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Getting a DUI in Paradise Valley is nothing to be taken lightly. DUI convictions come with serious penalties that can have long-lasting effects on a person’s job, family life, wallet, and reputation. This is more so true if a person is facing DUI charges with prior DUI conviction(s). Depending on several factors, prior DUI convictions can drastically increase penalties upon a conviction of a charged DUI and can even mean the difference between a misdemeanor and felony DUI. However, all DUI laws are not created equal, and this fact is critical when it comes to out of state prior DUI convictions.
DUI laws are created on the state level rather than the federal level. This means that each state is responsible for drafting their own DUI laws. This unavoidably results in states having DUI laws that are diverse from one another. For instance, in Utah, the “legal limit” is a blood alcohol level of 0.05%, whereas, in Arizona, it is 0.08%. This is just one example. Another example is that often there are small details in one state’s laws, such as the definition of specific words that are different than the definition of words in Arizona’s laws. The details can get meticulous and having someone experienced in your corner while navigating through this is analysis is essential.
So now you know that most state’s DUI laws are different. Why does it matter? If you get a DUI in Paradise Valley, the government is not supposed to be able to use an out of state prior DUI conviction against you for purposes of enhancing your sentence. If, by violating that foreign state’s law, you would not be violating Arizona’s DUI law.
One of the many complications of dealing with out of state prior DUI convictions is that the government will oftentimes try to use a prior DUI conviction against you that they are not legally permitted to use against you. The burden is on the defense team to prove to the court that the prosecutor should not be able to use a prior out of state DUI conviction against an individual. This analysis is complex and detailed and is best handled by a DUI team like the Rosenstein Law Group who have years of experience in dealing with prior out of state DUI convictions.
As mentioned before, repeat DUI convictions can carry severe penalties. Second time DUI offenses generally lead to penalties including:
Third-time convictions for a DUI within 7 years expose an individual to felony charges, which come with very severe punishments, more substantial fines and fees, longer terms of probation, license revocation, and even prison time. (See informational content relating to felony DUIs in Paradise Valley on this website for more information). Furthermore, a felony conviction in Arizona could stain your record for the rest of your life.
It’s simple. Prior DUI convictions increase penalties, in some cases, drastically so. Whether or not a prosecutor can use a prior out of state DUI conviction against you is a question of law. It is up to the defense to do the analysis and prove to the judge why the prosecution is wrong, and a given out of state prior out of state DUI conviction should not be used against an individual.
Rosenstein Law Group handles every detail of your case. Every one of our clients’ cases is unique requires care and diligence to achieve the best possible outcome. Our legal team is thorough, and our Paradise Valley DUI lawyers do in-depth reviews of the case against you to identify the areas of weakness that can be exploited for your defense. Do not hesitate; if you are charged with a DUI in Paradise Valley and have an out of state prior DUI conviction, call (480) 248-7666 to set up a free initial consultation.