DUI FAQs: Find The Answers You Need
If you have been accused of a DUI, you probably have many questions. It is suggested that clients look through our list of DUI FAQs and schedule an initial consultation at our Phoenix, AZ. office. Attorney James E. Novak handles all forms of criminal law, with a primary focus on DUI cases. Knowing how stressful and confusing a DUI charge can be, he will walk you through every step of the process. Contact The Law Office of James Novak today to discuss your DUI case.
Frequently Asked Questions
- What is the blood alcohol content (BAC) limit in the state of Arizona?
In the state of Arizona, if you are driving with a BAC of 0.08 or higher, you will be charged with a DUI. If you operate a semi or large commercial truck with a commercial driver’s license (CDL), the Arizona limit is 0.04.
- What are the penalties of a DUI in Arizona?
You face up to ten days in jail for a first-offense DUI, several hundred dollars or more in fines and fees, a license suspension for 90 days, and the installation of an ignition interlock device (IID) on your vehicle. A second or subsequent offense within seven years will result in additional jail time, steeper fines and fees, and a license suspension for one year.
- Is a DUI considered a misdemeanor or felony charge in Arizona?
In most cases, a DUI is considered a Class 1 misdemeanor in Arizona. If you receive multiple DUIs within seven years, receive a DUI with a minor in the vehicle, or you cause property damage, injuries, or fatalities while driving under the influence, you will be charged with an aggravated DUI, which is a felony charge in the state of Arizona.
- Am I required to consent to a breath, blood, or urine test?
In the state of Arizona, when you receive your driver’s license, it serves as consent to any request for a breath, blood, or urine test if you are placed under arrest for a DUI. While this alone will not result in criminal charges against you, failure to consent to this testing can result in the suspension of your license for one year or more.
- Am I required to consent to a field sobriety test?
Under Arizona law, you are not required to consent to field sobriety tests, and we typically advise our clients not to consent to such a test as they can be difficult to pass, even under the best of circumstances.
- Can I be charged for a DUI even if I have a medical marijuana card?
You can be charged with a DUI, even if you are a licensed medical marijuana user. A DUI can be charged if there is any trace of metabolites in your system, regardless of how much. You can, however, use your medical marijuana card as an affirmative defense in your case.
- Do I have to answer all the questions a police officer asks me?
If you are pulled over, you are not required to answer all of the officer’s questions. You should answer any questions regarding your license, insurance, residency, or registration, but you are not required to provide answers to questions such as where you are coming from or going to, how many drinks you have had, or other questions that could potentially incriminate you.
- Do I have to consent to a police search of my vehicle?
If you do not believe the officer has sufficient probable cause to search your vehicle, you can calmly decline to consent to a search. If the officer proceeds with the search, your attorney can use this in your case.
- If I was drinking and driving, should I just plead guilty to the charges?
We strongly advise our clients against pleading guilty, regardless of whether they were drinking or not. When you plead guilty to a DUI, you will serve jail time, pay steep fines, and your license will be suspended. Although working with an attorney may not result in your case being dismissed, they can help reduce your charges to prevent the collateral consequences in other areas of your life.
- What are some of the collateral penalties of a DUI?
A DUI will cause insurance rates to increase, and can impact current employment. Depending on your job, a DUI conviction could result in suspension or termination. It can also make finding future employment difficult, as a DUI conviction will appear on background checks.
Contact The Law Office of James Novak
If you have been accused of a DUI in or around Phoenix, AZ, contact The Law Office of James Novak today to schedule your initial consultation. James E. Novak has many years of experience in DUI law and can help successfully navigate your case.