DUI CHARGES

If you have been charged with an offense surrounding drinking and driving, you are facing serious punishment which could carry with it lifelong punitive consequences. You need to hire an Attorney who will fully investigate the charges on your behalf in order to minimize the damage and present the best defense. You need to hire an attorney who will personally handle your case from beginning to end.

With a complete investigation and preparation, DUI cases are defensible. If you hire Attorney Christopher Winchell, you can rest assured that he will go all out to zealously represent your interests by personally handling all legal aspects of your case:

I WILL PERSONALLY HANDLE YOUR CASE

DUI: A.R.S. §28-1381(A)(1): Driving Under the Influence of alcohol. The prosecutor must prove that you were under the influence of alcohol or drugs while driving. He or she doesn’t have to show the results of a Blood Alcohol Content (BAC) test. The prosecutor will attempt to introduce evidence of how the driver acted in order to prove this offense. Such evidence may include odd driving; glassy, bloodshot eyes; slurring of speech; coordination problems; etc. A DUI carries with it the same punishment as a DWI. This offense is a Class 1 Misdemeanor. [Possible Sentencing]

DWI: A.R.S. §28-1381(A)(2): Driving with a Blood Alcohol Content (BAC) of .08 percent or higher within two hours of driving. The prosecutor must prove that your BAC was above .08 within two hours of driving the vehicle. This offense is a Class 1 Misdemeanor. [Possible Sentencing]

Extreme DUI: A.R.S. §28-1382: Driving with a Blood Alcohol Content (BAC) of .15 percent or higher within two hours of driving the vehicle. The prosecutor must prove that your BAC was above .15 within two hours of driving the vehicle. Because of the increased BAC level, this offense carries with it higher potential punishment. This offense is a Class 1 Misdemeanor. [Possible Sentencing]

DUI Drugs: A.R.S. §28-1381(A)(3): Driving with an illegal or illicit drug or the metabolite for either drug in one’s body. A metabolite is a byproduct of the drug once the body has broken it down or metabolized it. For example, benzoylecgonine (BZE) is a metabolite of cocaine. The prosecutor need only show, through a positive blood or urine sample, that your body contained an illegal or illicit drug or it’s metabolite and need not show that you were under the influence of the drug at the time of driving. This offense is a Class 1 Misdemeanor. [Possible Sentencing]

Aggravated DUI/DWI: A.R.S. §1383: Driving Under the Influence of Alcohol or Driving with a BAC of .08 percent or greater within two hours of driving, while your license is suspended or receiving a third DUI/DWI within five (5) years. These offenses are Class 4 Felonies. [Possible Sentencing]

Aggravated DUI/DWI with a Child under age 15 in the Vehicle: A.R.S. §1383: Driving under the influence of alcohol or driving with a BAC of .08 percent or higher within two hours of driving, with a child under the age of 15 in the vehicle. This is a Class 6 Felony. [Possible Sentencing]

Operating a Vehicle Under 21 with Alcohol in System: A.R.S. §4-244(33): The prosecutor need only prove that there was alcohol in the system at any level, and doesn’t have to show impairment. This is a Class 2 Misdemeanor [Possible Sentencing]

ATTACK

The best defense is a good offense. All areas of your case must be fully investigated and reviewed in order to determine the best course of attack for the defense of your case. A brief outline of the areas of review in these types of cases includes the following:

Was there a traffic violation that permitted the police officer to stop you?

Did the police officer have reasonable suspicion for a DUI that permitted him to stop you?

If you were stopped at a DUI checkpoint, was it legal? Were all drivers stopped or just some? What were the established guidelines for the checkpoint? How long was the stop?

Were you actually in control of the vehicle when the police came upon you?

What signs of alleged intoxication did the police officer state he/she relied upon in determining that they had probable cause to believe you were intoxicated? Is there an alternative explanation for these signs such as illness or tiredness?

Did you police officer give you time to discuss your case with your Attorney if you so requested?

Did the police officer have reasonable suspicion in order to conduct a field sobriety test?

What is the level of the police officer’s training in conducting the field sobriety test? Were all procedures followed?

What field sobriety tests were given? Were these tests a reliable way of determining whether potential intoxication exists?

Were other field tests conducted such as the Horizontal Gaze Nystagmus (HGN) test? How did the police officer perform the test?

Was there probable cause to arrest you and take you to the police station for a breathalyzer test?

Did the police fail to properly advise you of your Miranda warnings prior to any questioning while in custody?

Did the police officer fully explain your right to refuse a breath test and the consequences for doing so?

If the police officer accuses you of refusing the test, did you in fact refuse?

