Dedicated to Protecting Your Rights and Freedom
DUIs are taken very seriously in Arizona and, in fact, the state has some of the harshest laws in the country. If you were recently charged with a DUI, it is crucial to secure experienced legal counsel as soon as possible to safeguard your future. The potential consequences of a conviction, depending on the severity of the circumstances can have a major impact on your life, so it is important to act quickly. At Salwin Law Group PLLC in Gilbert, our skilled attorney is committed to providing fierce legal representation.
Reach out to our law office today at (480) 702-1789 to schedule a consultation with our DUI attorney and discuss your case.
Assistance from a Former DUI Prosecutor
Our DUI attorney is a former DUI prosecutor with years of experience in prosecuting DUI charges, so he is intimately familiar with the tactics that may be used against his clients. As a DUI defense attorney, he has secured many victories on behalf of his clients and will fight tirelessly on your behalf to ensure the best possible outcome.
The Penalties of a DUI Conviction
Not every DUI conviction comes with the same penalties. Depending on your BAC and any previous DUI convictions you may have, for example, the penalties will range in severity.
Here are some of the potential penalties you may face:
- If you had a BAC between 0.08 and 0.149, you may face up to 10 days in jail, over $1,500 in fines, a 90-day driver’s license suspension, and an ignition interlock device in your car for one year.
- If you had a BAC between 0.15 and 0.199, you may face up to 30 days in jail, over $2,700 in fines, a 90-day driver’s license suspension, and an ignition interlock device in your car for one year.
- If you had a BAC over .20, you may face up to 45 days in jail, over $3,200 in fines, a 90-day driver’s license suspension, and an ignition interlock device in your car for one year.
If you are a minor, even if your BAC was below the legal limit, you will face serious penalties for a DUI.
What Should You Look For in a Gilbert DUI Lawyer?
When searching for a Gilbert DUI lawyer, look for an attorney with extensive experience in Arizona DUI law, a proven track record of favorable case outcomes, and specific familiarity with Gilbert municipal courts and Maricopa County procedures. Your attorney should have specialized knowledge in challenging evidence such as breathalyzer tests and field sobriety evaluations, while also maintaining strong relationships with local prosecutors that could benefit your case negotiations.
Local knowledge matters substantially when defending DUI cases in Gilbert. The town’s courts, law enforcement practices, and prosecutors each operate with unique tendencies that can impact your case outcome. An attorney who regularly practices in Gilbert courts will understand the procedural nuances, know the judges’ tendencies, and recognize which defense strategies are most effective locally.
Experience specifically in DUI defense—rather than general criminal defense—is equally important. DUI cases involve complex technical and scientific evidence related to blood alcohol testing, breathalyzer calibration, and field sobriety test protocols. A lawyer with specialized DUI defense experience will know how to identify weaknesses in these evidence types and construct more effective defense strategies tailored to your situation.
Understanding DUI Charges in Gilbert, Arizona
Arizona’s DUI laws create several tiers of offenses that apply throughout the state, including in Gilbert. Understanding these classifications is key when facing DUI charges:
- Standard DUI: Applies when your blood alcohol concentration (BAC) measures 0.08% or higher, or when you’re impaired to the slightest degree while driving.
- Extreme DUI: When your BAC measures 0.15% or higher, triggering much harsher penalties.
- Super Extreme DUI: Involves a BAC of 0.20% or higher, resulting in the most severe penalties for non-aggravated DUI offenses.
- Drug DUI: Applies when driving under the influence of any drug, including prescription medications that impair your ability to drive.
- Underage DUI: For drivers under 21, Arizona has a zero-tolerance policy, meaning any detectable amount of alcohol can result in a DUI charge.
Gilbert’s enforcement of these laws is particularly vigilant. The town employs regular DUI checkpoints and has specialized DUI enforcement officers. According to recent statistics, Gilbert Police make hundreds of DUI arrests annually, with increased enforcement during holidays and weekends. The conviction rate for DUI cases in Maricopa County, which includes Gilbert, is notably high when defendants lack proper legal representation.
Potential Penalties for DUI Convictions in Gilbert
The consequences of a DUI conviction in Gilbert follow Arizona’s strict penalty structure but can vary based on specific circumstances of your case. For first-time standard DUI offenders, penalties typically include:
- Minimum 10 days in jail (with potential for 9 days to be suspended)
- Fines and assessments totaling at least $1,250, often exceeding $1,500 with additional fees
- License suspension for 90 days
- Mandatory alcohol education program
- Installation of an ignition interlock device for 12 months
For Extreme DUI (BAC of 0.15% or higher), first-time penalties increase markedly:
- Minimum 30 days in jail
- Fines and assessments approaching $2,700
- Same license suspension and interlock requirements, but often with stricter supervision
Super Extreme DUI (BAC of 0.20% or higher) carries even harsher first-time penalties:
- Minimum 45 days in jail
- Fines and assessments often exceeding $3,200
- Enhanced probation conditions
Repeat offenders face dramatically escalated consequences, including:
- Longer jail sentences (up to 6 months for a second offense)
- Substantially higher fines and fees
- Felony charges for a third offense within 7 years (known as “Aggravated DUI”)
- Longer license revocation periods
- Extended interlock device requirements
Beyond these immediate penalties, a DUI conviction in Gilbert carries long-term consequences including SR-22 insurance requirements (high-risk insurance that costs substantially more), potential professional license issues, employment difficulties, housing application problems, and immigration consequences for non-citizens.
