DUI/DWI

Mesa DUI Lawyer

BV Distinguished Mesa Trial Lawyer Who’s Handled 10,000+ DUI Cases

Attorney Phil Hineman is a BV distinguished attorney with over 30 years of trial experience. He has handled more than 10,000 DUI cases throughout his legal career, over 250 of which were jury trials. As a hardworking, Arizona native, Attorney Hineman tackles each of his clients’ cases with responsive and results-driven zeal, digging deep into the details of your situation to strategize an airtight case against the opposition. Let an accomplished Mesa DUI attorney champion your defense, whether you are facing a first or subsequent DUI charge.

Call (928) 224-3230 or contact the Law Office of Phil Hineman, P.C. online for a free consultation today.

What Constitutes DUI?

In Arizona, it is unlawful for all drivers to operate a motor vehicle while they:

  • possess a blood alcohol concentration (BAC) of .08% or more; or
  • are under the influence of drugs or alcohol that causes the driver to be impaired to the slightest degree.

Note that a person can be charged with DUI even if they are not driving the car. In other words, it is illegal to be in "actual physical control" of a car while under the influence of alcohol or drugs or with a BAC of .08% or more, which may not necessarily mean driving the car. For example, a judge or jury might consider the following to determine whether a driver was in actual physical control of a vehicle:

  • whether the vehicle was running;
  • where the ignition key was located;
  • where and in what position the driver was found in the vehicle;
  • whether the driver was asleep or awake;
  • whether the vehicle headlights were on;
  • where the vehicle was stopped in the road or legally parked.

The above circumstances of DUI will vary with every case, so it is best to speak with an experienced DUI lawyer like Attorney Phil Hineman to determine whether your situation may properly be considered an actual-physical-control DUI.

Also note that Arizona has a specific law addressing underage DUI, commonly called a “baby DUI.” Under the state’s “not-a-drop” law, it is illegal for drivers under the age of 21 to drive with any detectable amount of alcohol in their system.

Penalties and Sentencing

The penalties for DUI vary depending on the circumstances of the case, such as the driver’s BAC and any prior convictions. Individuals convicted of impaired or per se DUI (BAC of up to .149%), could face the following sentencing:

  • 1st offense: minimum 10 days in jail; at least $1,480 in fines; 90-day license suspension; 1-year mandatory use of ignition interlock device (IID)
  • 2nd offense: minimum 90 days in jail; at least $3,000 in fines; 1-year license suspension; 1-year mandatory use of IID

Those convicted of extreme DUI (BAC of .15%-.199%) could face enhanced sentencing:

  • 1st offense: minimum 30 days in jail; at least $3,000 in fines; at least 90 days of license suspension; 1 year of IID use
  • 2nd offense: minimum 120 days; at least $3,250 in fines; 1-year license revocation; 1-year mandatory IID

Keep in mind that, like many states, Arizona also implements implied consent laws that require individuals to submit to a blood or breath test if a police officer has reason to believe they have alcohol or drugs in their system. Refusal to comply will result in a 1-year license suspension upon a first offense and a 2-year suspension for second and subsequent offenses.

Let the Law Office of Phil Hineman, P.C. Defend You

If you are facing DUI charges in Mesa, let an experienced trial attorney defend you against potential jail time and fines. There are numerous strategies your lawyer may take to champion your defense, such as the “sleep-it-off” defense against an actual-physical-control DUI that claims you were in your vehicle to sleep off any remnants of alcohol in your system before operating your vehicle. The Law Office of Phil Hineman, P.C. has handled over 10,000 DUI cases, many of which were jury trials, so you can trust that the firm is equipped with the professional knowledge and skill to fight for you in Mesa court.

To learn more about how the Law Office of Phil Hineman, P.C. can help you in Mesa, schedule a free consultation online or at (928) 224-3230.

  • He aggressively, but tactfully, fought for my voice to be heard in court and he went the extra mile.

    “My experience was very positive and I found him and his associates to be well-prepared and knowledgeable.”

    - David K.
  • I highly recommend them if you need to file bankruptcy.

    “Phil Hineman and his staff have been very helpful and supportive during this difficult time. Guidance was given and questions always answered.”

    - Bob R.
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  • If you're in trouble, do not hesitate to call on Mr. Hineman's help.

    “Phil Hineman's a good lawyer. He helped me in my case, lowered my punishment by the judge, and got rid of a few charges like how I asked. If you're in trouble, do not hesitate to call on Mr. Hineman's ...”

    - Kristian H.
  • If you want a fantastic lawyer, Mr. Hienman is your man.

    “Mr. Hienman is the most understanding lawyer I have ever met. I prayed for Mr. Hienman to call me without even knowing him or meeting him.”

    - Belinda G.
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Phil Hineman has been providing bankruptcy, family law, and criminal law services for the community for over 25 years. Reach out to discuss your case today.