What to do if you're arrested for DUI
Exercise your right to remain silent
Be polite and ready to provide your license, registration and proof of insurance, but do not say anything that can be used against you.
Refuse to take the roadside tests
Be courteous and exit the vehicle, but politely decline to perform any balance tests or blow in the portable breath test device.
Ask to call an attorney if you’re arrested
If you are arrested, ask to speak to an attorney before you consent to a breath test or blood draw.
Driving Under The Influence
Arizona has some of the toughest penalties in the country for DUI. If you are charged with DUI it is vitally important that you get started on your defense right away. Burges McCowan can help you make the right moves from this point forward to achieve the best possible outcome.
Two types of DUI (ARS 28-1381)
DUI does not mean driving drunk. There are two ways the government can accuse you of DUI. One is to say you are “impaired to the slightest degree.” (ARS 28-1381A1) This means that it does not matter how much alcohol you drank or how long ago you drank. If you have any alcohol in your system, even just one sip, and it impairs you, you can be convicted of DUI and face some of the nation’s toughest penalties. The other type of DUI is the more common one that people think of: driving with a BAC (blood alcohol concentration) above the legal limit. Today that limit is 0.08 (ARS 28-1381A2). The police will usually charge you with both to double their chances of getting a conviction. Help put the odds back in your favor by hiring Burges to represent you in your case.
Extreme and Super Extreme DUI (ARS 28-1382)
Despite having some of the toughest penalties in the country for DUI, Arizona actually increases those penalties, even for first time offenders, if the BAC is above certain levels. If the BAC is above 0.15, then the mandatory minimum jail time jumps up to 30 days. (ARS 28-1382A1) If the BAC is above 0.20, then the mandatory minimum jail time goes to 45 days. (ARS 28-1382A2) If you are in this situation and facing this kind of jail time, give Burges a call - he can help.
Aggravated/Felony DUI (ARS 28-1383)
Aggravated DUI is the term Arizona uses for a DUI charged as a felony. Not only are you looking at a minimum of 4 months in prison and losing your driver’s license for at least a year for most cases, but consequences of a felony conviction can be quite dire. For instance, a convicted felon cannot vote or possess a gun. There are a number of ways a DUI can be charged as a felony. Usually it is because your license was suspended when you were arrested for the DUI. (ARS 28-1383A1) Another reason is if you have at least 2 prior DUIs in the last 7 years. (ARS 28-1383A2). Finally, another reason is if you had a passenger under 15 years-old when you were arrested for the DUI. (ARS 28-1383A3) Give Burges a call and he can help you through any of these difficult situations.
DUI Drugs (ARS 28-1381(A)(3))
In Arizona, you can be charged with DUI if you have any drugs in your system, even if you have a prescription. If it is an illegal drug, or even legal medical marijuana, the government does not even have to prove that you were impaired. If you get convicted of a DUI involving drugs, you still have to face all of the penalties as if it was an alcohol related DUI. For instance, you have to do alcohol counseling and you have to install equipment on your car that tests your breath for alcohol before it will let you start your car. If you've been charged under this statute, call the Burges McCowan office today so that you can mount the best defense possible.
Criminal Defense Attorney
Burges fights hard for his client and I will be forever grateful to him for all his hard work for my son.
I had the good fortune of having Burges McCowan for my son's first DUI in 2010 and then his second DUI in 2013. In both cases Burges did an outstanding job for my son. The outcome in both cases was excellent, but especially the second DUI. The outcome was unbelievable!Read More Testimonials