All states have their own specific ramifications for being charged with DUI, and Arizona is certainly no exception. In fact, Arizona is among the most aggressive states when it comes to this particular crime. Within the state, attorney Dana Hogle explains, the authorities do a fairly good job of documenting the stop and arrest, fact finding, and investigating those they charge with DUI. This translates to more aggressive charges and stronger cases for the prosecution.
The methods that the police use now, Hogle says, are scientifically backed and are proven to be more accurate than ever before. As a result, DUI cases have become difficult to defend in Arizona. Additionally, with the advent of the media and mass propaganda that that begs people not to drive while drinking, juries tend to look at these cases with little tolerance. Therefore, explains Hogle, who practices as a DUI lawyer in Mesa, AZ, it is rare that your case will end up in front of a jury because of that dynamic. When it comes to how your case is tried, he says, you do have a choice. In most situations, your best choice is to negotiate with the prosecutor for the best deal or plea agreement possible given the circumstances of your case.
As a result of the improved methods that the police and prosecution have to build cases, Hogle says that lawyers have had to alter the way that they prepare for DUI trials. There are different levels of intoxication that make each case unique and determine whether someone is charged with a misdemeanor or a felony. Additionally, the number of times a person is arrested for DUI affects a case dramatically, as first time DUIs are dealt with differently than second and third offenses. Arizona law is fairly aggressive for anyone charged with a DUI, says Hogle, but certainly those being charged a second or third time are facing harsher penalties. It is no longer a question of if you are going to jail, but how long.
Because of all of the different possibilities and outcomes in any given DUI case, Hogle explains that it is imperative that you are represented by an attorney who is aware of the laws and the policies. Additionally, you need a lawyer who is familiar with the prosecutor in order to secure the best possible outcome.
According to Hogle, it is always in your best interest to hire a lawyer immediately after your arrest, because even before the very first court appearance, there are a lot of balls in the air. When the date of your first court appearance arrives, it is strongly recommended that you consider pleading not guilty to the charge so that you can negotiate the best possible resolution. If you plead guilty, you will most likely receive the maximum penalty.
With the availability of an experienced lawyer who can defend your case, you are given the opportunity to have an expert negotiate on your behalf. The key, however, is to communicate openly and honestly with your attorney.
After all is said and done, your lawyer knows what works and what doesn’t when it comes to DUI defense, and you’ll be doing a great disservice to your future by trying to represent yourself in a case of this severity.
This article is for informational purposes only. You should not rely on this article as a legal opinion on any specific facts or circumstances, and you should not act upon this information without seeking professional counsel. Publication of this article and your receipt of this article does not create an attorney-client relationship.