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DUI Attorney In Phoenix

Receiving a DUI charge in Arizona can be a challenging and scary experience. Understanding the type of DUI you are being charged with and the penalties that follow it are extremely important in this process. The state of Arizona is one of the strictest states against DUIs. If you have received a DUI in Arizona, it is important that you have an experienced and knowledgeable attorney on your side to help you through this process. Reach out to us to schedule a free consultation to provide you peace of mind and an understanding of what your next steps should be. 

Criminal Defense & DUI Attorney In Phoenix

What Type Of DUI Do You Have?

Driving under the influence (DUI) charges in Phoenix can feel overwhelming and confusing. Navigating the legal complexities and understanding the specific type of DUI you face is crucial for making informed decisions about your case. At Benikov Law Firm, we're here to guide you through every step.

Types of DUIs in Phoenix:

  1. Standard DUI: This is the most common type, charged when your blood alcohol content (BAC) is 0.08% or higher. Penalties range from fines and license suspension to mandatory jail time.
  2. Extreme DUI: If your BAC falls between 0.15% and 0.19%, you face Extreme DUI charges. This carries harsher penalties like longer jail sentences, higher fines, and stricter driver license restrictions.
  3. Super Extreme DUI: With a BAC exceeding 0.20%, you're looking at Super Extreme DUI, the most severe DUI offense in Arizona. Penalties escalate significantly, including potential prison time and lengthy license revocation.
  4. Aggravated DUI: This falls under felony charges and encompasses various situations beyond high BAC levels. Examples include driving under the influence with a suspended license, having a child under 15 in the car, or refusing a breathalyzer test.

Identifying Your DUI:

To understand your specific situation, consider:

  • Blood Alcohol Content (BAC): Police reports or blood/breath test results will reveal your BAC level.
  • Circumstances of the Stop: Were there aggravating factors like an accident or children present?
  • Prior Offenses: Any past DUI convictions significantly impact the charge severity.

Seeking Legal Guidance:

No matter the type of DUI you face, navigating the legal system is complex. Consulting with an experienced DUI attorney at the Benikov Law Firm is crucial to:

  • Understand your charges and potential consequences.
  • Explore defense options tailored to your case.
  • Protect your rights and fight for the best possible outcome.

Don't navigate this challenging time alone. Contact us today for a free consultation and let us help you move forward with confidence.

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Mr. Benikov was very professional and extremely helpful. He made sure to walk me through the whole process and was always responsive whenever I had any questions. I recommend him to anyone with a legal issue.
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Can a DUI Lawyer Help Reduce Your Charges in Phoenix, Arizona?

Facing a DUI charge in Phoenix feels like facing a mountain - daunting, intimidating, and seemingly impossible to overcome. You may wonder, "Can a DUI lawyer really help me climb this mountain and reach a better outcome?" The answer is a resounding yes. An experienced DUI lawyer from the Benikov Law Firm can be your guide, providing crucial support and advocating for the best possible resolution to your case.

How a DUI Lawyer Can Help:

  • Challenge the Evidence: Police procedures, breathalyzer accuracy, and field sobriety test validity can be contested, potentially leading to dismissed charges or reduced severity.
  • Negotiate Plea Bargains: Your lawyer can negotiate with the prosecutor for lesser charges, reduced fines, or shorter sentences, minimizing the impact on your life.
  • Pre-Trial Motions: Filing motions to suppress evidence or dismiss the case based on procedural errors can weaken the prosecution's case and increase your chances of success.
  • Trial Representation: If your case goes to trial, your lawyer will aggressively present your defense, cross-examine witnesses, and fight for a not-guilty verdict.

Beyond Charge Reduction:

A DUI lawyer's value extends beyond simply reducing charges. They can:

  • Guide you through the legal process: They navigate the complex legal system, ensuring you meet deadlines, understand your rights, and make informed decisions.
  • Minimize Collateral Consequences: They help mitigate the impact of a DUI on your driver's license, insurance rates, and future employment opportunities.
  • Provide Emotional Support: Facing a DUI is stressful. Your lawyer offers understanding, reassurance, and clear communication throughout the process.

Investing in Your Future:

Hiring a DUI lawyer may seem like an added expense, but it's an investment in your future. The potential benefits can significantly outweigh the cost:

  • Reduced fines and penalties: Saving money on fines, court fees, and potential jail time.
  • Shorter license suspension: Minimizing the disruption to your career, education, and personal life.
  • Protected career and reputation: Avoiding professional consequences and the stigma associated with a DUI conviction.

Don't Go It Alone:

A DUI charge is a serious matter, and navigating it alone can be overwhelming and detrimental to your case. The Benikov Law Firm's experienced DUI attorney is here to stand by your side, empowering you to face the challenge with confidence and maximize your chances of a successful outcome.

