177 N. Church Ave
Suite 312
Tucson, AZ 85701
(480) 557-7800
(520) 624-7800
(espanol)

1839 S. Alma School Road
Suite 264
Mesa, Arizona 85210
(480) 557-7800
(520) 624-7800
(espanol)

Queen Creek Drunk Driving Law

Most people in Queen Creek, Arizona, don’t really know what the drunk driving laws are. If you or a loved one hasn’t had to deal with a DUI charge, you might think that they are something that only happens to people who habitually drink and drive or routinely flout the law in other ways.

But did you know that many of the people charged with DUIs are facing the first ever criminal offense of their lives? That’s right. And it’s not some seedy underbelly of the area, but regular people who have families, go to work, and pay taxes.

Unfortunately, that realization doesn’t tend to hit home with people until they are the ones being told by the police that they’re being charged with a DUI. For many, this comes as a complete surprise, even if they get stopped and they know they’ve had a drink or two.

When this happens, the embarrassment and worry sets in and your mind begins to race: Are they going to take your driver’s license away? If they do, how will you pick up the kids or get to work? And if you can’t work, how will you make money to pay off the fines you’re sure to get? Will they take your car? Send you to jail? What’s going to happen to you?

Queen Creek DUI laws can seem complicated and confusing, but not if you act quickly to get an experienced and knowledgeable attorney on your side. The faster they start working on your case, the better their chances of building your defense and helping you to get the best possible outcome. And if you are feeling worried or confused, they can walk you through the entire process so that you know what’s coming at each and every point.

Queen Creek DUIs: How the Law Works

A cop can pull you over in Queen Creek if it is part of a sanctioned DUI checkpoint or if they observe you engaging in behavior that gives them probable cause to do so. Probable cause is one of those things that’s tricky, and if need be a good Queen Creek DUI lawyer can argue against it.

Police officers can ask you pretty much whatever they want in an attempt to get you to admit to drinking and driving or provide them with an opportunity to see you acting in a manner that makes them believe you are intoxicated, but all you have to do is tell them your name, give them your driver’s license, and take a breath test if one is offered to you.

Not complying with the breath test may seem like a smart way to avoid “proof” that you’ve been drinking, but it’s a bad idea because Arizona’s implied consent laws say that your license will be automatically suspended for a year just for refusing the test. Keep in mind that this is something that happens even if you end up beating the DUI charge. Skilled Queen Creek DUI attorneys know how to argue against the validity of breath tests, so just take it and worry about it later.

Once you are officially charged with a DUI, you should know that it really encompasses two different charges. The first charge is for driving while impaired by alcohol, and the second charge is actually testing over a .08. If you did not test over a .08 and were still charged with a DUI, make sure that your lawyer knows immediately.

Queen Creek Drunk Driving Penalties

As with any crime, if you are a repeat offender, the penalties you face will go up. They’ll also increase if your blood-alcohol content is considered “extreme,” and if you got into an accident before you were arrested that caused any property damage or left anyone hurt or killed. For the latter two scenarios, the typical misdemeanor charge associated with a DUI is bumped up to a felony and carries with it far greater punishments. However, there is a fairly standard set of penalties that is associated with getting a basic DUI charge.

  • 10 days in jail. Most people don’t realize that DUIs have attached jail time, but they do. In Arizona, it’s actually anywhere from 10 days to six months, but most people end up only spending one night in jail because the judge reduces their sentence if they attend counseling.
  • 1 year of probation. Again, technically you can get anywhere from 1-5 years, but most people are only given a year.
  • $250 in fines. And that doesn’t include extra surcharges that you are forced to pay, or another $250 that goes to the Arizona DUI Abatement Fund.
  • 90 days without a license. Because that’s how long your suspension will last.

People whose breath test results are over .15 (twice the legal limit) will face all of these punishments as well as:

  • Increased jail time. Instead of starting at 10 days, extreme DUIs start at 30 days of jail. However, just like with regular DUIs, you can get judges to reduce your sentence by attending counseling. In that case, you’ll have 10 days of jail.
  • Installation of an Ignition Interlock Device. No driving your car until you breath into it to prove that you haven’t been drinking.
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