Just seeing the lights of a cop car in your rearview mirror is enough to make your stomach drop. This is particularly true if you have had a few drinks or committed a traffic violation. In this situation, you might be facing both a DUI and related charges.
When you are stopped on suspicion of driving under the influence (DUI), you could be facing additional charges based on the facts of your case. This could include anything from a minor traffic violation to more serious offenses. Our DUI defense lawyers represent clients charged with DUI and related offenses to help them get the best possible outcome.
Matthew Lopez Law fights for the rights of Arizonans who are charged with all types of crimes and offenses, including DUI, drug charges, and traffic violations. We assess each case to develop a strategy that will protect our clients’ rights and freedom. Contact our law offices today to schedule a free initial consultation with an Arizona DUI attorney.
Charges That May Accompany an Arizona DUI Case
In Arizona, it is against the law to operate a motor vehicle while under the influence of alcohol and/or drugs. The legal limit for DUI in Arizona is 0.08 blood alcohol concentration, but you can also be hit with this charge if your ability to operate a motor vehicle is “impaired to the slightest degree” by drugs and/or alcohol.
If you are pulled over on suspicion of driving under the influence, you could not only be arrested for DUI but for other charges. Depending on the situation, a police officer might decide to write you a ticket for traffic offenses such as:
- Driving on a suspended license
- Aggressive driving
- Criminal speeding
- Excessive speeding
- Drag racing
- Having a fake ID
- Reckless driving
In many cases, the traffic stop is initiated because of a moving violation. For example, if you roll a stop sign, that gives a police officer cause to stop your vehicle. Interacting with you during this stop might make them believe that you are under the influence, which can lead to a DUI charge.
Some law enforcement officers may choose to ignore the initial traffic violation and focus on the DUI charge. Of course, this will depend in large part on what the violation was. If you were pulled over for having a cracked windshield, then the police officer might decide to let that go (or not…based on their mood). If you were pulled over for driving at a high rate of speed through a residential neighborhood, a cop would probably be less inclined to cut you a break.
Tragically, a DUI sometimes causes fatal accidents. If you cause a DUI accident, then you might face criminal charges related to the injuries suffered by the victim(s). This may include:
- Negligent homicide: A Class 4 felony, negligent homicide can be charged when a person causes the death of another person through a criminally negligent act. It may result in a prison sentence of up to 3 years.
- Vehicular manslaughter: A Class 4 felony, vehicular manslaughter carries a penalty of up to 10 years in prison. A person commits the crime of manslaughter when they cause the death of another person recklessly.
- Second-degree murder: A person commits second-degree murder when they kill another person intentionally, recklessly, or knowingly, but without premeditation. It is a Class 1 felony, punishable by up to 25 years in prison.
The exact charge for a death related to a DUI will depend on the facts of the case. For example, if a person drives 100 miles per hour down a busy downtown street while high and hits a pedestrian, that charge is more likely to be second-degree murder than vehicular manslaughter.
The other thing to be aware of is that a DUI isn’t always a straightforward misdemeanor. If you were particularly impaired, you could be charged with an extreme DUI (BAC of .15% to .199%) or a Super Extreme DUI (BAC of .20% or higher). Certain other factors, like the presence of a minor under the age of 15 in the car, can also increase the charge. These are still DUI charges, but could result in much more serious consequences.
It is also possible to pick up additional charges after you are arrested for a DUI. For example, if you fight back when the officers attempt to arrest you, then you could be charged with resisting arrest. If the police search your car after impounding it and find illegal drugs, then you could also be facing drug charges.
Ultimately, the charges that accompany a DUI will be based on the facts of your particular case. It will also be based in part on the officer who stops and arrests you. For whatever reason, they might not be interested in going easy on minor traffic violations and might charge you with every possible infraction and charge.
Defending Against a DUI Charge in Arizona
If you are hit with a slew of charges to go along with a DUI, it is very understandable that you might feel defeated. You might believe that you have no choice but to plead guilty if you’re facing an overwhelming number of charges.
It is scary to see a list of related charges on top of a DUI. However, it is important to remember that it is possible to fight the charges. While you might not walk away scot-free, you may be able to get many of the charges reduced or dismissed. Our experienced Arizona DUI defense lawyers will analyze your case and develop strong legal and factual arguments to defend you.
Potential defenses may include:
- The police did not have reasonable suspicion to make the initial traffic stop.
- The arresting officer did not have probable cause to believe that you were impaired when they arrested you.
- The field sobriety tests were improperly administered.
- The chemical breath or blood test was performed improperly.
- You have a medical issue that caused you to fail the field sobriety tests, get a false positive on a breath test, or that made you appear intoxicated.
The specific defense will be based on the facts of your case.
In many situations, it is possible to get some of the charges dismissed. Our team will work with you to develop a strategy that is designed to get you the best possible outcome. We will negotiate with prosecutors to seek a favorable plea deal, but when necessary, we will take your case to trial and ask a jury to find you not guilty of the charges against you.
Facing DUI and Related Charges in Arizona? Call Our Law Firm
In many cases, the police and prosecutors don’t just charge a person with a DUI. They also tack on related charges, such as speeding or drug charges. While this can make it harder to defend against a DUI case, it is still possible to get a great result with the help of our Arizona DUI defense attorneys.
At Matthew Lopez Law, we understand that people make mistakes. We work hard to help our clients get a good outcome, whether they are charged with a single DUI or DUI and related charges. Using skilled negotiation and aggressive litigation techniques, we will fight to protect your legal rights and your freedom. To learn more or to schedule a free consultation with an Arizona DUI defense lawyer, contact our law firm today at 480-608-9998 or fill out our online contact form.
Related: Can Rising Blood Alcohol Levels Be Used as a DUI Defense?