How a Gilbert DUI Lawyer Can Help Your Case
A skilled Gilbert DUI lawyer provides comprehensive assistance throughout your case, beginning with an initial evaluation that examines every aspect of your arrest. This evaluation typically includes:
- Analysis of the traffic stop and whether probable cause existed
- Review of field sobriety test administration and results
- Scrutiny of breathalyzer or blood test procedures
- Examination of video evidence when available
- Verification that your rights were properly explained and maintained
Your attorney will conduct independent investigation, often working with expert witnesses to challenge chemical test results. This might include questioning whether testing equipment was properly calibrated and maintained, or whether the officer administering the tests followed correct protocols.
One of the most valuable services your Gilbert DUI lawyer provides is negotiation with prosecutors. In many cases, a skilled attorney can negotiate reduced charges (such as reckless driving instead of DUI) or minimized penalties, especially for first-time offenders or in cases with evidence issues.
Your lawyer will also represent you at the MVD hearing—a critical but often overlooked component of DUI cases. This administrative hearing, which must be requested within 15 days of arrest, determines whether your license will be suspended and provides an early opportunity to question the arresting officer’s procedures.
If your case proceeds to trial, your attorney will develop strategic defense approaches, challenge state evidence, cross-examine witnesses, and present alternative explanations for evidence that seems to suggest impairment.
Common Defense Strategies Used by Gilbert DUI Attorneys
Effective Gilbert DUI lawyers employ various defense strategies tailored to the specific circumstances of each case:
Challenging the traffic stop itself is often the first line of defense. Police must have reasonable suspicion to pull you over, and if this standard wasn’t met, all evidence obtained after an improper stop might be inadmissible.
Field sobriety tests are frequently contested based on:
- Improper test administration
- Environmental factors that affected performance (uneven pavement, weather)
- Medical conditions that impact balance or coordination
- Officer bias in evaluating test performance
Breathalyzer results can be challenged based on:
- Improper calibration or maintenance
- The timing of the test and the phenomenon of rising BAC
- Interference from certain medical conditions or substances
- Operator error or certification issues
Blood testing, while generally more accurate than breath testing, still presents opportunities for defense including:
- Chain of custody problems
- Blood storage issues
- Contamination concerns
- Laboratory protocol violations
The rising BAC defense may apply if testing occurred substantially after driving. This defense argues that your BAC was below the legal limit while driving but rose to exceed it by the time testing occurred.
Constitutional rights violations, including improper Miranda warnings or rights to counsel, can also form the basis for successful defense strategies in Gilbert DUI cases.
The Legal Process for DUI Cases in Gilbert
Understanding the Gilbert DUI legal process helps you work more effectively with your attorney. The typical process includes:
- Arrest and Booking: After field sobriety tests and preliminary breath testing, you’re taken to the police station for formal BAC testing and booking procedures.
- Initial Appearance: Usually occurring within 24 hours of arrest, this brief hearing informs you of charges and sets release conditions.
- Arraignment: Where you formally enter a plea of guilty or not guilty to the charges.
- MVD Hearing: A separate administrative proceeding that addresses license suspension. You must request this hearing within 15 days of arrest.
- Pre-trial Conferences: Multiple hearings where your attorney negotiates with prosecutors and discusses evidence issues.
- Evidentiary Hearings: If your attorney files motions to suppress evidence, these hearings determine whether certain evidence can be used against you.
- Trial: Can be either a bench trial (judge only) or jury trial, depending on the specifics of your case.
- Sentencing: If convicted, the court will impose penalties according to Arizona law and any negotiated agreements.
- Post-Conviction Relief: Including possible appeals or motions to modify sentencing.
Gilbert DUI cases typically take 3-6 months to resolve, though complex cases may take longer, especially if they proceed to trial.
Questions to Ask When Hiring a Gilbert DUI Lawyer
To find the right attorney for your Gilbert DUI case, ask these important questions during consultations:
- How many DUI cases have you handled specifically in Gilbert courts?
- What percentage of your practice is dedicated to DUI defense?
- What are the possible outcomes for my specific case?
- How familiar are you with the prosecutors and judges who might handle my case?
- What defense strategies might apply to my situation?
- How do you handle MVD hearings?
- What is your fee structure, and what does it include?
- Will you personally handle my case or will it be assigned to another attorney?
- How will we communicate about my case, and how quickly can I expect responses?
- Can you provide references from previous clients with similar cases?
Understanding an attorney’s approach, experience, and communication style helps ensure you choose a lawyer who not only has the necessary expertise but also works in a way that gives you confidence throughout the process.
Timing and Importance of Quick Legal Representation
The clock starts ticking immediately after a DUI arrest in Gilbert, making prompt legal representation vital. Within 15 days of arrest, you must request an MVD hearing to contest your license suspension—miss this deadline, and your license will be automatically suspended regardless of your criminal case outcome.
Early attorney involvement allows for:
- Preservation of evidence that might otherwise be lost
- Identification and interviewing of potential witnesses while memories are fresh
- Timely filing of motions to preserve your rights
- Strategic guidance on statements to avoid making to law enforcement
- Negotiation with prosecutors before charging decisions are finalized
Some of the most effective defense strategies, such as challenging the maintenance records of testing equipment, require significant investigation time. The sooner your attorney begins this work, the more thorough your defense can be.
Many people make the mistake of waiting until their first court date to seek legal representation. By then, critical deadlines may have passed and valuable defense opportunities lost. If you’ve been arrested for DUI in Gilbert, consulting with an experienced Phoenix DUI lawyer should be your immediate priority—even before your initial court appearance.
Do You Need to Speak with a DUI Defense Lawyer?
If you are someone you love is facing a DUI charge, contact the DUI attorneys at Salwin Law Group. Stewart Salwin is a former prosecutor who now dedicates his practice to helping clients facing DUI and other related charges. He has the knowledge and experience to identify the strengths and weaknesses in the case against you. If you are facing DUI charges in Arizona, call Salwin Law Group today at (480) 702-1789 or fill out a short contact form on our website for a free consultation to discuss your case and how we can help.