Criminal Defense
Arizona’s criminal laws are among the strictest in the United States. Our prisons are overloaded and more and more people are going to prison or jail every single day. It’s like a production line. Problem is, sometimes, the person charged is not guilty of the crime charged, or is innocent of ANY wrongdoing.
There is also a perception problem. The process of criminal justice in this state is a long, confusing and arduous road. There is also a stigma that attaches here simply because you have been charged with a crime; it’s unfair and its humiliating. Remember, the State has to prove your guilt beyond a reasonable doubt, and that does not happen until trial. There are many, many steps and procedures before that trial date arrives.
It is our job at Mostafavi, Marco & Wimmer to ensure you are treated with respect, and fairly in your search for justice. The criminal justice system is confusing and the fear of being charged can be overwhelming. We are compassionate and very aggressive in our representation. We strive to educate you on every aspect of your criminal case, so you can understand your rights and potential consequences.
The crime in which you are charged is very important. Arizona has mandatory sentencing laws, which we must follow, however, the charge must be proper. We make sure that the prosecution does not over charge in the hope of obtaining a plea bargain. Furthermore, if a plea bargain is appropriate, we tirelessly fight to ensure you get the best deal possible. We always strive for dismissal and/or no jail time. For example, in 1st time drug possession offender cases, though typically charged as felonies requiring jail time, we strive to divert the client into a rehabilitation program to defer time spent in the department of corrections.
It is imperative that, if possible, you call us prior to being charged. Do not make any statements. Sometimes we can prevent charges being filed, by working with the police and prosecution. Our experience and aggressive legal strategy means that you get the best defense possible.
DUI Defense
A DUI charge may result in suspension or revocation of your driver’s license, jail time, significant fines and/or a chemical dependency evaluation. A simple first time DUI offense is a misdemeanor, involving a blood alcohol level of .08 or more. Furthermore, Arizona DUI laws allow the police to charge a DUI if you are “impaired to the slightest degree”.
Depending on the charge you could lose your license anywhere from 90 days to 3 years. Furthermore, there are mandatory sentencing guidelines, which are listed below:
- First Time DUI/DWI: Ten consecutive days in jail, a fine, a 90-day license suspension, chemical dependency assessment, counseling if recommended, and possible probation
- Second Time DUI/DWI: 90 consecutive days in jail, a fine, revocation of your license for one year, counseling if recommended, installation of ignition interlock device, and possible probation
- First Time Extreme DUI: 30 consecutive days in jail, a fine, revocation of your license for 90 days, counseling if recommended, installation of ignition interlock device, and possible probation
- Second Time Extreme DUI: 120 days in jail (60 days being consecutive), a fine, one-year license revocation, counseling if recommended, installation of ignition interlock device, and possible probation
- Felony DUI/DWI: At minimum four months in prison before eligible for probation or parole, fines, license revocation for three years, up to five years probation, possible substance abuse treatment, and possible vehicle forfeiture
At Mostafavi, Marco & Wimmer we are familiar with all aspects of DUI. We analyze the lab and technological methods used to assess your BAC, and also will ensure police procedure was proper (i.e. reasonable suspicion for stop and probable cause for arrest), in order to provide legal defenses to your DUI.
For a more in-depth analysis of your charge and sentencing contact us today for a free consultation. We will diligently analyze your case and provide you the best DUI defense possible. Contact us today at (480) 540-3815 or info@mmwazlaw.com
DUI Chart
| CHARGE | JAIL OR PRISON TERM | FINES AND COSTS | DRIVER LICENSE IMPLICATIONS | IGNITION INTERLOCKREQUIRED |
| FIRST DUI (NON EXTREME)“Impaired to the slightest Degree or BAC above .080 | Jail range from 10 to 180 days. Minimum of 10 consecutive days in jail. The court may suspend 9 out of 10 days if defendant agrees to an alcohol and/or drug evaluation AND treatment. | Approximately $1,800 in fines, costs, plus jail costs. | MVD suspension of 90 days. Work/School eligibility after 30 days of suspension.
