Tucson DUI Attorney
The DUI Defense Firm You Want on Your Side
Nesci & St. Louis is a nationally recognized, respected Tucson DUI firm. We have earned our reputation as uncompromising, effective DUI defense lawyers by employing our aggressive litigation style and using our extensive training to accomplish the best results possible for our clients. Learn how our attorneys’ combined experience of more than 80 years and vast knowledge of Arizona DUI laws bring you the best possible outcome in your drunk driving charge.
All drivers should be aware of their rights when being pulled over for a DUI, click here to read attorney St. Louis' article regarding the Do's & Don'ts when being pulled over for a suspected DUI.
Effective Defenses in Challenging DUI Cases
Because our law firm is 100% dedicated to criminal and DUI defense, we devote all our efforts and resources to developing successful tactics to fight charges in the criminal justice system. We take on the most challenging DUI cases, including:
- Felony "Aggravated" DUI Offenses — Felony aggravated DUI charges are filed if you have had two prior DUIs within seven years, you were driving on an invalid driver license at the time of your DUI arrest or you had a child under the age of 15 in the vehicle while driving under the influence.
- Extreme DUI and Super Extreme DUI — Extreme and super extreme DUI are defined by drunk driving statutes that apply to blood or breath alcohol content (BAC) of .180 percent or greater, and these charges result in enhanced penalties.
- Minor Driving with Alcohol — Arizona applies zero tolerance DUI laws that penalize underage drinkers for driving with even trace amounts of alcohol or drugs in their systems.
- DUI with Prior DUI Offenses & DUI while on Suspended License — A drunk driving arrest with prior DUI offenses or a DUI while driving on a suspended license can result in a more severe sentence, and you may possibly be charged with an aggravated felony DUI.
- Driving while under the Influence of Illegal Drugs or Prescription Medications — You can be charged with DUI for driving while using prescription, over-the-counter or illegal drugs.
- DUI Roadblocks & DUI Checkpoints — Protect your rights if you encounter DUI checkpoints or roadblocks by reading suggestions from our experienced lawyers.
- Commercial DUI — Being charged with DUI while driving on a commercial driver’s license may result in the loss of your CDL for a year, with a second DUI leading to lifetime loss of your CDL.
- License Suspension Hearings — Arizona allows you to challenge the suspension of your driving privileges at a motor vehicle license suspension hearing, which is a separate procedure from your criminal case.
- DUI Manslaughter & DUI Homicide — You can be charged under Arizona’s felony endangerment, aggravated assault, manslaughter or even second degree murder statutes for a DUI accident that causes serious injuries or death.
- DUI with Child Abuse/Endangerment Charges — In addition to felony aggravated DUI charges, you may face companion child abuse or child endangerment charges if you are accused of driving while intoxicated with a child under the age of 15 in your vehicle.
Arizona Implied Consent Law: What Are My Rights?
Implied consent law obligates anyone driving in Arizona to consent to a chemical test if an officer suspects the person of driving under the influence (DUI) of drugs or alcohol. Arizona Revised Statute (ARS) 28-1321 explains implied consent in detail. A chemical test can be a blood, breath, urine or other bodily substance test for determining the blood alcohol content (BAC) or blood drug content.
Law enforcement officials have the discretion to decide the type of test you must take. The officer must have reasonable grounds to believe you were driving while intoxicated or that you were under the age of 21 and drove after drinking alcohol. When a test shows .08 percent or higher alcohol concentration, the state considers it a DUI. When driving a commercial vehicle, a driver with BAC that tests .04 percent or higher can be charged with a DUI.
Can I Refuse a Chemical DUI Test in Arizona?
You can refuse a chemical test, but an officer who requests that you take one must inform you of the consequences for refusal. Refusing to submit to the chemical test results in immediate surrender of your driver license or permit, and the state issues you a temporary license, valid for 15 days. After 15 days, the Motor Vehicle Division suspends your driving privileges. However, you have the right to an administrative hearing before the 15 days is over to refute the driver license suspension.
When you take the chemical test, even though the officer decides the type of chemical test, you also have the right to obtain your own independent test, which can be whatever type of test best serves your case. When discrepancies in test results exist, your attorney can argue on your behalf.
Call Nesci & St. Louis today at (520) 999-2441 or contact us online to schedule your FREE initial consultation with a TucsonDUI attorney.