Don't hesitate to schedule a free consultation to discuss your situation and explore how we can help you climb the mountain of your DUI charge.

Common Misconceptions About DUIs in Phoenix, Arizona

Facing a DUI charge can be confusing and stressful, especially when misinformation abounds. Let's clear the air and debunk some common misconceptions about DUIs in Phoenix, Arizona:

Myth #1: I'm fine to drive if I'm below the legal limit.

Fact: While the legal BAC limit in Arizona is 0.08%, even small amounts of alcohol can impair your driving ability. You can still be charged with DUI under Arizona's "per se" laws, which means that any measurable amount of alcohol in your system can constitute an offense.

Myth #2: Coffee, food, or exercise will sober me up quickly.

Fact: Unfortunately, there's no magic shortcut to sobriety. Coffee, food, or exercise won't metabolize alcohol faster. Your body processes alcohol at a steady rate, so the only way to truly sober up is time.

Myth #3: I can refuse a breathalyzer test with no consequences.

Fact: While you have the right to refuse a breathalyzer, a refusal has its own set of consequences. In Arizona, refusing a breathalyzer test automatically leads to a driver's license suspension, regardless of your guilt or innocence.

Myth #4: I can trick the breathalyzer by using breath spray or pennies.

Fact: These "tricks" don't work. Breathalyzers are designed to detect alcohol, and attempting to fool them only makes your situation worse. You may face additional charges for interfering with a chemical test.

Myth #5: A DUI isn't that serious, and I'll just get a slap on the wrist.

Fact: DUIs are serious offenses with significant consequences. Depending on the severity of the charge, you could face:

  • Fines ranging from hundreds to thousands of dollars.
  • Jail time from a few days to several years.
  • Driver's license suspension for months or even years.
  • Increased insurance rates.
  • Difficulty finding employment.

Myth #6: I don't need a lawyer if I think I'm guilty.

Fact: Even if you believe you're guilty, an experienced DUI lawyer can still help. They can explore potential defenses, negotiate plea bargains, and ensure you understand your rights throughout the process.

Don't let these misconceptions mislead you. Remember, a DUI charge is a serious matter with potentially life-altering consequences. If you find yourself facing a DUI in Phoenix, seek legal counsel from a qualified DUI attorney who can help you navigate the legal system and protect your rights.

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Understanding Driver's License Suspension During a DUI

One of the most pressing concerns many individuals face is the potential for driver's license suspension. Understanding the complexities of this process and exploring your options can provide much-needed clarity and empower you to navigate this challenging situation.

Types of Driver's License Suspensions in DUI Cases:

In Arizona, you may face two types of driver's license suspensions after a DUI arrest:

1. Administrative Per Se Suspension:

  • This automatic suspension kicks in if your blood alcohol content (BAC) is 0.08% or higher, regardless of a conviction.
  • You have 15 days to request a hearing with the Arizona Department of Transportation's Motor Vehicle Division (MVD) to contest the suspension.
  • If you win the hearing or are not convicted of DUI, the suspension is lifted.
  • If you lose the hearing or are convicted of DUI, the suspension will remain in effect for a minimum of 90 days.

2. Criminal Conviction Suspension:

  • This separate suspension occurs after a DUI conviction in court.
  • The length of the suspension depends on the severity of the offense and your prior DUI history.
  • First-offense DUI convictions typically result in a one-year suspension.
  • Subsequent offenses generally carry longer suspension periods and potential revocation of your license.

Important Considerations:

  • Restricted Driving Permits: During a suspension, you may be eligible for a restricted driving permit that allows you to drive for limited purposes, such as work or medical appointments.
  • Interlock Ignition Devices: In certain cases, you may be required to install an interlock ignition device in your vehicle after the suspension period ends. This device will prevent you from starting the car if your BAC is above the legal limit.
  • Seeking Legal Counsel: An experienced DUI attorney can advise you on your rights, guide you through the hearing process, and help you develop the best strategy to minimize the impact of the suspension on your life.

Taking Proactive Steps:

While facing a DUI suspension can be daunting, proactive steps can ease the burden:

  • Contact the MVD: Familiarize yourself with the hearing process and deadlines set by the MVD.
  • Gather Evidence: Compile any evidence that supports your case, such as witness statements or medical records.
  • Seek Legal Advice: Consult with a qualified DUI attorney who can advocate for your rights and represent you at the hearing.

Navigating the complexities of a DUI license suspension can feel overwhelming. However, by understanding the process, exploring your options, and seeking legal counsel when necessary, you can make informed decisions and minimize the impact on your life. Remember, staying informed and taking proactive steps can empower you to navigate this challenging situation with confidence and clarity.

