DUI Attorney Tucson AZ

One of the most common criminal offenses the Law Office of Natasha Wrae handles is the DUI. More often than not, the people that call Natasha have never been in trouble before. They are panic-stricken and believe their lives are over. Natasha prides herself in taking the stress and worry out of your head so you can keep on with life while she competently, aggressively and personally sees your case through to the end. She has handled hundreds of DUIs over the 15 years she has been practicing criminal defense. Her graduated fee schedule lets you make educated decisions about whether to continue to invest in your case or cut your loses. Her years of evaluating and litigating DUI cases allow you to invest wisely and rest assured that you are not being taken advantage of. She meets with every client personally and determines each clients’ goals and needs. Your goals become her goals and she will move mountains to attain them.

DUI Attoney Tucson AZ

TYPES OF DUIs

There are several types of DUIs. Most are misdemeanors. Typical misdemeanor DUIs and the applicable sentence are as follows:
“Simple” DUI (A.R.S. 28-1381 (A) (1)

To be guilty of a “Simple” DUI the State has to prove beyond a reasonable doubt that a person was driving or in actual physical control of a vehicle in AZ while under the influence of a drug or alcohol such that the person was impaired to the slightest degree.

The penalties include:

  • 10 consecutive day of jail (9 days of jail can be suspended and work/school release may be possible)
  • A fine of not less than $250
  • $500 to the prison construction and operations fund
  • $500 to the public safety equipment fund
  • Ignition Interlock Device installed in your car for up to 12 months or longer
  • Suspension of your driver’s license for at least 90 days (the first 30 days is a full suspension–NO driving; the last 60 days you may be eligible for a restricted license)
  • the Judge may order you to do community service
  • attend a MADD Victim Impact Panel
  • have an Alcohol Evaluation done and complete the treatment recommended by the Evaluating Agency which is usually 16 hours or 36 hours
  • restitution to any victims if applicable
  • Unsupervised probation for 12-24 months
  • jail costs, court assessments and surcharges may also be applied
  • 8 points assessed on your driver’s license by MVD (this could result in a points suspension which can be completed by doing the class as indicated on the notice of suspension)
DUI Over the Legal Limit of .08 (A.R.S. 28-1381 (A)(2)

To be guilty of having a DUI Over the Legal Limit the State has to prove beyond a reasonable doubt that a person was driving or in actual physical control of a vehicle in AZ and that the person has an alcohol concentration of .08 or more within two hours of driving or being in actual physical control of the vehicle. [The penalties for DUI Over the Legal Limit are essentially the same as for a “Simple” DUI.]

Extreme DUI (A.R.S. 28-1382 (A)(1))

To be guilty of having an Extreme DUI the State has to prove beyond a reasonable doubt that a person was driving or in actual physical control of a vehicle in AZ and that the person has an alcohol concentration of 0.15 or more but less than 0.20 within two hours of driving or being in actual physical control of the vehicle.

The penalties include:

  • 30 consecutive days of jail (all but 9 days of jail can be suspended if you equip your car with an
  • Ignition Interlock Device for 12 months) (work/school release may be possible)
  • a fine of not less than $250
  • an additional assessment of $250
  • $1,000 to the prison construction and operation fund
  • $1,000 to the public safety equipment fund
  • Ignition Interlock Device installed in your car for up to 12 months or longer as required by MVD
  • Suspension of your driver’s license for at least 90 days (the first 30 days is a full suspension–NO driving; the last 60 days you may be eligible for a restricted license)
  • the Judge may order you to do community service
  • attend a MADD Victim Impact Panel
  • have an Alcohol Evaluation done and complete the treatment recommended by the Evaluating Agency which is usually 36 hours
  • restitution to any victims if applicable
  • Probation for 12-24 months
  • jail cost, court assessments and surcharges may also be applied
  • 8 points assessed on your driver’s license by MVD (this could result in a points suspension which can be completed by doing the class as indicated on the notice of suspension)
“Super” Extreme DUI (A.R.S. 28-1382 (A)(2))

To be guilty of having a “Super” Extreme DUI the State has to prove beyond a reasonable doubt that a person was driving or in actual physical control of a vehicle in AZ and that the person has an alcohol concentration of 0.20 or more within two hours of driving or being in actual physical control of the vehicle.

