If you’ve been arrested for driving under the influence (DUI) in Arizona, it will be critical for you to make informed decisions about your next steps. A DUI conviction in AZ can have life-altering consequences, so you need to fight your charge by all means available.
Fighting your charge starts with understanding what happens after a DUI arrest in AZ. You also need to know what defense strategies are available, how and when to use these strategies, and what risks you can face in case of a conviction at trial. With all of this information, you will be able to make sound and strategic decisions, and you will be able to feel confident that you are doing what is best for you and your family.
So, what happens after a DUI arrest in AZ? Here’s what you need to know:
The 5 Major Stages of an Arizona DUI Case
While there are numerous individual steps in an Arizona DUI case, there are five major stages. Since all of these stages present both risks and opportunities, you must work closely with an experienced DUI lawyer who can advise and represent you every step of the way.
Arraignment
Once you have been arrested for DUI in AZ, the first formal stage in the process is your arraignment. During your arraignment, the judge will read the charges against you, and then the judge will ask you to plead either “Guilty,” “Not guilty,” or “No contest.” The judge will also inform you of your future court dates and address the issue of bail.
Pretrial Conference
The pretrial conference is essential in an AZ DUI case for several reasons. While this is when your DUI lawyer and the prosecutor assigned to your case will address many of the procedural aspects of your case, it is also a time when your DUI lawyer can raise the possibility of negotiating a plea bargain, if warranted.
Plea Deal Negotiations
Sometimes, plea deal negotiations will occur entirely during the pretrial conference. If you seek a plea deal, your DUI lawyer will negotiate on your behalf and then inform you whether the prosecutor’s office is willing to accept the proposed agreement. However, in some cases, plea deal negotiations can extend beyond the pretrial conference—and, if extended negotiations are necessary, it will be critical to continue working closely with your DUI lawyer throughout this stage of the process.
Discovery and Pre-Trial Motions
If an acceptable plea deal is not on the table, your DUI lawyer must begin preparing your case for trial. This will involve taking discovery (to find out what evidence the prosecutor’s office intends to use against you in court) and filing various pre-trial motions focused on limiting the scope of your DUI trial—if not avoiding a trial altogether. In many cases, plea deal negotiations, discovery, and pre-trial motions practice will go hand-in-hand, as evidence obtained through discovery and victories won in court can help set the stage for a favorable deal.
Trial and Sentencing
The final stage of a DUI case in AZ is trial (subject to both parties’ right to file an appeal). Both parties will present their arguments and evidence at trial, and then a judge or jury will render a verdict. While your DUI case will proceed to a bench trial by default, you have the right to request a jury trial if you so choose. You can go home if the judge or jury rules in your favor. If the judge or jury rules against you, you will be sentenced according to Arizona law.
IMPORTANT: You Must Separately Request an MVD Hearing to Protect Your Driver’s License
While you are facing serious consequences in court, you may also be facing consequences at the Arizona Motor Vehicle Division (MVD). Specifically, the MVD could revoke your driving privileges before your DUI trial if you do not take steps to protect your driver’s license.
Protecting your driver’s license starts with requesting an MVD hearing. Again, this is entirely separate from your criminal trial. You must request an MVD hearing within 15 days of your arrest, and at your hearing, you must be able to convince the hearing officer that a driver’s license suspension is unwarranted. Your DUI lawyer can also assist with this if you hire a lawyer to represent you in time.
The Potential Outcomes of an Arizona DUI Case
Switching focus back to your criminal proceeding, several potential outcomes of a DUI case in AZ exist. These potential outcomes include:
- “Guilty” verdict in court
- “Not guilty” verdict in court
- Mistrial (or “hung jury”)
- Pretrial dismissal
- Plea bargain
While a pretrial dismissal is generally the best-case scenario, it is crucial to make a realistic assessment of whether this is possible in your case. If it isn’t a realistic possibility, this is a scenario in which you may want to discuss the possibility of a plea bargain with your DUI lawyer.
The Penalties You Can Face if You Get Convicted
Getting convicted of DUI in AZ can have serious consequences. While the specific penalties you are facing depend on whether you have been charged with a “normal,” “aggravated,” or “extreme” DUI (among other factors), the potential consequences generally include:
- Jail time
- Fines
- Costs and surcharges
- Increased auto insurance premiums
- Driver’s license suspension
- Ignition interlock device installation
- Vehicle impound
- Points on your driver’s license
- Alcohol screening, education, and treatment
- Additional consequences related to your education, employment, military service, or immigration status
These are reasons to hire an experienced DUI defense lawyer to represent you. When facing a DUI in AZ, hiring an experienced lawyer as soon as possible is firmly in your best interests. Not only will your lawyer be able to represent you in plea deal negotiations and court, but your lawyer will also help you make informed, strategic, and confident decisions throughout the process.
Request a Free Consultation with a Phoenix DUI Lawyer at The Weingart Firm Today
Are you facing the consequences of a DUI arrest in AZ? If so, we encourage you to contact us promptly. To request a free consultation with a Phoenix DUI lawyer at The Weingart Firm, please call 480-897-8737 or contact us confidentially online today.
