Chandler DUI to the Slightest Degree Attorney
You, like most of us, may believe that if your BAC is less than the legal limit of .08 you cannot be charged with a DUI. In fact, this is not strictly true in the state of Arizona. Under Arizona Statue §28.1381, you could be charged with a Class 1 Misdemeanor DUI if you are found to be “impaired to the slightest degree.” This is a charge that is unique to Arizona law, and one that could bring serious repercussions.
If you have been charged with DUI to the Slightest Degree, it is important that you contact an experienced Chandler DUI defense attorney from Ciccarelli Law Offices. We will look at your charges from every possible angle, negotiating to have the charges reduced or dismissed altogether. We understand that a conviction for DUI—even one for DUI to the Slightest Degree—could result in serious, long-term repercussions, and our goal is to minimize those as much as possible.
Why Choose Our Chandler DUI to the Slightest Degree Lawyers?
If you’ve been charged with DUI to the Slightest Degree—or any DUI offense in the Chandler, AZ area—you need more than hope. You need a solid, knowledgeable, experienced DUI attorney from Ciccarelli Law Offices. Why should you choose us?
- We regularly fight for justice for our clients; we will aggressively defend you against your DUI charges.
- We will fight for your rights, working to have your charges reduced or dismissed (when possible) before you even appear in court.
- We lead a team that brings more than a hundred years of combined national criminal defense experience in state and federal courts.
- Attorney Lee Ciccarelli is a member of the National College of DUI Defense and is recognized by Super Lawyers.
- He also received the Ten Best Client Satisfaction Award by the American Institute of DUI/DWI Attorneys.
- Our criminal defense attorneys in Chandler have successfully represented thousands of clients through the DUI process and have hundreds of Five-Star Reviews
How is “Impaired to the Slightest Degree Measured?
Essentially, if you’ve been charged with DUI to the Slightest Degree, there are no BAC results necessary. If you do take a BAC test, and the results of the test are less than .08 percent, you could still find yourself charged with driving under the influence. Unfortunately, the criteria for such charges are extremely subjective—if the officer believed you “appeared tipsy” in any way, he or she can argue that you were too impaired to drive.
Perhaps you “swayed” a bit when exiting your vehicle, your eyes were red, or you slurred your speech in the slightest. Any of these are grounds for an Arizona officer to charge you with DUI to the Slightest Degree. The good news is that because the “evidence” is usually not only subjective but fairly weak, an experienced Chandler, AZ DUI attorney can use the lack of real evidence to defend your rights.
What Are the Penalties for a DUI to the Slightest Degree Conviction?
The charge of DUI to the Slightest Degree may accompany additional DUI charges that list specific BAC levels. As an example, your first charge could be DUI to the Slightest Degree, followed by DUI charges that are BAC-dependent (DUI, Extreme DUI, Super Extreme DUI). The maximum penalties associated with DUI to the Slightest Degree include the following:
- A requirement for the installation of an ignition interlock device to remain in place for 6-12 months
- Up to 180 days in jail
- Up to five years of probation
- Court-mandated community service
- Alcohol Screening and classes
- A requirement for an SR-22 Insurance policy for up to three years
- 8 points on your MVD record
- Traffic Survival School
There is a mandatory minimum amount of jail time for DUI to the Slightest Degree of 10 days, however, an experienced DUI attorney can likely negotiate that time down to one day in jail along with proof of completion of an alcohol/drug assessment and counseling. The fines you are assessed for DUI to the Slightest Degree could be as high as $2,000. If you comply with all requirements, the ignition interlock device requirement could be as little as six months. The SR-22 insurance mandate can sometimes be avoided—ask your DUI attorney about this.
Anyone who is charged with DUI to the Slightest Degree that has a prior DUI conviction within the past seven years will experience enhanced mandatory minimum penalties. As an example, you could potentially spend up to 90 days in jail, be assessed fines up to $5,000, and lose your driving privileges for up to one year. Following your one-year license revocation, you may have to have an ignition interlock device installed for the next year. The judge may also sentence you to 30 hours of community service, and you may have to attend Traffic Survival School.
What Are the Possible Defenses for Charges of DUI to the Slightest Degree?
The defense(s) your Chandler, AZ will use in response to your charges of DUI to the Slightest Degree will depend on the circumstances surrounding those charges. There are, however, certain defenses that have proven to be more successful, including the following:
- The traffic stop had no reasonable basis, therefore was not legal. The police officer must have a reasonable basis to believe a traffic law has been violated to pull a person over.
- The officer incorrectly based his or her conclusion that the driver was impaired on a field sobriety test. The standard field sobriety tests have been found to be significantly inaccurate, particularly among those with certain medical conditions, those who are overweight, those who are over the age of 65, those taking certain medications, and those with injuries. Further, field sobriety tests are often given on the side of the road which can be rocky and uneven, particularly for women who are wearing heels.
- The breathalyzer test was inaccurate for a variety of reasons. The officer may not have been properly trained on the use of breathalyzers, the machine may not have been properly maintained or calibrated, or the officer may have incorrectly administered the test.
- The weather was bad, explaining driving inconsistencies or poor balance.
- The police officer provided inconsistent statements, therefore his or her credibility can be scrutinized.
Many police stations videotape suspects at the police station. Your DUI attorney may obtain this video to show your speech was clear and your balance was normal despite police testimony to the contrary. In the end, your Chandler, AZ DUI attorney will use the best defense available after considering all the facts and circumstances surrounding your DUI to the Slightest Degree charges.
Contact A Chandler DUI to the Slightest Degree Attorney Today
If you are facing charges of DUI in Chandler, you need a Chandler DUI defense law firm on your side from the start. At Ciccarelli Law Offices, we are passionate about representing individuals accused of DUI across the state. Our Chandler DUI defenses lawyers realize that this is a scary time in your life and we work tirelessly to protect your rights and freedom at every turn.
You deserve a Chandler DUI defense lawyer that is there for you when you need them most. Contact us or call us today at (480) 725-6132.