Goodyear DUI Defense
Call (480) 833-8613
Former Police Officer
Former DUI Prosecutor
Twenty Years DUI Defense Experience
There are severe consequences you face if arrested and prosecuted in the City of Goodyear. Aside from penalties imposed by the court, including jail, probation, fines and counseling classes, you also risk losing a fingerprint clearance card, job and housing opportunities or difficulty being admitted to the school of your choice. Consequently, you should immediately contact an experienced DUI Lawyer if arrested in Goodyear, Arizona and being cited to appear in court there. I have practiced DUI defense in Goodyear as well as surrounding cities during the last twenty years and have obtained tremendous results for my clients. My experience as a police officer, detective and prosecutor allows me to quickly identify favorable facts and use them on my clients' behalf to get great results.
Ray Kimble is a former Police Officer, and DUI Prosecutor who has been defending people charged with DUI in Goodyear, Arizona and throughout Maricopa and Pinal Counties during the last twenty years. Mr. Kimble prides himself on being accessible to his clients at all times, including nights and weekends by cell phone, text message or e-mail. If a client has a question or concern, Mr. Kimble prefers that it be addressed immediately.
Raymond Kimble Represents Individuals Charged with All Types of DUI's Including:
- Misdemeanor DUI
- Extreme DUI
- Super Extreme DUI
- DUI's Involving Drugs
- Commercial Driver's License DUI
- Aggravated DUI
- Boating DUI
1. Why Did Police Charge Me With Multiple DUI's?
Arizona has several types of DUI charges which are dependent upon your alcohol concentration. Arresting officers will usually charge you with as many offenses as possible in order to make their case as strong as possible. You may have several DUI charges on the citation issued by officers or the complaint you received from the court. The potential jail time, fines and ignition interlock requirements will increase based on the level of DUI charge you are convicted of.
DUI Charges in Arizona Include:
- Impaired to the Slightest Degree - This charge essentially alleges that your driving ability was lessened to any degree because of alcohol, drugs or a combination of those things which you may have consumed. Police and prosecutors do not need a specific alcohol concentration to prosecute you for this offense. It can be based on a combination of factors such as your driving behavior, physical appearance, statements about drinking or drug use and performance on the field sobriety tests.
- Alcohol Concentration Above .08% - It is illegal to drive or be in actual physical control of a motor vehicle in Arizona with an alcohol concentration above .08% as measured by a breathalyzer or blood test within two hours of driving.
- Extreme DUI Above .15% - It is illegal to drive or be in actual physical control of a motor vehicle in Arizona with an alcohol concentration above .15% as measured by a breathalyzer or blood test within two hours of driving.
- Super Extreme DUI Above .20% - It is illegal to drive or be in actual physical control of a motor vehicle in Arizona with an alcohol concentration above .20% as measured by a breathalyzer or blood test within two hours of driving.
- Drug DUI - It is illegal to operate a motor vehicle in Arizona with an illegal drug such as methamphetamine, cocaine, heroin, etc. or a metabolite of that drug in your system. In cases such as these, prosecutors are not required to prove you were impaired. Rather, they only need to show that you were driving and that an illegal drug was in your system. This is usually illustrated by a blood or urine test.
2. What are the Penalties for a DUI Conviction?
The penalties for a DUI conviction in Goodyear are governed by state law. Undoubtedly, the State of Arizona imposes some of the harshest consequences in the nation upon people who have been convicted of DUI. Unfortunately, a DUI conviction in Arizona requires individuals to serve mandatory jail sentences. The jail time imposed for a DUI will depend upon the level of offense and whether you have prior DUI convictions within the last seven years.
Jail Sentences for DUI Include:
1. Impaired to the Slightest Degree, DUI Above .08% or a Drug Related DUI - A sentence of ten days jail although nine days may be suspended upon the successful completion of alcohol or drug screening and treatment.
2. Extreme DUI - If you are convicted of driving with an alcohol concentration above .15%, the minimum penalty is 30 days jail. Twenty one days jail can be suspended by placing a certified ignition interlock device in your vehicle for one year following conviction. If eligible, you may also be able to serve a portion of your jail term through home detention or continuous alcohol monitoring.
3. Super Extreme DUI - If you are convicted of driving with an alcohol concentration above .20%, the minimum penalty is 45 days jail. Thirty one days jail can be suspended by placing a certified ignition interlock device in your vehicle for one year following conviction. If eligible, you may also be able to serve a portion of your jail term through home detention or continuous alcohol monitoring.
