Phoenix DUI and Criminal Defense
Former Police Officer
Former DUI Prosecutor
Twenty Years DUI & Criminal Defense
Call (480) 833-8613
PHOENIX DUI DEFENSE
The City of Phoenix possesses the most experienced and well trained police officers and prosecutors in Maricopa County. Being the largest law enforcement and city prosecutor's office in Maricopa County, police officers and prosecutors in Phoenix are provided with the training, equipment and support necessary to strictly enforce the state's DUI laws. If you've been arrested and charged with a DUI and ordered to appear in Phoenix Municipal Court, you'll quickly learn that offenders are prosecuted aggressively. Consequently, you are well advised to contact an attorney who has experience and regularly practices in Phoenix City Court.
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
Undoubtedly, a DUI charge will result in many questions and concerns which must be addressed immediately: Some of these issues may include:
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. 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.
3. 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.
4. What are the Penalties for a DUI Conviction?
The penalties for a DUI conviction in Apache Junction 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 licenses and installation of an ignition interlock device in your vehicle.
5. Can a DUI Charge in Phoenix be Defended?
The short answer is yes. 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.
What to Expect During Representation?
1. Experience - Mr. Kimble was a police officer and detective for ten years, a DUI and Felony Prosecutor and has been practicing DUI and Criminal Defense for over twenty years.
2. Personal Attention - Mr. Kimble will be solely responsible for your case and be directly accessible to you during business hours, at night and on weekends.
3. Full Investigation of Your Case - This includes reviewing police reports, body camera video, laboratory results, witness statements and consultation with you concerning the alleged incident. Mr. Kimble will also consult with necessary experts to assist in your defense.
4. Research - Legal Issues as well as circumstances concerning the facts of your case or important witnesses will be closely examined.
5. Effective Negotiations - Often, intelligently crafted negotiations can lead to a reduction or dismissal of charges.
6. Clear Guidance - Mr. Kimble will fully evaluate your case and recommend the best course of action.
Call (480) 833-8613 for Help Now
PHOENIX CRIMINAL DEFENSE
If you've been arrested and charged with criminal offense and ordered to appear in Phoenix Municipal Court or Maricopa County Superior Court, you will quickly learn that offenders are prosecuted aggressively. Consequently, you are well advised to contact an attorney who has experience and regularly represent people who have been arrested in Phoenix.
All Criminal Charges Are Serious!
Being convicted of any misdemeanor or felony offense can a very negative affect on your future. Attorney, Raymond Kimble is a former police officer and prosecutor and has amassed over twenty years experience defending thousands of clients who have been charged with committing a crime. Mr. Kimble recognizes his clients have a constitutional right to an effective defense and takes a proactive approach to protect you. Mr. Kimble has negotiated favorable resolutions for clients, has conducted many jury trials in the city, justice and superior courts and has litigated dozens of motions aimed at having evidence suppressed or cases dismissed.
Attorney Raymond Kimble Provides Criminal Defense for all Misdemeanors and Felonies in Phoenix Including:
- Assault and Aggravated Assault
- Auto Theft
- Child Abuse
- Child Molestation
- Child Pornography
- Criminal Trespass
- Disorderly Conduct
- Domestic Violence
- Drug Possession and Sales
- Marijuana Offenses
- Probation Violations
- Sexual Offenses
- Vehicular Manslaughter
- Weapons Offenses
Arrested for a Drug Offense?
The possession of any controlled substance such as heroin, cocaine, methamphetamine, etc is considered a felony in Arizona. The crime can be much more serious if police believed you had a purpose other than merely possessing and using drugs. Law enforcement officers look for indications such as the quantity of drugs found, packaging materials, scales and a large amount of cash to determine if you may have possessed narcotic or dangerous drugs for sale or distribution. Attorney Raymond Kimble is a former police detective and felony prosecutor who has successfully represented hundreds of clients charged with possession, transportation and distribution of prescription, narcotic and dangerous drugs for sale in Phoenix and throughout Arizona.
