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.
(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
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