Apache Junction, Arizona DUI Defense Lawyers

Reliable Attorneys Developing Strong Defense Strategies in DUI Cases in Apache Junction

A majority of people who are arrested for impaired driving are struggling with substance abuse. Alcoholism or drug addiction can affect anyone. Substance abuse disorders can be genetic, and a family history of addiction is one of the major risk factors for developing these issues. Trauma is another common factor. Veterans, survivors of abuse, and people who have been victims in other criminal cases are more likely to become dependent on alcohol or drugs.

A DUI arrest can be a wake-up call that alerts you to the extent of your struggles. If you are willing to seek treatment, the court will be more likely to treat you favorably, even if this is your second DUI charge. Cooperating with a mandatory drug and alcohol screening can greatly reduce the amount of time you would be required to spend in jail if you are convicted. A first-time DUI charge can sometimes even be dismissed if the defendant is proactive about getting treatment for substance abuse.

The Behan Law Group, P.L.L.C. is highly experienced in DUI defense. We will be there to guide you and advocate for you at every step in the criminal justice process. Our attorneys are skilled in spotting strong legal defenses while reviewing the facts of a case. You do not have to plead guilty and accept the consequences. Many DUI charges can be pled down to a lesser charge, making plea bargaining a strong option in felony DUI cases. Other DUI cases can be dismissed due to flawed evidence or a violation of your constitutional rights. We will fight for the outcome you need so that you can move on with your life.

What if I Am Innocent of DUI Charges?

Not everyone who is arrested for impaired driving is guilty. The police can mistake a tired driver for a drug-impaired driver, or they may wrongfully assume that someone who smells like alcohol has been drinking, even though it is entirely possible that a drink was spilled on them. In these cases, our attorneys can take steps to prove that the evidence does not support a DUI charge. Your options include:

• Attacking the BAC Test: If you were given a blood or breath test that registered a BAC of 0.08 percent or higher, or 0.01 percent or higher if you are underage, our lawyers may attempt to prove that your test was flawed.
• Arguing That You Were Not Going to Drive: If you were arrested while sitting in a parked car, we may be able to defend you by arguing that you were not in danger of starting to drive.
• Explaining a Failed Field Sobriety Test: The police rarely listen to detainees who try to explain that they cannot perform well on a field sobriety test due to medical problems, improper footwear, or other issues unrelated to intoxication. Courts, however, will often hear these valid arguments.

Extreme and Aggravated DUI

While the charges of extreme DUI and super extreme DUI may sound like they should be major felony charges, they are most often classified as misdemeanors. Extreme DUI charges may apply if a driver's BAC was over 0.15 percent, and a person may be charged with super extreme DUI if their BAC exceeds 0.20 percent. While these may not be felony charges, they do carry increased penalties, such as additional mandatory jail time.

Aggravated DUI charges are felonies. You can be charged with aggravated DUI for a few reasons, including:

• Child Passenger: If you had a child under 15 years old in your car, you may be charged with aggravated DUI, even if it was your own child.
• Accidents and injuries: If you allegedly caused a traffic accident that led to significant property damage or left another person injured, you will likely face serious felony charges.
• Prior DUI convictions: If you have had two or more DUI convictions in the last seven years, your third or subsequent DUI is automatically charged as a felony.
• Driver's License Issues: If your license was suspended or revoked, if you were driving on a restricted license, or if you were supposed to be driving with an ignition interlock device and you were not, your DUI charge will likely be considered aggravated.

Call Our Apache Junction, AZ DUI Attorneys

The Behan Law Group, P.L.L.C. is committed to providing the best defense possible for people who are facing DUI charges. Our experienced Apache Junction DUI defense lawyers will fight to defend your rights and shield you from overly harsh sentencing. Contact us at 520-220-5047 for a complimentary consultation.