Scottsdale DUI Lawyer
Scottsdale DUI Defense: Frequently Asked Questions
What is a DUI?
In the city of Scottsdale, a DUI is a very serious criminal charge that usually involves driving while impaired because of drugs or alcohol. It can also be classified several ways depending on factors such as actual blood alcohol level, number of prior convictions, and other key factors involved in the incident itself. DUI is a criminal offense and it will become a part of your permanent record if you are convicted. DUI convictions cannot be expunged.
If stopped by a Scottsdale police officer, should I consent to any field or chemical tests?
You are completely within your constitutional rights to refuse to submit to any field sobriety tests, including the "eye" test where the officer will ask you to follow a pen or flashlight back in forth. Scottsdale Police officers also use portable hand-held breath testing devices sometimes referred to as PBT's (or Portable Breath Tests). The results from these machines are not admissible in court and most Scottsdale DUI lawyers will recommend that you do not provide a breath sample for that particular device.
It is important to understand the difference between these pre-arrest roadside tests and the post-arrest chemical test that may be requested. Once the Scottsdale Police officer has arrested you for DUI, he can initiate a drivers license suspension of at least 12 months if you refuse to submit to a blood, breath, or urine test. In Scottsdale, the police almost uniformly take blood during this stage. By law, the officer is required to notify that a suspension will occur if you refuse this test. Many Scottsdale DUI Attorneys suggest that you inform the arresting officer that you wish to consult with an attorney before submitting to a post arrest test.
Do I really need a lawyer if I’m facing DUI charges?
If you are serious about protecting your rights and maximizing the chances of beating your charges, you should consider hiring an experienced Scottsdale DUI attorney to help protect your rights and stand up for you in court. If you cannot afford to retain a private attorney, then definitely take advantage of the public defender services you are entitled to under the law. A lawyer knows the intricacies of the law much better than a layman does, and it is in your best interests to get one on your side as opposed to attempting to represent yourself.
What happens if I lose my DUI trial?
Although all misdemeanor DUI conviction require a jail sentence, it is unlikely that you will be taken into custody right away. Most Scottsdale judges permit you to turn yourself into the jail at a specified date not later than 30 days after your conviction.
Depending on whether you have any prior felony convictions, there is a small possibility that you could be remain our of custody pending sentencing if convicted of a felony DUI. Although most judges do order the sheriff to take you into custody after the trial is concluded, you will received credit toward your prison sentence for the time you spend in custody while awaiting sentencing.
If I get jail time for a DUI in Scottsdale, where will I be serving it?
Most jail sentences are served at the Maricopa County Jail. Although the conditions there are considered harsher than the Scottsdale City jail, there are certain benefits to serving your time there. Unlike the city jail, the county jail has a work release program that will permit you the opportunity to leave the facility and go to work while serving your sentence. In addition to minimizing your time within the jail, this option also allows you to maintain your employment and earn money during your sentence.
Whether you are given the option of completing your sentence at the Scottsdale City Jail usually depends on the length of your sentence. If you have been convicted of a first time non-extreme DUI, you will typically be given this choice. If you have an option as to where to serve your time, be sure to confer with your attorney as to what would be best in your case before making any final decisions.
What is an ignition Interlock Device?
An Ignition Interlock Device attaches to the ignition system of your car and will prevent the vehicle from operating unless an alcohol free breath sample is provided. All DUI's usually involve a drivers license suspension or revocation and will require that you use an IID for a period of time thereafter. Once your driving privileges are eligible for reinstatement, you should have an ignition interlock system installed prior to reinstating your license. You will be financially responsible for the IID and should expect to have to pay approximately $75 per month for the system.
What happens to my insurance if I’m convicted of a DUI in Scottsdale?
This depends on your insurance company and your personal driving record. Most insurance companies will either increase your premiums or cancel your policy altogether once they are notified of your conviction. Also, depending on what type of license suspension is imposed and the facts of your case, you may be ordered to carry "SR-22" or high risk insurance. Needless to say, these types of polices involve expensive premiums. Consulting with an experienced Scottsdale DUI attorney could help you avoid this MVD requirement, even if you are found guilty in court.