-Possible probation for 5 years. -Possible community service. -Possible court order to attend one or more sessions of Mother’s Against Drunk Driving Victim’s Impact Panel |
YES (for 12 months) |
| SECOND DUI (NON EXTREME)“Impaired to the slightest Degree or BAC above .080 | Jail range from 90 to 180 days. Minimum of 90 consecutive days in jail. The court may suspend 60 of the 90 days in jail if defendant completes all treatment and counseling. | Approximately $3,500 in fines, costs, plus jail costs. | License revocation for 1 year. Reinstatement not automatic. Not eligible for Work/School permit during revocation.
-Mandatory substance abuse evaluation. -Possible probation for 5 years. -Mandatory 30 hours of community service. -Possible court order to attend one or more sessions of Mother’s Against Drunk Driving Victim’s Impact Panel |
YES (for 12 months after license reinstatement) |
| FIRST EXTREME DUI (BAC .150-.199) | Jail range from 30 to 180 days. Minimum of 30 consecutive days in jail. The court may suspend 20 of the 30 days if defendant completes counseling and education. | Approximately $3,000 in fines and costs, plus jail costs. | MVD suspension of 90 days. Work/School eligibility after 30 days of suspension.
-Mandatory substance abuse evaluation. -Possible probation of 5 years. -Possible court order to attend one or more sessions of Mother’s Against Drunk Driving Victim’s Impact Panel |
YES (for 12 months after license reinstatement) |
| SECOND EXTREME DUI(BAC .150-.199) | Jail range from 120-180 days. Minimum of 120 consecutive days in jail. The court may suspend 60 of the 120 days if defendant agrees to alcohol and/or drug evaluation, and treatment. | Approximately $3,750 in fines, costs, plus jail costs. | License revocation for 1 year. Reinstatement not automatic. Not eligible for Work/School permit during revocation.
-Mandatory substance abuse evaluation. -Possible probation for 5 years. -Mandatory 30 hours of community service. -Possible court order to attend one or more sessions of Mother’s Against Drunk Driving Victim’s Impact Panel. |
YES (for 12 months after license reinstatement) |
| FIRST SUPER EXTREME DUI (BAC .200 OR HIGHER) | Jail range 45 to 180 days. Minimum of 45 consecutive days in jail. Court not allowed to suspend ANY of the 45 days in jail. | Approximately $3,250 in fines, costs, plus jail costs. | MVD suspension of 90 days. Work/School eligibility after 30 days of suspension.
-Mandatory substance abuse evaluation. -Possible probation for 5 years. -Possible community service. -Possible court order to attend one or more sessions of Mother’s Against Drunk Driving Victim’s Impact Panel. |
YES (for 18 months after reinstatement) |
| SECOND SUPER EXTREME DUI (BAC .200 OR HIGHER) | 180 days mandatory sentence in jail. 90 days must be consecutive, other 90 non-consecutive. | Approximately $4,000 in fines, costs, plus jail costs (could be as much as additional $18,000). $22,000 total! | Revocation for 1 year. Reinstatement not automatic. No Work/School eligibility during revocation.
-Mandatory substance abuse evaluation. -Possible probation for 5 years. -Mandatory 30 hours community service. -Possible court order to attend one or more session of Mother’s Against Drunk Driving Victim Impact Panel. |
YES (for 24 months after reinstatement) |
| CLASS 4 FELONY AGGRAVATED DUI (3RD DUI w/in 7 years or DUI on suspended/restricted license) | Minimum of 4 months in PRISON before eligibility for probation, pardon, communication or suspension of sentence. | Up to $15,000 in fines, plus a surcharge, plus $250 assessment to Arizona DUI abatement fund, plus $1,500 assessment. | Revocation for 3 years.
-Mandatory substance abuse evaluation. -Possible probation for 5 years. |
YES |
| CLASS 6 FELONY AGGRAVATED DUI (w/ a child under 15 years old in vehicle) | Must serve at least minimum sentences for the misdemeanor DUIs (above). | Up to $150,000 in fines, plus a surcharge, plus $250 assessment to Arizona DUI abatement fund, plus $1,500 assessment. | Revocation for 3 years.
-Mandatory substance abuse evaluation -Possible probation for 5 years. |
YES |
