Laura Kuhl is a content editor, writer and social media manager with ten years of experience in the legal, finance, and insurance fields. She started her career as a movie review writer in Wilmington, NC, after earning her M.A. at the University of North Carolina at Wilmington. She is a featured legal and business writer on Free Advice and PotNetwork News.
Laura Kuhl
Laura Kuhl is a content editor, writer and social media manager with ten years of experience in the legal, finance, and insurance fields. She started her career as a movie review writer in Wilmington, NC, after earning her M.A. at the University of North Carolina at Wilmington. She is a featured legal and business writer on Free Advice and PotNetwork News.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
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Jeffrey Johnson, J.D.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Editorial Note: We earn a commission from partner links on Forbes Advisor. Commissions do not affect our editors' opinions or evaluations.
Whether you’re cruising the Mt. Lemmon Scenic Byway or bringing friends to explore nearby historic Bisbee and Tombstone, a DUI can interfere with any road trip in the Tucson area. Arizona has some of the harshest DUI penalties in the country, and you could lose your license for up to a year after your first offense.
Fortunately, this is not the end of the road. Use this list to find the best DUI lawyers in Tucson to protect your driving privileges and safely get back behind the wheel.
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Best DUI Attorneys in Tucson, AZ
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DUI Laws in Arizona
Arizona DUI laws have some of the country’s highest fees and harshest penalties. After a first DUI offense, Tucson drivers serve mandatory jail time and pay over $1,000 in fines. Aggravated DUI comes with additional penalties that can be stacked with the fines and punishments you’re already facing for DUI or Extreme DUI.
Even if you’re not inside a vehicle, you can still be arrested for DUI in Arizona if your blood alcohol concentration is over 0.08 within two hours of driving. Keep reading to learn how Arizona DUI laws might impact your case, but speak with an attorney for professional advice before moving forward.
Legal Blood Alcohol Concentration (BAC) in Arizona
The state considers any Tucson driver with a blood alcohol concentration (BAC) of 0.08 or higher to be driving under the influence. If you’re driving a commercial vehicle, your BAC cannot exceed 0.04.
Arizona DUI laws differentiate between regular DUI (0.08 or higher) and drivers who are extremely intoxicated:
- Extreme DUI: If your BAC is over 0.15 but still under 0.20
- Super Extreme DUI: If your BAC is over 0.20
For underage drivers, Arizona enacted the “Not A Drop” law. You might hear it called a “baby DUI.” It means any driver under 21 will be charged with a DUI if they’re caught with a BAC higher than 0.00.
Implied Consent Laws in Arizona
By applying for an Arizona driver’s license and operating a vehicle in the state, you automatically agree to alcohol or drug concentration testing—that is known as implied consent. Implied consent laws still apply if you’re unconscious, deceased, or otherwise unable to refuse or agree to the test.
You still have the right to refuse, but you will lose your license for up to a year and cannot reinstate it until you complete some form of alcohol or drug screening. You will receive an Implied Consent Affidavit upon refusal, similar to a DUI citation and with the same penalties and fines.
A DUI lawyer in Tucson can help you better understand your rights under Arizona’s implied consent laws and determine if your BAC test results were illegally obtained.
DUI Penalties in Arizona
Arizona DUI penalties are severe. A first offense involves a mandatory ignition interlock device (IID) install.
- First offense, BAC over 0.08:
- $1,250 fine
- Minimum of 10 days in jail
- License suspension for one year and IID for six months
- Second and third offenses, BAC over 0.08:
- $3,000 fine
- 90 days in jail
- License revocation and IID for 12 months
- 30 hours of community service
- Extreme DUI, first offense, BAC over 0.15
- $2,500 fine
- 30 consecutive days in jail
- License revocation and IID for 12 months
- 30 days of drug and alcohol screening
- Extreme DUI, second and third offenses, BAC over 0.15:
- $3,250
- 120 consecutive days in jail
- License revocation and IID for 12 months
- 30 hours of community service
- 90 days of drug and alcohol screening
- Super Extreme DUI, first offense, BAC over 0.20:
- Up to $3,170
- 45 consecutive days in jail
- License revocation and IID for 12 months
- 30 days of drug and alcohol screening
- Super Extreme DUI, second and third offenses, BAC over 0.20:
- Up to $4,590
- 90 to 180 consecutive days in jail
- License revocation and IID for two years
- 30 hours of community service
- 90 days of drug and alcohol screening
- Aggravated DUI, second or third offense, BAC over .08
- Up to $4,000
- Two or more years in jail
- License revocation and IID for 12 months, up to 24 months
- Up to 240 days of drug and alcohol screening
- Mandatory traffic survival school course
You will also face aggravated charges that add up to two more years in jail and increase all fines if you commit another DUI within 84 months of a previous charge or drive under the influence with a revoked or suspended license or with someone under 15 years old in the vehicle.
