The Behan Law Group, P.L.L.C.


1-877-MISS-DUI / 1-877-647-7384

Se Habla EspaƱol
945 N. Stone Ave, Tucson, AZ 85705

Tucson DUI Defense Lawyers

Cochise County DUI Attorney

Attorneys for Drunk Driving Arrests in Pima County

Being charged with a first or subsequent DUI is a serious matter. Whether you are facing charges for driving under the influence of drugs or alcohol (DUI) for the first time or have gone through this process before, you need the help of the experienced criminal defense attorneys at The Behan Law Group, P.L.L.C.. The result of your case can have a profound impact on your life, and having an experienced attorney can make all the difference in obtaining the best possible outcome.

By working with one of our DUI defense attorneys, you have someone on your side who is ready to fight hard for your rights and freedom. We will conduct a thorough defense investigation, protect your rights at a Department of Motor Vehicles administrative hearing, and work tirelessly to get you the best possible outcome in your case. To learn about how we can help you during your DUI case, contact us at The Behan Law Group, P.L.L.C. at 520-220-5047.

Our DUI Defense Lawyers Are Here to Help You

At The Behan Law Group, P.L.L.C., we have several years of DUI and criminal defense experience. We are prepared to take on all types of DUI cases, including:

  • First-time DUI: If you are found driving with a blood alcohol concentration (BAC) of .08 percent or higher for the first time ever or for the first time in more than seven years, you will be charged with a first-time DUI.
  • Extreme DUI: If a breath, blood, or urine test comes back indicating you had a BAC between .15 and .20 percent while you were driving or within two hours of driving, then you could be facing even harsher penalties for what is known as an extreme DUI, including a potential jail sentence of 30 days.
  • Super Extreme DUI: If a breath, blood, or urine test determines you had a BAC at or above .20 percent while driving or within two hours of being behind the wheel, you may be facing potential jail time of more than 30 days, as well as fines in excess $2,500.00.
  • Aggravated DUI: If you are arrested for a DUI while driving on a suspended license, with a court-ordered ignition interlock device in the vehicle, when you have two previous DUIs within the past seven years, or when you had a minor under 15 in the vehicle, then you will be charged with an aggravated DUI, which is a felony charge, and you need the help of an experienced defense attorney right away.
  • Repeat DUI Offenders: You will be considered a repeat DUI offender if you are convicted of a second DUI. When you face a second or subsequent DUI charge, contact a lawyer right away to mitigate any repetitive offense circumstances in your case.
  • Underage DUI: If you are 20 years old or younger, then you can be charged with a DUI for having any amount of alcohol in your system.
  • CDL and DUI: If you have your CDL and were driving your truck or other commercial vehicle, then you can be charged with a DUI for having a BAC at or above .04 percent.
  • Drug DUI: Under Arizona law, you can be charged with a DUI if you were impaired due to a drug.
  • Prescription Medication DUI: You can face a DUI charge for the side effects of a prescription medication.



When can I be arrested for DUI in Arizona?

Answer: In Arizona, an officer can arrest you if he or she has probable cause to believe that you are driving or physically controlling a vehicle under the influence of an intoxicating substance like alcohol or drugs. Probable cause may come from a blood alcohol concentration (BAC) test result above the legal limit of 0.08, or from the officer's observations, including in a field sobriety test.


Does a DUI always involve alcohol?

Answer: While alcohol is a common intoxicant involved in DUI arrests and convictions, Arizona law states that a DUI conviction can also result from the influence of drugs, whether illegal or prescription, or a "vapor releasing substance" that has intoxicating effects. DUI charges may also be issued to someone who is suspected to be under the influence of a combination of substances. Keep in mind that you can still be charged with DUI even if you have a prescription for the substance found in your blood, but there is an affirmative defense to DUI drug charges if you can establish that you are not impaired to the slightest degree.


Should I agree to a BAC test?

Answer: During a traffic stop, an officer may ask you to submit to a portable breath test, which you have the right to decline without consequence. However, if the officer arrests you for DUI, you are required to submit to a chemical test under Arizona's implied consent law. If you refuse, your driver's license can be suspended for one year, or two years if you have previously refused a test within 84 months.


Can a DUI be a felony in Arizona?

