Phoenix DUI Arrest, Court, Police and Defense Attorney Information
Phoenix Has the Most Dui Cases in Maricopa County.
Your dui case in Phoenix will have a first court appearance called an arraignment and this is typically scheduled in a relatively brief period of time from your arrest (one to three weeks). This first court appearance in your dui case is merely to tell you what the charges are and to enter a plea of guilty or not guilty. If you have already retained a dui attorney then you will not need to attend this court date.
PHOENIX CASE MANAGEMENT PLAN:
Phoenix has had a dui case management plan for years now thathas attempted to resolve dui casesas quickly as possible. The expectation has been to resolve 80 percent or more dui cases within 4 months. Personally, I believe delay can be your best ally and I feel no complusion to rush anything, unless there is some benefit to you the client, then I will take all the time I can get away with, to reach a better outcome for your case.
Your case will be assigned to a particular court for pre-trial conferences
You will be assigned to a courtroom for your pretrial comnferences. Your attorney can attend these scheduling conferences for you. Your case will stay in that court until a motion of some sort is filed (say a motion to suppress evidence) or your case is set for trial.
If your case is set for trial or a motion is filed in your case, you will be assigned to courtroom 607.
On the day of your trial or motion hearing, the judge will send you out to a trial court to hear your case. An experienced attorney will be able to "notice" or challenge on a one time basis per case, where your case is sent and if this is done, you will be sent to another courtroom. The prosecutor has the same ability to make one challege as well. After your assignment is made, you will pick a jury and proceed to trial if the case is a jury trial. A typical jury trial takes about two days to complete or at least plan on two days especially if an expert witness is used by the defense. The Bergman Law office has expert witnesses that can be used and this is thoroughly discussed with the client before employing them in your case.
Phoenix Now Uses Blood Testing and No Longer Uses Breath Testing
Phoenix has moved away from using breath testing in dui cases and now uses blood testing. This is not fool proof evidence and it is vital you have an attorney that knows how to review the blood data that the Phoenix crime lab produces with respect to your blood testing and the samples of others and the overall accuracy of how the blood testing was done in your dui case.
HERE'S WHAT YOU NEED TO KNOW
As a Phoenix Arizona DUI attorney who practices regularly in Phoenix Municipal Court, I can tell you that they have a very strict plea policy. In essence, they will usually not agree to reduce a DUI to a non-DUI. In other words, if you have a DUI in Phoenix, don't expect to get handed a reckless driving. If you are told that your personal circumstance will be taken into account and considered for a non- dui type of outcome, then you are simply not being told the truth. No amount of mitigation or explanations will result in a deviation from the State's offer of plead to the charge, however this makes hiring someone who knows dui law and how to work a case that much more vital. Good outcomes are legal issue driven and only through diligent, competent work will you have a chance at success
What does it mean?
Simply put, it means that you will need to have an DUI attorney for your Phoenix case, and that attorney will have to beat the case for you. It happens all of the time. In fact, in Phoenix, we have gotten many not guilty verdicts over the years.
Phoenix DUI Van program
Phoenix has a fleet of mobile drunk driving processing units, commonly referred to as DUI vans. In most cases, you will be taken to a van rather than a police station for a blood draw or breath test.
Phoenix DUI officers
DUI officers in Phoenix are commonly referred to as "DUI Motors." They typically ride motorcycles. The process is typically a two person job. The first officer pulls you over and does the field tests (if you don't know enough to refuse them). Then you meet the second officer, the "van operator," who takes your breath or blood.
New Sentencing for Extreme and Super-Extreme DUI Cases (as of 7-01-2014) in Phoenix
If you are convicted of a dui case involving a .15 or higher but less than .20 (an extreme dui) you are now eligible to receive 9 days in jail instead of 30 and after the first 2 days are served, you can get home detention (if certain criteria are met). For a super-extreme dui above a .20, you will have to serve 3 days in jail and then you can become eligible for the remaining 11 days to be on home detention. Again, you have to be eligible but the requirements are not strict, e.g. you must not be a "violent offender", you have to have landline for home detention equipment, you must be employed, in school or some other circumstance that the judge will allow the home detention. As a part of this sentence you are required to show proof and provide updates that your car has an interlock ignition device and that you are not violating the interlock requirements. The judge will have status hearings set up every 60 to 90 days and if you are in compliance, the rest of the remaining jail will be deleted. This will allow for 21 days of jail to be deleted for an extreme and for 31 days for a super-extreme
NEW UPDATE: C.A.P. PROGRAM
This is called the continous alcohol monitering program and works like the framework listed above, except if you are allowed in and opt for this program, you will be monitered for alcohol use 24 hours a day through a bracelet type of device. The big advantage to this program, as opposed to home detention, is that you have no restrictions on your movements as long as you do not drink! With home detention, you still must be in your residence when you are not working.
Live your life and let your attorney handle your case
The next thing you need to do is educate yourself on Arizona DUI law and process. Once you do this, you will be in the best position to choose a lawyer for your case. Stewart Bergman was a former prosecutor and felony crimes dui lawyer in the Maricopa County Public Defender's Office and has over 15 years experience in handling dui cases and would be glad to handle your Phoenix Dui case.