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Tucson DUI Attorney

How an attorney helps with DUI charges

When you are pulled over for driving under the influence (DUI) in Arizona, you may face multiple charges. The way Arizona drunk driving is charged can be confusing unless you have an experienced Tucson DUI and DWI attorney to explain the law, protect your rights, and devise an appropriate defense strategy. For 35 years, Jesse Smith has dealt with criminal law, helping thousands of people and handling a large number of DUI cases.

Possible charges you face for DUI/DWI

In Arizona, you may be charged with the following:

  • DUI. Driving under the influence of intoxicating liquor or drugs
  • DWI. Driving with a blood alcohol content (BAC) of 0.08 or greater, tested within two hours of driving
  • Extreme DWI. Driving with a BAC of 0.15 or greater, tested within two hours of driving
  • Extreme DWI (second offense). Driving with a BAC of 0.20 or greater, tested within two hours of driving

Penalties increase proportionately to the severity of charges. First offenses for DUI/DWI start out with mandatory 10 days in jail and maximum of six months. An extreme DWI with prior offenses carries 120 days of mandatory jail time (consecutive days) and a maximum of six months, along with 12 to 24 months of supervised probation, possible community service, and ignition interlock device on your car.

Other aggravating factors that result in more severe charges and penalties are driving without a valid driver’s license, two prior DUI convictions, and driving with a child under 15 in the vehicle—all of which result in felony charges.

Effective defense through DUI lawyers in Tucson

When reviewing your DUI or DWI case, Jesse Smith can devise the appropriate strategy based on the circumstances surrounding your DUI. Many possible defense tactics exist, some of which may include challenging—

  • Probable cause for the stop
  • Probable cause for the arrest
  • Lack of Miranda rights
  • Chemical test administration
  • Calibration of the Breathalyzer
  • Maintenance of the Breathalyzer
  • Qualifications of the tester
  • Sobriety tests validity
  • Validity of the blood test


Each case is different, and Mr. Smith determines the best approach based on years of experience dealing with prosecutors and local judges. As a criminal law attorney in Tucson, he seeks dismissals and acquittals whenever possible, but also can negotiate pleas if it is in your best interest or argue for lighter sentencing.

Discuss your case with Tucson DUI lawyers. Contact Jesse Smith by calling (520) 623-8343, toll free at (866) 675-8180 or fill out our online contact form.

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Our Office
  • Tucson Office
    100 N. Stone Avenue
    Suite 801
    Tucson, Arizona 85701
    Phone: 520-623-8343
    Fax: 520-792-2139