DUI and Criminal

When you are looking for a Criminal and DUI Defense Lawyer in Tucson, experience and knowledge matters. You need to have a trained defense attorney look for weaknesses in the prosecutor’s case and defend you to the fullest extent possible. Your quality of life may depend on it.

Criminal Cases: What can I do for you?

             I represent you in court and speak on your behalf.  Depending on what type of case it is I can waive your presence at court. In other words you will not have to go to most of the hearings. Often in a DUI case, for example, you may have up to 4 or 5 separate hearings before the case is resolved. This may entail four or five days of missed time at work even if the case is dismissed.  This is extremely helpful so you can focus on your job and making a living. While at court and during the discovery process I gather information and evidence about your case. This includes speaking with witnesses, examining the police reports, and negotiating with the prosecutor. I do everything I can do to find a weakness in the prosecution’s case. A weakness in their case is a strength to our case. This helps in plea negotiations and also obviously may help when it and if the case goes to trial. Remember the prosecutor is not obligated by law to offer a plea bargain. Even when a plea is offered it takes a lot of work and favorable facts to get them to budge from the original plea offer. This is one area besides trial and advice where having an attorney is essential to a good defense. Having a smart and persistent lawyer with good relations with the prosecuting agencies can make all the difference in many cases.

          I then advise you about your case, including possible defensive strategies and the existence of any plea bargain offer by the prosecutor. I will do my very best to see if I can get your case dismissed through various motions and other less formal means. If I can not convince the prosecutor or judge to dismiss the case based on a sound factual or legal basis, I negotiate the best plea I can under your specific set of facts and the particular prosecuting agency involved.

Please call 520 965-5478 to schedule a consultation.

 

 

Some of the most common first offenses committed in Pima County are:

  • DUI
  • so called “wet reckless” driving
  • Assault
  • Minor in Possession of Alcohol
  • Domestic Violence such as  Family Fights/Arguments
  • Disorderly Conduct
  • Reckless Driving or Criminal Speeding
  • Driving on a Suspended License
  • Marijuana Possession
  • Shoplifting
  • Various Alcohol violations
  • Drug violations

MVD ISSUES

  • License suspensions and revocations
  • Interlock Device Issues

Although many of these offenses are considered misdemeanors, it is important to consult with an experienced Tucson defense attorney who can protect your future and ensure that you are making informed legal decisions.

Types of DUI Charges

Typically a person can be charged with up to four (5) different crimes stemming from one DUI arrest depending on the level of alcohol or drug detected. In most cases the person is charged with the “impaired to slightest degree” first and other charges described below are added to the initial charge once the alcohol content is revealed by chemical tests. The chemical tests usually involves blood tests or breathalyzer tests. If you were arrested by the Pima County Sheriff’s Department or the Arizona Department of Public Safety you will normally be subject to a blood test. In the case of blood tests a person may not know the full extent of the charges until at least three months after the arrest. If drugs are suspected in can take significantly longer than 3 months.

The charges are described below;

 

  1. (Slightest Degree Charge) – It is unlawful to drive or be in physical control of a motor vehicle while under the influence of intoxicating liquor, drug, vapor or any combination thereof.
  2. .08-149 (Legal Limit Charge)-  It is unlawful to drive or be in physical control of a motor vehicle with an alcohol concentration of .08 or more within two hours of driving.
  3. Extreme Charge – It is unlawful to drive or be in physical control of a motor vehicle with an alcohol concentration of .15 or more within two hours of driving
  4. Super Extreme Charge- It is unlawful to drive or be in physical control of a motor vehicle with an alcohol concentration of .20 or more within two hours of driving
  5. Drug DUI

9 Ways to fight and possibly win your  DUI Case

Depending on the facts of your case one or more motions related to these defenses can be filed. It is important to learn if any of these apply to your specific case. They may not.

  • Lack of Reasonable Suspicion for Stop (unlawful stop)
  • Lack of Probable Cause for Arrest
  • Miranda rights Violations
  • Field Sobriety Tests and their validity can and should be attacked
  • Chemical Test Validity Problems
  • Breathalyzer calibration
  • Breathalyzer maintenance
  • Officer Qualifications and Opinions
  • Blood test timing and contamination issue

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