Answer: There are five ways in which a DUI can become a felony, and this is known as an aggravated DUI. Defendants charged with a first-offense felony DUI face a prison sentence of at least four months, and in some cases up to two years, in addition to fines and other consequences. Aggravated DUI offenses include those that occur while the driver's license is suspended or revoked, while the driver is ordered to use an ignition interlock device, when there is a passenger under the age of 15 in the vehicle, when the driver is traveling the wrong way on a one-way road, or when the driver has two or more prior DUI convictions within the previous 84 months.


Can I still drive after an Arizona DUI conviction?

Answer: A DUI arrest typically comes with an automatic 90-day suspension of your driver's license, though you may be able to drive during that time if you qualify for a restricted license. The suspension takes effect 30 days after the arrest if the driver does not request a hearing with the Arizona Motor Vehicle Department (MVD), but requesting the hearing puts a stay on the suspension until the hearing is held. If you are convicted of DUI for the first time, you can drive at any time after your suspension is complete and a certified ignition interlock device has been installed in your vehicle. If your license is revoked due to a repeat offense, you may be eligible for a Special Ignition Interlock Restricted Driver's License (SIIRDL) that allows you to drive for certain purposes.

Felony DUI FAQ's

A felony DUI can impact your life in a big way. An experienced attorney may be able to successfully challenge your DUI or take action to reduce the likelihood of harsh sentencing.


What Are the Reasons that a Felony Aggravated DUI Can Be Charged?

Answer: In Arizona, there are multiple reasons your DUI can be considered aggravated and charged as a felony. Several of these reasons are related to prior offenses. If your license was already suspended or revoked when you were arrested, or if you were required to use an ignition interlock device but failed to do so, you could face felony charges. If you have had two prior DUIs in the past seven years, then the third will be automatically charged as a felony. The other reasons a DUI might be considered aggravated and charged as a felony are if you were driving the wrong way down a one-way road or if you were carrying a child passenger under the age of 15.


What Are the Legal Penalties for an Aggravated DUI?

Answer: Felony DUIs are taken very seriously in Arizona. If this is your first felony DUI offense, the minimum sentence is four months in prison. However, you could face up to three years behind bars. Your license will be suspended for a minimum of three years. You are also likely to be put on probation after being released, which can include the requirement to participate in drug and alcohol testing or substance abuse classes. The penalties get steeper with each consecutive felony DUI. For a third felony DUI, you could be sent to prison for up to fifteen years.


Is an Extreme or Super Extreme DUI a Felony?

Answer: Not necessarily, unless one of the five aggravating factors were present. Extreme and Super Extreme DUIs can otherwise be charged as misdemeanors. These descriptions pertain to an arrested driver's blood alcohol content (BAC). However, these charges are still more serious than a basic DUI and should be treated as such.


Will I be Able to Drive Again After a Felony DUI?

Answer: Getting your license back after an aggravated DUI in Arizona can be difficult. Depending on whether you have prior DUIs, your license may be suspended for three or more years. When you are eligible for license reinstatement, you will still have to satisfy a number of extra conditions. You may be required to install an interlock device on your vehicle and drive only that vehicle. You may also be required to carry high-risk car insurance. This can be extremely expensive.


What if I Injured or Killed Someone While Driving Under the Influence?

Answer: This is an incredibly serious situation. If you caused a serious injury, you will be facing felony charges. In addition to a felony DUI, you are likely also charged with aggravated assault involving a vehicle - another serious felony. If someone died as a result of your intoxicated driving, you will probably face manslaughter charges. Manslaughter is a serious felony that can lead to significant prison time.


How Can I Beat a Felony DUI Charge?

Answer: There are two main ways that our attorneys can fight your felony DUI charges. The first is to show that the alleged aggravating circumstance did not exist. The other is by arguing that the prosecution cannot prove that you were intoxicated. This may involve challenging the results of a chemical test or field sobriety test, just as we would with any other DUI case.

Contact Our Southern Arizona DUI Defense Attorneys Today

If you are facing any type of DUI charge in Southern Arizona, contact our DUI defense lawyers from The Behan Law Group, P.L.L.C. at 520-220-5047. We represent individuals throughout Pima, Santa Cruz, Cochise, Graham, and Pinal Counties.

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