Navigating the complexities of a DUI charge in Glendale, Arizona, can be daunting. Understanding your rights and the legal processes involved is crucial. This FAQ, provided by experienced DUI lawyers in Glendale, AZ, addresses common questions individuals face when confronted with a DUI in Glendale. If you or someone you know is facing DUI charges, it’s essential to seek qualified legal counsel immediately.
Understanding Blood and Breath Tests in Glendale DUI Cases
Question: When can I legally refuse a blood or breath test if I’m stopped for suspected DUI in Glendale?
Arizona’s Implied Consent Law dictates that by operating a vehicle within the state, you automatically consent to chemical testing (blood, breath, or urine) if a law enforcement officer has probable cause to believe you are driving under the influence. This law applies to all drivers in Arizona, regardless of residency or licensing.
However, refusing a breath or blood test isn’t without consequence. While you have the right to refuse before a warrant is issued, law enforcement can quickly obtain a search warrant from an on-call judge. This warrant legally compels you to submit to testing. Continued refusal after a warrant is issued can lead to more severe repercussions.
Furthermore, any refusal, whether before or after the warrant, can result in an automatic one-year suspension of your Arizona driving privileges.
Out-of-State Drivers and Arizona DUI Suspensions
Question: I live outside of Arizona, but received a DUI in Glendale. Will an Arizona license suspension affect my driver’s license in my home state?
Yes, it will. Arizona participates in the Interstate Driver License Compact. This agreement ensures that any driving-related penalties, including DUI suspensions, are communicated to other member states. If your Arizona driving privileges are suspended due to a Glendale DUI, your home state will be notified. Consequently, your home state’s Department of Motor Vehicles (DMV) will likely suspend your driving license there as well. You will typically receive a notification letter from your home state DMV informing you of the suspension, which will remain in effect until you obtain a “Clearance Letter” from the Arizona Motor Vehicle Division (MVD). Ignoring an Arizona DUI charge and returning home will not prevent consequences in your home state.
Ignition Interlock Devices in Glendale DUI Cases
Question: What is a Certified Ignition Interlock Device, and when is it required in Glendale after a DUI?
A Certified Ignition Interlock Device (IID) is a breath-testing device installed in your vehicle. It is often required after a DUI conviction or following an administrative license suspension by the Arizona MVD due to the Implied Consent Law. The IID requires you to blow into it to start your car. While driving, you will be prompted to provide breath samples approximately every 15 minutes to ensure continued sobriety.
If the IID detects alcohol, or if you fail to provide a sample, the device will record a violation, and the IID company will notify the MVD. This can lead to a revocation of your driving privileges. It’s crucial to comply with all IID requirements to maintain your driving privileges.
DUI in Glendale as a Non-Resident
Question: What happens if I am visiting Glendale from out of state and get arrested for a DUI?
Leaving Arizona and ignoring a DUI citation or the Arizona MVD is a serious mistake. Ignoring these legal obligations will lead to negative consequences. Arizona will likely issue a warrant for your arrest, which could potentially be enforced across state lines. More definitively, your driver’s license will be suspended in Arizona, and this suspension will be reported to your home state via the Interstate Compact. As mentioned earlier, this will likely result in your home state suspending your driving privileges. Furthermore, depending on the warrant enforcement, you could face arrest in your home state. It is imperative to contact a Glendale DUI lawyer to handle your case, even if you reside out of state, to protect your driving privileges and address the charges appropriately.
Professional License and Employment Implications of a DUI
Question: How can a DUI conviction impact my professional licenses or employment?
A DUI conviction can have significant repercussions for various professions. Many professional licensing boards have specific regulations concerning DUI convictions. These boards oversee professions ranging from medicine and nursing to real estate, aviation (FAA), education, and numerous others. DM Cantor, for example, provides Board Representation services to assist individuals facing disciplinary actions related to their professional licenses due to DUI charges. It is vital to consult with a skilled Glendale DUI attorney who understands the collateral consequences of a DUI conviction, including potential impacts on your professional standing and employment.
DUI Records in Arizona
Question: If convicted of a DUI in Glendale, how long will it remain on my record in Arizona?
The duration a DUI stays on your record in Arizona varies depending on the context. For insurance purposes, most insurance companies typically have a “look-back” period of 39 months when assessing risk and premiums. However, for legal purposes related to prior DUI offenses, a misdemeanor DUI conviction will remain on your record and can be used as a prior conviction for up to 7 years.
Felony Aggravated DUI convictions, however, have lifetime implications in Arizona. A prior Felony Aggravated DUI, even if it occurred decades ago, can be used to enhance the penalties for a subsequent Felony Aggravated DUI charge. For example, a second Felony Aggravated DUI offense can carry a mandatory minimum prison sentence of 4.5 years. Consulting with a Glendale DUI lawyer at DM Cantor is crucial to understand the long-term implications of DUI charges and to explore your defense options. Schedule a consultation today to discuss your case with experienced DUI attorneys in Glendale.
Set Aside Judgment in Arizona DUI Cases
Question: Can I get my Glendale DUI conviction expunged from my record?
Arizona law does not technically offer “expungement” for DUI convictions. However, there is a process called “Setting Aside the Judgment of Guilt.” While not a complete expungement, successfully setting aside a judgment can be highly beneficial. Many employers and background check agencies view a “Set Aside Judgment” favorably, often considering it akin to a dismissal or a clean record. Consulting with a DM Cantor DUI attorney can provide guidance on the process of setting aside a judgment and how to address background check or employment applications after obtaining a Set Aside Judgment.
Expertise and Success of DM Cantor DUI Lawyers in Glendale
Question: Does any other law firm have more Board-Certified Criminal Law Specialists or a better track record of DUI case wins than DM Cantor?
No. DM Cantor stands out as the only law firm in Arizona with Three Board-Certified Criminal Law Specialists. This certification signifies a high level of expertise and recognized specialization in criminal law, including DUI defense. Furthermore, DM Cantor boasts a proven record of success, evidenced by the highest number of Jury Trial Complete Acquittals and Dismissals/Reductions in DUI cases statewide. Their case results are publicly available on their website, demonstrating their commitment to transparency and their achievements in DUI law in Glendale and throughout Maricopa County. When facing DUI charges in Glendale, choosing experienced and highly qualified Glendale lawyers at DM Cantor offers a significant advantage.
Disclaimer: This FAQ is for informational purposes only and does not constitute legal advice. If you are facing DUI charges in Glendale, Arizona, you should consult with a qualified DUI lawyer to discuss the specific details of your case.