What to Expect After a DUI Arrest in Arizona
No matter what happens when you get a DUI in Tucson, remember that you have the right to remain silent and do not have to consent to testing. You will not be jailed for refusing to take a sobriety test, but your driving privileges can be suspended. You will surrender your license, and police officers can still detain you for a DUI if there is other evidence in the car, such as open bottles. If detained, you could spend at least one day in jail. The officers will likely take a blood sample at the station.
If you agree to test and are found under the influence, you will be cited and spend at least one day in jail. Your citation will list your trial’s date, time and location. The arresting officer will also hand you a pink piece of paper, notifying you that your license will be suspended. Request an attorney and hearing as soon as possible to avoid losing your license in 15 days.
If found guilty of DUI, you will need to pay fees and complete community service and drug and alcohol screening to reinstate your driver’s license.
How Can an Attorney Help You?
Hiring a skilled DUI lawyer can stop you from serving any more jail time, and they will request a hearing on your behalf to maintain your driving privileges while you await trial.
The biggest reason you want a local lawyer is because they often know the prosecuting attorneys and can better anticipate how they will approach your case. Your attorney will research the details of your case to ensure the officers were acting within their right to test and detain you. They will also investigate your side of the story to look for any exculpatory evidence that could dismiss or reduce your charges.
Even if you’re guilty of driving under the influence, the best DUI lawyers will consider all angles of your case and work with you to develop a fair plea bargain with the prosecution.
How to Choose the Best DUI Lawyer in Tucson, AZ
Finding the right attorney ultimately comes down to your personality and dynamic working together, but there are common strengths you should look for in every lawyer that speaks to their skill and character.
The top three things to look for to find a DUI lawyer are legal experience, a winning track record and absolute transparency:
- Experience: Look for attorneys with national criminal and DUI defense awards and local accolades from the Tucson legal community. This shows they are adept at applying their legal knowledge to the unique nuances of the Tucson judicial system.
- Track Record: Find attorneys with winning trial experience who know how to face a judge and jury confidently. You want to work with a DUI lawyer who can stand up to the prosecution if they refuse a plea bargain or reduced charges.
- Transparency: Read client reviews to find attorneys who are always available and maintain open lines of communication, whether it’s via phone, text or email.
Methodology
To come up with the best DUI lawyers in Tucson in 2024, Forbes Advisor considered many factors. Forbes Advisor’s mathematical analysis considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:
- Legal experience
- Special licenses and certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education and employment background
- Scholarly lectures and writings
- Awards and honors
Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
Frequently Asked Questions (FAQs)
Is it worth getting a lawyer for a DUI in Tucson, Arizona?
Yes, hiring a DUI lawyer in Tucson can help reduce or dismiss your charges completely. Even if you’re guilty, a lawyer will negotiate a plea bargain that works in your best interest.
What are the DUI laws in Tucson, Arizona?
Arizona DUI laws are very strict. First offenses come with mandatory jail time and over $1,000 in fees. Drivers facing Extreme DUI and Super Extreme DUI charges for higher BAC will spend a minimum of three months in jail and pay over $3,000 in fines and court fees.
What is the new Arizona DUI law?
As of January 2023, an aggravated DUI is no longer considered a prior offense when sentencing unless you have multiple aggravated DUI charges.
Can a DUI be dismissed in Arizona?
Yes, but only in certain circumstances. Many cases where DUIs are dismissed involve illegal stops, illegal sobriety testing, inaccurate testing, testing not done within the correct timeframe and instances where arresting officers refuse to let defendants call an attorney. Speak with a local Tucson DUI lawyer from this list about the possibility of having your DUI charges dismissed.