The Laws Pertaining to Sale of Illegal Substances in Arizona:
- Possession, Transportation or Manufacturing of Dangerous Drugs for Sale: A person shall not knowingly possess for sale, transport or manufacture use a dangerous drug for subsequent sale. The most common types of dangerous drugs people in Arizona are charged with possessing include methamphetamine, ecstacy and LSD.
- Possession, Transportation or Manufacturing of Narcotic Drugs for Sale: A person shall not knowingly possess for sale, transport or manufacture use a narcotic drug for subsequent sale. The most common types of narcotic drugs people in Arizona are charged with possessing include cocaine, crack cocaine and heroin. These days, police are focusing much of their attention on individuals distributing fentanyl pills as well.
Penalties for Possession, Transportation or Distribution of Drugs for Sale:
Generally possession of illegal drugs, with the exception of drug paraphernalia is a Class 4 felony. However, if you are charged with possession, transportation or distribution of drugs for sale, the potential penalties increase dramatically. In some circumstances you may be eligible for probation. However, where there are multiple sales alleged or where the amount of drugs is greater than the “statutory threshold,” a prison sentence upon conviction is mandatory. Additionally, because methamphetamine is such as serious problem in Arizona, individuals who are convicted of selling methamphetamine are not eligible for probation and face a mandatory prison term of between 5 and 15 years. Aside from the potential of a jail or prison term, people also face huge fines, the loss of public benefits, community service and a permanent felony conviction on their record.
Defenses to Drug Charges
There are a number of defenses which can be argued to defend against a charge that you were possession, selling or transporting drugs for sale. An experienced Defense Lawyer such as Raymond Kimble can evaluate all aspects of your case and determine which defenses can be used to get the charges dismissed, negotiate the most favorable result or argued successfully at trial.
Some Common Defenses Which May Apply To Your Drug Case Are:
- Police failure to advise you of your Miranda rights prior to questioning
- Police violating your 4th Amendment rights against unlawful searches of your home, vehicle, office, etc.
- Police failure to follow proper procedures when using a court ordered wiretap of your phone
- Failure in proper analysis of the alleged drugs by a crime law.
- Challenging the reliability of confidential informants or other people providing information to the police
What Misdemeanor Offenses Do We Defend?
During the last twenty years, Attorney, Raymond Kimble has successfully defended people charged with various misdemeanor offenses in Phoenix and throughout Maricopa and Pinal Counties. Although the potential penalty for a misdemeanor conviction can involve probation, up to six months jail and fines of $2,500, an experienced attorney can help to have charges dismissed or to avoid harsh results such as probation and jail.
Some of the misdemeanor charges Mr. Kimble commonly defends people against include:
Charged with Domestic Violence?
Domestic violence involves alleged crimes committed by spouses, family members, individuals who live together, or people involved in an intimate relationship against each other. Domestic violence offenses can be classified as misdemeanor or felony crimes and can result in a permanent conviction, probation, jail or prison terms. Additionally, you may permanently lose your right to possess or own a firearm if convicted of certain domestic violence offenses. Attorney, Ray Kimble has successfully defended thousands of people throughout Arizona who were arrested or charged with Domestic Violence.
Under Arizona Law, Domestic Violence Can Include:
- Abuse of a Child or Vulnerable Adult Abuse
- Aggravated Assault
- Criminal Trespass
- Custodial Interference
- Dangerous Crimes against Children
- Disorderly Conduct
- Interfering with Judicial Proceedings
- Kidnapping or Unlawful Imprisonment
- Negligent Homicide
- Sexual Assault
- Threatening and Intimidating
Call (480) 833-8613 for Help Now
As a former police officer, prosecutor and experienced criminal defense attorney, I know the criminal justice system, how prosecutors and police officers think and how to attack a criminal charge 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 misdemeanor and felony cases. If you have been arrested or charged with a crime in Phoenix or any city in Maricopa or Pinal County, call for immediate help.
Phoenix City Court
300 West Washington Street
Phoenix, AZ 85003