The Arizona DUI Process: By DUI Attorney Nick Alcock
The Arizona DUI process will vary from case to case. Details such as location of arrest, location of the court, and whether you were charged with a misdemeanor or a felony DUI will all play a role in the process of your DUI case. Regardless, one of the experienced DUI attorneys at our law firm will help guide you through this process so you completely understand your rights, any potential risks you face, and the likelihood of acquittal at trial.
Please use the following as an informational guide to assist you in educating yourself about the DUI process. Feel free to call our DUI Attorneys for a free consultation. 602-989-5000
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Here are the simple steps that a typical DUI follows:
The traffic stop: There are a number of ways the police can botch the traffic stop. Generally speaking, the police must have reasonable suspicion that criminal activity has occurred. Or, at a minimum, they must witness a civil traffic violation to justify pulling over a car. Our DUI attorneys are very skilled at looking for ways to beat a DUI due to a “Bad Stop.”
Investigation: The police can’t simply pull somebody over and force them to answer questions. Anybody, citizen or not, in the United States of America has the ability to ask to speak with their DUI attorney. Doing so prevents the police from asking further questions. Cases can be dismissed in Arizona for failure to allow DUI defendants the ability to speak with their counsel. These motions are called, “Right to Counsel” motions. Furthermore, there are a number of ways to dismiss DUI cases for other investigatory mistakes.
Arrest: DUI defendants can’t be arrested without probable cause. This means that the police must have evidence which shows that it is more probable than not that the person has committed a crime. Where a driver refuses field sobriety tests, it can be difficult for the police to reach this burden. This is why it is so important to know you rights and know that you can refuse to do the “finger to nose,” “pen” and “one leg stand” tests. When in doubt, ask to speak with legal counsel. This will stop the police in their tracks.
Booking: For felony DUI cases and some misdemeanor DUI cases, subjects are sometimes booked into jail. For the most part, however, most people pulled over for a drunk driving case in Arizona they are simply given a ticket and allowed to show up to court on their own. If you have been pulled over for a DUI but you weren’t cited, this does not mean that you are free and clear. For misdemeanors the police have up to a year to file charges. Felony DUI cases can take years to file. Please call our DUI attorneys if you have questions about the possible charges.
Arraignment/Initial Appearance: This is usually a very simple hearing. Defendants are read their charges and then given a new court date. The only wrinkle here is that sometimes people enter pleas of guilty because they are frightened or intimidated. There is nothing wrong with telling the court that you are not guilty so that you can take a look at the case against you.
Pretrial Conference: These conferences are also pretty low stakes. Most courts that handle DUI cases handle a huge number of defendants every day. The pretrial conference is a way to get the cases moving and the two sides together. Typically you don’t have to say or do anything during a pretrial conference, other than say your name and tell the court that you will appear at the next setting.
Change of Plea (If a guilty plea is entered) If you do want to enter a change of plea (If you want to tell the judge that you are guilty) then the process usually takes about 10 minutes. It is a simple hearing where the judges makes sure that you understand the plea and the penalties. Judges look for defendants who are confused or mistaken about the process. In particular, they will ask if anyone has forced you or intimidated you to sign the plea. Then the judge will listen to the “factual basis” or the facts about your case. If the judge is convinced that there is evidence that you committed a crime, the change of plea will be entered.
Motion to Dismiss (If the case is dismissed) We routinely file motions to dismiss DUI cases in Arizona. Our DUI attorneys argue that the state has made some mistake or that the police erred in their investigation. When your case is thrown out, there are two possible ways this can be done. A judge can dismiss a case with or without prejudice. With prejudice means the case can never come back. Without prejudice means that the prosecutors can restart the case if they so choose.
Trial Management Conference: When cases start to get older, the judge will set a trial management conference–or TMC. A trial management conference sorts out the details of trial. At this point it is usually difficult to work out a plea agreement. The parties are stating that the case is going to trial.
Trial: Trials usually take one to two days. In most cases, the courts select juries in the morning, hear opening statements, witness testimony, and then closing arguments. Most people agree that trials are both stressful and boring at the same time..
Sentencing: If you are found guilty, the judge will impose your sentence. For most misdemeanor cases, the judge will allow you to “self-surrender” or turn yourself in to jail. Felony Class 4 Aggravated DUIs? The judge will take you into custody when you plead guilty.
Please do not hesitate to call our DUI attorneys to answer any questions that you have about DUI cases in Arizona. Our DUI lawyers will take the time to understand the particular aspects of your case and make sure that you know what you face. Call 602-989-5000.
DUI attorneys at Alcock and Associates are licensed to practice in Phoenix and across the state of Arizona. We know that it is sometimes a very scary thing to call a DUI lawyer. Don’t worry. We will treat you with respect and confidentiality. You can have a lawyer working for you today. Call now. 602-989-5000.
Since every case is unique, one of our DUI defense attorneys can carefully go over all of the details of your case to help you understand
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