What machine was used to conduct the breath test? Was it properly maintained and in good working order? Was the police officer properly trained to conduct the test? Did the police officer conduct the test in the correct manner? Has the police station kept accurate records concerning the reliability and maintenance of the machine? Was the test conducted within two hours of driving?

If blood was tested, was it whole blood, serum, or plasma? Did the police officer obtain the sample by consent, by force pursuant to a warrant, or from a hospital? Is the chain of custody in order? Were procedures followed by the lab in testing the blood? What is the error rate for the lab? Has the lab been recently cited for violating regulations that call into question the reliability of its results? Did the police officer give you an opportunity to obtain an independent test of your blood alcohol content?

Would the testimony of a forensic toxicologist be helpful to your defense?

With a complete investigation and preparation, DUI cases are defensible. If the hire Attorney Christopher Winchell, you can rest assured that he will go all out to zealously represent your interests by personally handling all legal aspects of your case:

I WILL PERSONALLY HANDLE YOUR CASE

DUI PUNISHMENT
Charge	Jail	Costs/Fines	License	Other
FIRST DUI/DWI A.R.S. §28-1381(A)(1)(2) Class 1 Misdemeanor	Min. 1 day with 9 suspended. Max. is 6 months.	Fine of $250 to $2,500, 80% surcharge, assessment, evaluation costs.	Suspended for 90 days to 1 year.	Probation up to 5 years. No Ignition Interlock
SECOND DUI/DWI A.R.S. §28-1381(A)(1)(2) Class 1 Misdemeanor	Min. 30 days with 60 suspended. Max. is 6 months.	Fine of $500 to $2,500, 80% surcharge, assessment, evaluation costs.	Revoked for 1 year.	Probation up to 5 years. Ignition Interlock 1 year after revocation.
1^st EXTREME DUI A.R.S. §28-1382 Class 1 Misdemeanor	Min. 10 days with 20 suspended. Max. is 6 months.	Fine of $500 to $2,500, 80% surcharge, assessment, evaluation costs.	Suspended for 90 days to 1 year.	Probation up to 5 years. Ignition Interlock 1 year after suspension.
2nd EXTREME DUI A.R.S. §28-1382 Class 1 Misdemeanor	Min. 60 days with 60 days suspended. Max. is 6 months.	Fine of $700 to $2,500, 80% surcharge, assessment, evaluation costs.	Revoked for 1 year.	Probation up to 5 years. Ignition Interlock 1 year after revocation.
AGGRAVATED DUI/DWI A.R.S. §1383(A)(1)(2) 3^rd Offense 5 years or suspended license Class 4 Felony	Min. 4 months to a Max. of 3.75 years. Min. 8 months to 7.5 years for 4^th offense within 5 years.	Fine of $750 to $150,000, 80% surcharge, assessment; evaluation costs, etc.	Revoked for 3 years.	Probation up to 10 years. Ignition Interlock 1 year after revocation. Possible forfeiture of vehicle.
AGGRAVATED DUI/DWI A.R.S. §1383(A)(3) Child under 15 in vehicle Class 6 Felony	Min. 1 day. Max. of 2 years.	Fine of $250 to $150,000, 80% surcharge assessment; evaluation costs, etc.	Revoked for 3 years.	Probation up to 10 years. Ignition Interlock 1 year after revocation. Possible forfeiture of vehicle.
SECOND FELONY DUI/DWI	Min 2.25 years. Max. is 7.5 years.	Up to $150,000, 80% surcharge $1500 prison assessment; evaluation costs, etc.	Revoked for 3 years.	Probation up to 5 years. Ignition Interlock 1 year after revocation. Possible forfeiture of vehicle.
THIRD FELONY DUI/DWI	Min 6 years. Max. is 15 years.	Up to $150,000, 80% surcharge $1500 prison assessment; evaluation costs, etc.	Revoked for 3 years.	Probation up to 5 years. Ignition Interlock 1 year after revocation. Possible forfeiture of vehicle.
UNDER 21 DRIVING WITH ALCOHOL IN SYSTEM A.R.S. §4-244(33) Class 2 Misdemeanor	Min. 0 probation to Max. of 4 months	$0 fine up to $750, 80% surcharge, assessment, evaluation costs, etc.	Suspended for 2 years.	Probation up to 2 years. Ignition Interlock 1 year after suspension.
DUI Drugs A.R.S. §28-1381(A)(3) Class 1 Misdemeanor	Min. 1 day with 9 suspended. Max. is 6 months	Minimum fine of $250 to a maximum of $2,500, 80% surcharge, assessment, evaluation costs.	Revoked for 1 year.	Probation up to 5 years.

I WILL PERSONALLY HANDLE YOUR CASE

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