Do I have to go to jail for a first-time DUI in Phoenix?
Arizona has some of the strictest mandatory minimum sentencing laws in the country. For most first-time misdemeanor DUIs, jail time is mandatory and can range from 1 to 10 days, depending on your Blood Alcohol Content (BAC). However, an experienced attorney can often negotiate for "work release," allowing you to leave for 12 hours a day for your job, or seek home detention with an ankle monitor after a minimum portion of the sentence is served.
How long do I have to save my driver's license after a DUI arrest?
Time is critical. You only have 15 days from the date of your arrest to request an administrative hearing with the Motor Vehicle Division (MVD). If you do not request this hearing, your license will be automatically suspended, regardless of the eventual outcome of your criminal case. Requesting a hearing can often delay a suspension and provide your legal team with an opportunity to contest the state's grounds for the stop.
What is the difference between a felony and a misdemeanor in Arizona?
The primary difference lies in where you serve your time and the long-term impact on your rights. Misdemeanors are typically handled in local or municipal courts (like the Phoenix Municipal Court) and carry a maximum of six months in county jail. Felonies are more serious, involve prison time of at least one year in a state facility, and are generally heard in Superior Court. A felony conviction also results in the loss of civil rights, such as voting and firearm ownership.
Can a drug possession charge be successfully defended if the police found drugs in my car?
Yes. A drug possession conviction requires the state to prove beyond a reasonable doubt that you knowingly possessed an illegal substance. A common defense strategy is "lack of knowledge," especially if the drugs were found in a common area of a vehicle or among a passenger's belongings. We also carefully analyze the legality of the initial traffic stop and search to determine if your constitutional rights were violated, which could lead to the evidence being suppressed.
What happens at my first court appearance (Arraignment)?
At an arraignment, the judge will formally read the charges against you and inform you of your rights. It is standard procedure for a defense attorney to enter a "not guilty" plea at this stage to allow time to review the prosecution's evidence. The judge will also set your release conditions, which might include travel restrictions or mandatory testing. Having counsel present early ensures that your release conditions are as favorable as possible while your case moves toward pretrial conferences.