The penalties include:

  • 45 consecutive days of jail (all but 14 days of jail can be suspended if you equip your car with an
  • Ignition Interlock Device for 12 months) (work/school release may be possible)
  • a fine of not less than $500
  • an additional assessment of $250
  • $1,000 to the prison construction and operations fund
  • $1,000 to the public safety equipment fund
  • Ignition Interlock Device installed in your car for up to 12 months or longer as required by MVD
  • Suspension of your driver’s license for at least 90 days (the first 30 days is a full suspension–NO driving; the last 60 days you may be eligible for a restricted license)
  • the Judge may order you to do community service
  • attend a MADD Victim Impact Panel
  • have an Alcohol Evaluation done and complete the treatment recommended by the Evaluating Agency which is usually 36 hours
  • restitution to any victims if applicable
  • Probation for 12-24 months
  • jail costs, court assessments and surcharges may also be applied
  • 8 points assessed on your driver’s license by MVD (this could result in a points suspension which can be completed by doing the class as indicated on the notice of suspension)
Felony DUIs (A.R.S. 28-1383)

A felony or “Aggravated” DUI is charged when certain circumstances are also present during the commission of a misdemeanor DUI. Aggravated DUI can be charged when you commit a misdemeanor DUI and your driver’s license is suspended, canceled, revoked, refused or while there is a restriction on your license as a result of an earlier DUI (this is a class 4 felony offense). If you commit a third or subsequent DUI within a period of 84 months you can be charged with a felony DUI (this is a class 4 felony offense). You are DUI and there is a person under 15 years old in the vehicle with you, a class 6 felony, Aggravated DUI and possibly felony, Endangerment charges for each child will be brought against you. Lastly, you can be charged with a felony DUI if you commit a misdemeanor DUI and you have been ordered to have an Ignition Interlock Device in your car.

The following are the likely penalties for Aggravated DUI:

  • at least 4 months or prison
  • a fine of not less than $750
  • an additional assessment of $250
  • $1,500 to the prison construction and operations fund
  • $1,500 to the public safety equipment fund
  • Ignition Interlock Device installed in your car for up to 12 months or longer as required by MVD
  • Revocation of your license for at least a year
  • the Judge may order you to do community service
  • attend a MADD Victim Impact Panel
  • have an Alcohol Evaluation done and complete the treatment recommended by the Evaluating Agency which is usually 36 hours
  • restitution to any victims if applicable
  • Probation for up to 10 years (typically this is on the Agg DUI caseload and is heavily supervised)
  • jail costs, court assessments and surcharges may also be applied
  • forfeiture of the vehicle you were driving
“Baby” DUI or Minor in Possession While Driving (A.R.S. 4-244(34))

A “Baby” DUI can be charged against anyone under 21 years old who is driving and has any spirituous liquor in their body. Mere verbal acknowledgment that he or she had been drinking alcohol is enough to convict. The main difference between the “Baby” DUI and the adult misdemeanor DUIs listed above is the effect on the minor’s driver’s license. Aside from all of the other penalties listed, a minor under 18 years of age who is convicted of any DUI will have their license immediately suspended for 2 years upon notice of the conviction. A person who is 18, 19 or 20 years old and who is convicted of the “Baby” DUI will have their license suspended for 2 years (the court can order that the minor have a restricted license to allow the minor to drive between home, school and place of employment provided an Ignition Interlock Device is placed on the car).

Actual Physical Control

The law recognizes that a person can use their car as a temporary shelter to “sleep off” the effects of alcohol or drugs they have consumed. Obviously, society would rather you sleep it off than risk your life and other people’s lives by trying to make it home. Unfortunately, a police officer investigating a suspicious vehicle on the side of the road or anywhere else will not give you the benefit of the doubt and will still charge you with some type of DUI. The officers will normally assume the court system can figure it out. Since the officer did not see you actually driving but, he or she believes that you were in actual physical control of the vehicle with alcohol or drugs in your system, they will arrest you. This type of DUI normally has to go all the way through the jury trial process before it will be resolved. Some factors the jury is advised they may consider are as follows:

whether the vehicle was running;
whether the ignition was on;
where the ignition key was located;
where and in what position the driver was found in the vehicle;
whether the person was awake or asleep;
whether the vehicle’s headlights were on;
where the vehicle was stopped;
whether the driver had voluntarily pulled off the road;
time of day;
weather conditions;
whether the heater or air conditioner was on;
whether the windows were up or down;
any explanation of the circumstances shown by the evidence.

*The information contained here is abbreviated and is not to be construed as a comprehensive breakdown of the DUI laws. This page is merely a guide to the types of offenses in AZ and possible punishment. The Law Office of Natasha Wrae makes no promises express or implied that any particular DUI will have the same results as outlined here. Other factors that may affect the outcome of a case include prior DUIs, the age of the driver, whether or not there was an accident, etc. For a full evaluation of your case and the factors that may affect it, contact the Law Office of Natasha Wrae at 520-624-4224 to schedule an appointment to discuss your case with Natasha.

Natasha has won her last three DUI jury trials dealing with actual physical control. Her last DUI trial on May 9th she strategically reduced evidence to avoid confusing the jury. Completing the trial in just a few hours, the jury returned a not guilty verdict in 10 minutes beating Natasha’s previous Not Guilty verdict of 20 minutes on a child abuse case.

If you have been charged with a DUI Tucson AZ and you were asleep in your car or not driving when the officer made contact with you, Natasha is the attorney you want defending your charges. She has an uncanny ability to connect with the jury and have them appreciate that you were trying to be safe by using your car as a temporary shelter to sleep off the drinks you had consumed. These types of cases are among Natasha’s favorites. Her track record of success proves it.