Getting arrested for a DUI in Phoenix can be overwhelming, especially if you’ve never dealt with the legal system before. Arizona has some of the strictest DUI laws in the country, and even first offenses can carry strict penalties. If you or someone you care about has recently been arrested for DUI in Phoenix or the surrounding areas, it’s essential to understand what happens next, and how an experienced defense attorney can make all the difference.
At Pajerski Law, we know that a DUI arrest isn’t the end of your story. With over two decades of experience and Board Certification in Criminal Law, Attorney Chad Pajerski offers a steady hand and sharp legal strategy when you need it most.
Most DUI arrests in Phoenix begin with a traffic stop or DUI checkpoint. If an officer suspects impairment, they may request a field sobriety test or a breathalyzer. If you fail or refuse to test, you can be arrested on the spot. Once arrested:
If it’s your first arrest, the process can be especially intimidating. You have the right to refuse to answer questions without an attorney present. Be sure to utilize this right and obtain legal counsel as quickly as possible.
In Arizona, DUI cases trigger two separate legal processes: a criminal case and an administrative case with the Arizona Motor Vehicle Division (MVD).
You have 30 days from your arrest to request a hearing with the MVD to challenge your license suspension.
Failing to request a hearing means automatic license suspension after 30 days, even if your criminal case is later dismissed.
License penalties can include:
Attorney Chad Pajerski can advocate for you, guide you through requesting a restricted license if eligible, and create a tailored legal strategy to help you preserve your driving privileges and move forward with confidence.
Depending on your BAC, criminal history, and other factors, you may face charges such as:
The court process includes:
Arizona imposes mandatory penalties for DUI convictions, even first offenses. The consequences vary depending on each case, but may include:
Penalties escalate with repeat offenses or aggravating factors. A skilled attorney may be able to negotiate alternatives to jail or argue for reduced charges.
Not all DUI arrests result in convictions. You can build a strategic case in court based on your unique circumstances. Consider factors like:
Chad Pajerski builds a tailored strategy based on the specific facts and available evidence, never a one-size-fits-all approach. Reach out today for a free consultation to explore your DUI defense options in Phoenix.
Q: Do I have to submit to a breath or blood test in Arizona?
A: Arizona’s “implied consent” law means you must submit to a chemical test after a lawful arrest. Refusing can lead to a 12-month license suspension, even before your criminal case is resolved.
Q: Can I drive after a DUI arrest?
A: You may receive a temporary license that is valid for 30 days. After that, your ability to drive depends on whether you request an MVD hearing or qualify for a restricted license.
Q: Will I lose my job if I get a DUI?
A: It depends on your employer and profession. Jobs requiring driving, security clearance, or professional licenses may be affected. A strong legal defense can help minimize impact.
Q: How long does a DUI stay on my record in Arizona?
A: A DUI conviction stays on your criminal record permanently. However, misdemeanor DUIs may be eligible for a set-aside and sealing of case records, which is the closest option to expungement in Arizona.
Q: What’s the difference between a regular DUI and an aggravated DUI?
A: Aggravated DUI is a felony. It applies in cases like third DUI within 7 years, DUI while driving on a suspended license, or DUI with a child under 15 in the vehicle.
Q: How can a lawyer help me after a DUI arrest?
A: An experienced attorney can protect your rights, negotiate with prosecutors, represent you in both court and MVD hearings, and work to minimize or eliminate penalties.
If you’ve been arrested for DUI in Phoenix, Tempe, Scottsdale, Chandler, or anywhere in Maricopa County, time is critical. The sooner you contact an attorney, the more options you may have to protect your record, license, and future.
Call Pajerski Law today or fill out our form to schedule your free consultation with Attorney Chad Pajerski.
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