4. DUI with Prior Convictions During the Last Seven Years - If you have a prior DUI conviction within the last seven years of your current offense, the potential jail sentences will increase significantly. Specifically, and depending upon the type of DUI your are charged with, you may be required to serve anywhere from ninety days to six months in jail. In certain situations the jail time can be reduced upon completion of alcohol education classes or through participation in a home detention program.
Aside from mandatory jail terms, a DUI conviction will result in huge fines and fees, probation, alcohol or drug education classes, the suspension of your drivers license and installation of an ignition interlock device in your vehicle.
3. Can a DUI Charge in Goodyear be Defended?
The short answer is yes. Although prosecutors in Goodyear strictly enforce the state's DUI laws, there are a number of defenses which can be evaluated and used to get a charge dismissed, reduced or even argued at trial. On many occasions, I have helped people obtain a complete dismissal of their DUI case or have substantially reduced the penalties my clients initially faced. Because the penalties for DUI are so severe, people who have been arrested should immediately contact an experienced DUI lawyer who is able to perform a thorough investigation, recognize important issues and work to obtain a favorable result.
Some possible defenses which can be used to avoid a DUI conviction include:
- Lack of Driving or Actual Physical Control
- No Reasonable Suspicion to Stop
- No Probable Cause to Arrest
- Improperly Administered Field Sobriety Tests (FST's)
- Right to Counsel Violations
- Violation of Miranda Warnings
- Inaccuracy of the Breathalyzer Device
- Retrograde Extrapolation
- Deficiencies in Blood Alcohol Testing & Issues in Blood Cases
- Denial of an Independent Blood Test
These issues can be used to challenge the prosecutor's evidence or the strength of their case, argue that evidence should be suppressed, negotiate a favorable result or show that the case is not strong enough for a jury to find you guilty beyond a reasonable doubt at trial.
4. Will My Driver's License Be Suspended Due to a DUI?
If you are arrested for DUI and refuse to participate in blood, breath or urine testing, or alternatively, take a blood or breath test and have an alcohol concentration above .08, an automatic suspension of your driver's license may go into effect. How long your driving privileges are suspended depends upon whether you agreed to a blood or breathalyzer test or whether you refused to take a test. If you agreed to participate in blood or breath testing, the suspension will last ninety days. Refusing to take a test will result in a potential license revocation of one year. Usually, the arresting officer will serve you with notice of the suspension at the time of your arrest. This driver's license suspension, also known as an administrative license suspension, is a civil penalty which is separate and apart from any penalties imposed by the court. Moreover, these license suspensions many still occur even if the underlying DUI charge is dismissed.
Be aware that you only have a very short period of time to request a Hearing with the Division of Motor Vehicles in order to challenge or postpone the suspension of your drivers license after being arrested for DUI. Once the time period to request a hearing has expired, the suspension will automatically become effective and cannot be reversed. Consequently, you should consult with an attorney as soon as possible after being arrested for DUI and served with a license suspension notice.
If a request for hearing to challenge the suspension of your drivers license is submitted in a timely manner, the Department of Transportation will schedule an Administrative Hearing within thirty days. The suspension of your license will also be placed on hold until after a decision has been made by the administrative law judge at the hearing.
The issues addressed at a DUI license suspension hearing are very limited. These include whether the arresting officer had reasonable grounds to believe you were:
- Driving or in actual physical control of a motor vehicle,
- Under the influence of liquor or drugs,
- Placed under arrest for DUI,
- Refused to submit to testing after being advised of the consequences, or
- Completed a blood or breath test and there was an alcohol concentration above .08.
While representing clients who have been charged with DUI, I always request a Hearing aimed at protecting your driving privileges and will work to help you avoid a suspension or obtain a restricted license or work permit.
5. Can I Get My Car Out of Impound?
In Arizona, your car can be impounded if you are charged with:
- Driving on a suspended license
- Driving with alcohol in your system when under 21 years of age
- Extreme DUI
- Aggravated DUI
Your vehicle can be impounded for thirty days and can only be released after certain fees are paid. The required payment includes a $150 administrative fee and charges of $15 per day for storing your vehicle at the tow yard. You can request a Hearing and ask that your car be released immediately. However, the hold on your vehicle will only be lifted under very limited circumstances. Additionally, your car can be released to a third party such as your spouse or any other person who was included on the car title prior to your arrest.
Call (480) 833-8613 for Help Now
As a former police officer, DUI prosecutor and experienced DUI attorney, I know the criminal justice system, how prosecutors and police officers think and how to attack a DUI case from all angles. I have represented thousands of people from all walks of life who have been charged with serious offenses and have expertise in achieving a dismissal of the charges, negotiating favorable agreements and conducting jury trials in all types of DUI cases. If you have been arrested or charged with a DUI in Goodyear or any city in Maricopa or Pinal County, call for immediate help.