol concentration greater than .08 within two hours. Click below for more details.
CHARGED WITH TWO SEPARATE OFFENSES FOR DUI
6) HOW MUCH SHOULD I PAY FOR A DUI ATTORNEY?
The truth is that if you cannot afford to hire a DUI lawyer, don’t. The state offers public defenders who represent indigent clients who cannot pay for their own counsel. I routinely advise people to take their time when hiring a DUI attorney to make sure that they can afford our services and that our payments won’t cause a severe economic disruption.
The good news is that our DUI firm offers affordable fees and payment plans. We can start most cases with a down payment of around $500. Depending on the case and the payment plan, we can handle DUI cases for as little as $2,000.
Be careful to make sure you fully understand the fee agreement offered by any attorney. Many lawyers charge additional fees for trial or MVD hearings. We don’t. Why? Because it is our obligation to make sure that our clients are never surprised by an additional bill. We want you to know exactly how much we will charge and exactly how much you will pay during your payments.
7) IF I AM CONVICTED OF A DUI IN ARIZONA, CAN DUI ATTORNEY HELP ME AVOID JAIL?
The quick answer is no, if you are convicted of a DUI in Arizona, you have to do at least one day in jail. There is no community service or fine-alternative that lets you work off your jail time. Our job is to win your case, if at all possible. If it isn’t possible, then we work to reduce your jail time to the absolute lowest time that we can negotiate.
Fortunately, there have been many changes to DUI sentences in Az. It is now possible to do only a few days in jail, followed by home detention where before the sentences could stretch into 30 or 45 days. Here’s where you need to take advantage of our free DUI attorney consultations. If you are worried about going to jail, give our firm a call at 602-989-5000. A DUI lawyer is ready and able to answer your concerns over the phone.
HOW LONG DOES THE DUI PROCESS TAKE?
Generally speaking, a DUI Attorney needs several months to handle a case in Arizona. If the case is dismissed quickly, the whole ordeal can be over with within a few days or weeks. However, if your case goes to trial, then expect the process to last five or six months.
Fortunately, your DUI lawyer may be able to attend court for you. This is common in many city and justice courts. There is nothing unusual about a private attorney negotiating with the prosecution without their client. At some point, you will probably have to appear in court.
Unfortunately, it can be weeks or months before police reports are drafted. Worse, it can be even longer before blood results come back from the lab.
As DUI attorneys, our job is to push the case as quickly as possible if it is in the best interest of our client. There are some cases where our clients do not want to resolve their case as soon as possible. We will learn about your particular needs. If you want us to move fast, we will. If you are interested in a slow and methodical approach, we will work with you.
9) WHAT IS COURT LIKE?
Unlike the movies, DUI courts are typically not imposing and intimidating. Most city and justice courts process hundreds of DUI cases every week. It is very unusual for a judge to scold a misdemeanor DUI defendant. I strongly advise my clients to go down to the court to see how their judge handles cases. This removes much of the fear and stress of the process. When my DUI clients see how many cases are processed and how matter of fact the judges are when they deal with cases they usually feel much better.
Our DUI lawyers are trained to eliminate stress and handle all the small details. If you retain our firm, you will not be in the dark, wondering what the system is like. Instead, our firm will work to educate and inform you. Our job is to protect you and win your case.
10) HOW DOES HORIZONTAL GAZE NYSTAGMUS WORK?
People always have questions and concerns about the HGN or “pen” test. Click on the link below to watch a video that explains this DUI field sobriety test.
CLICK HERE TO LEARN ABOUT THE “PEN” TEST
DUI attorney Nick Alcock is the owner of Alcock and Associates, located in Phoenix, Arizona. They serve Glendale, Gilbert, Chandler, Tempe, Scottsdale, Mesa and cities throughout Maricopa County. Call for more information 24/7.