Contact Us For A Case Evaluation

If you or a loved one have been charged with a DUI then we understand that this is a very stressful time in your life. The most important step you can take right now is consulting with an experienced attorney that has extensive knowledge of the criminal justice system and how to handle DUIs. If you choose to work with our firm, you will always have direct access to your attorney and will be working with one of the most knowledgeable criminal attorneys in Arizona.

Our firm serves the areas of Phoenix, Mesa, Scottsdale, Glendale, Tempe, Chandler and other areas around Arizona. If you or a loved one have been charged with a DUI in Arizona, please contact us today to schedule your free consultation.

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Attorney Alexander Benikov

Focus

Mr. Benikov only practices in the areas of criminal defense and DUI defense. This means that all his knowledge is focused on one area of law. Hire an attorney that only practices the type of law that will help your case.

Reputation

Mr. Benikov is known for his excellent reputation in the areas of criminal defense and DUI defense. A lawyer is only as good as his reputation. When you hire Mr. Benikov, he will put his reputation to work for you. No matter if Mr. Benikov is dealing with prosecutors, other attorneys, or Judges, they all know his word is his bond.

Knowledge of Current Law

Mr. Benikov is at the forefront of ever-changing laws and works closely with his clients. Every year there are significant changes to Arizona law and Mr. Benikov works hard to stay on top of all the changes. Mr. Benikov prides himself on attending the best seminars to give his clients the maximum advantage. Mr. Benikov is at the forefront of ever-changing laws and works closely with his clients. Every year there are significant changes to Arizona law and Mr. Benikov works hard to stay on top of all the changes. Mr. Benikov prides himself on attending the best seminars to give his clients the maximum advantage.

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DUI

FAQs
What should I do if I get pulled over for DUI in Phoenix?
  • Stay calm and cooperative.
  • Do not admit to drinking or driving under the influence.
  • Politely decline field sobriety tests.
  • Ask to speak to an attorney.
What are the penalties for a DUI in Arizona?
  • First offense DUI: Up to 10 days in jail, a $2,500 fine, driver's license suspension for one year, and mandatory DUI classes.
  • Second offense DUI: Up to 90 days in jail, a $5,000 fine, driver's license suspension for two years, and mandatory DUI classes.
  • Third offense DUI: Up to one year in jail, a $7,500 fine, driver's license suspension for three years, and mandatory DUI classes.
What is the difference between a DUI and a DWI?
  • DUI (driving under the influence) is used in Arizona.
  • DWI (driving while intoxicated) is used in other states.
Why should I hire a DUI attorney?
  • A DUI attorney can help you protect your rights and minimize the consequences of a DUI arrest.
  • An attorney can challenge the evidence against you, negotiate with the prosecutor, and represent you in court.
How much does a DUI attorney cost in Phoenix?
  • The cost of a DUI attorney can vary depending on the experience of the attorney, the complexity of your case, and the fees charged by the firm.
How do I find a good DUI attorney in Phoenix?
  • Ask for recommendations from friends or family.
  • Read online reviews.
  • Schedule consultations with DUI attorneys (including us) to find the best fit for you.
What happens after I get arrested for DUI?
  • You will be booked into jail and released on bond.
  • You will have an arraignment hearing, where you will enter a plea of guilty, not guilty, or no contest.
  • If you plead not guilty, you will have a trial.
What can I do to improve my chances of getting a favorable outcome in my DUI case?
  • Hire a qualified DUI attorney.
  • Gather evidence that supports your case.
  • Be cooperative with the court.
What are some common defenses to a DUI charge?
  • The stop was illegal.
  • The field sobriety tests were not administered properly.
  • The breathalyzer or blood test results are inaccurate.
What if I can't afford an attorney?
  • Legal aid resources exist in Phoenix. Contact public defender organizations to find out who your assigned public defender is.
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Mr. Benikov has always been exceptional at making himself available to answer any questions I’ve ever had with legal issues and never turns me away with even the smallest matters and I respect his genuine care for his clients!

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Mr. Benikov helped me with a very complicated and dangerous case involving my daughter.   He was able to get the case dismissed, for which I'm eternally grateful.



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Alex Benikov and his law firm are definitely my first call. He’s knowledgeable, responsive and is a good lawyer to have in your corner




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The information you obtain at this site is not, nor is it intended to be, legal advice. Benikov Law Firm's legal team is licensed to practice law in Arizona. We invite you to contact us, but please be aware that contacting us does not establish an attorney-client relationship. Please do not send any confidential information to us until an attorney-client relationship has been established.

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