Phoenix, Arizona DUI Attorney
Welcome to the Law Offices of Mark DuBiel
Credibility and Representation You Can Trust
Any criminal arrest, from DUI to Felony Assault to Homicide, may dramatically alter your life. These charges can impact your freedom, family, and future.
You need an experienced criminal defense attorney who listens, with a proven record of fighting in court, and someone you can trust.
Mark and his team have more than 30 years of commitment to criminal
Their credibility has been proven in more than 150 jury trials
throughout the State of Arizona, emphasizing science, to provide a comprehensive defense for all of his clients.
Get the Best In Legal Representation to Protect Your Future.
Legal Representation defined by Commitment, Credibility, and Calling
About Mark DuBiel
Mark strives to provide the most comprehensive and cutting-edge representation possible. For more than 25 years, he has represented clients in thousands of cases and helped them navigate an intimidating justice system, all the while fighting for their constitutional rights.
His extensive journey to expose the City of Scottsdale Crime Lab’s errors and inconsistencies ended up in the Arizona Supreme Court, with Mark’s team successfully arguing that juries and the public, alike, should be able to hear about these problems.
This experience provided Mark with a deeper understanding of the scientific methods used in forensic labs that few of his peers possess.
As a result of his landmark journey, he has been called upon to lecture at local and national seminars for criminal defense attorneys and on local and national media outlets. Mark also authored a chapter in a book on the strategic use of a scientific DUI defense.
More About Mark Learn About Mark's Commitment to You
Jayme Lehman was born and raised in Phoenix, Arizona, and has a Bachelor of Arts degree from the University of Arizona in Spanish with a minor in sciences, along with her Juris Doctor degree from Pepperdine University School of Law.
Having worked as a courtroom clerk for years prior to attending law school, Jayme learned about many of the practical components of a criminal case, from scheduling to trial procedures to sentencing implications, that she now uses to her clients’ benefit.
Jayme’s excellent writing and research skills were honed during her time as an Executive Editor on Pepperdine University Law School’s distinguished Dispute Resolution Law Journal. Jayme successfully uses these skills to present her clients as unique individuals in a one-size-fits-all system
Do I need a DUI Attorney?
If you are facing a DUI charge in Phoenix, Scottsdale, or any other jurisdiction in Arizona, you should have a lawyer who regularly defends DUI cases. Your attorney will be able to review your case for factual and legal problems, prohibit certain evidence from being admitted at trial, expose
scientific shortcomings, and consult with and obtain expert witnesses to testify at trial.
If I am stopped by a police officer and he asks me if I have been drinking, what should I say?
You are not required to answer potentially incriminating questions like this one. A polite response such as “I would like to speak with a DUI attorney before I answer any questions” is appropriate. Remember: you have a constitutional right to remain silent, even if you have not been arrested!
What are the field sobriety tests?
The Field Sobriety Test (FSTs) are three tests certified by the National Highway Traffic Safety Administration that police administer at the scene to determine if a driver is intoxicated. There are other tests that can be performed, but they have not been certified for use in DUI investigation. The three tests are: Horizontal Gaze Nystagmus (HGN, the eye test), Walk and Turn test, and One Leg Stand test. HGN examines the eyes to check for signs of impairment. The Walk and Turn and One Leg Stand test examine a driver’s ability to divide his or her attention and complete a balancing task.
Should I take the eye test and other field sobriety tests?
Politely decline to take the field sobriety tests. Do not agree to take the eye test (Horizontal Gaze Nystagmus) or other balancing and agility tests. There are no consequences for refusing to take the tests.
What is an Extreme DUI or a Super Extreme DUI?
The Extreme DUI and Super Extreme DUI charges are based off of your alleged blood alcohol concentration. In allowing for these distinct DUI charges, the Arizona State legislature created enhanced mandatory, minimum sentencing penalties.
If convicted for an Extreme DUI (BAC .15 or greater), there is a mandatory, minimum 30-day jail sentence along with increased fines and fees. If convicted of a Super Extreme DUI (BAC .20 or greater), there is a mandatory, minimum 45-day jail sentence and even higher fines and fees. Despite the harsh penalties, these are both still categorized as misdemeanor offenses.
What if I am under 21 and charged with a DUI?
Arizona law also has increased penalties for those under 21 driving with alcohol or drugs in their system. It is illegal for minors to have any alcohol in their system and drive, and in addition to the regular DUI charges, there is a special “baby DUI” charge, A.R.S. §4-244.34. If convicted of any of these types of DUI charges, MVD can order a license suspension for up to two years, even if the person is one day away from turning 21. For a driver under age 18, his or her license will be suspended for at least two years and possibly longer, depending on the circumstances.
What is an Aggravated DUI?
The Arizona legislature created a felony DUI charge, the Aggravated DUI, to punish:
- 3 or more instances of DUI within 7 years (date of violation to date of violation)
- DUI offenders with Motor Vehicle Department restrictions such as a suspended or revoked driver’s license or a required ignition interlock device
- DUI with a passenger under 15 years of age in the vehicle
- DUI while driving the wrong way on a highway
- The possible punishment for an Aggravated DUI ranges
anywhere from supervised probation with a minimum,
mandatory 4-month prison sentence to 3.75 years in the
Department of Corrections. If a person has multiple, prior
felony convictions, the State can seek to punish them with up
to 15 years in prison. Additionally, the individual faces a
mandatory license revocation, and when eligible to reinstate
the driver’s license, the use of an ignition interlock device.
If you have been arrested for a DUI there are several things you should do as soon as possible after being released.
After the Arrest
In the case of a DUI arrest, they will also take your blood, urine, or breath test, and will send it off to a crime lab to get a more thorough analysis. These will be the formal testing results used against you in court.
It’s important to remember that in the state of Arizona, refusing a breath or blood test can cost you your driver’s license for an entire year. That loss will not be worth it, and officers will likely be able to obtain a search warrant to draw your blood. Instead, know your rights so you can make an informed decision.
Next you’ll be placed in a cell while they finalize your booking.
Eventually, you will be allowed to make phone calls for
- an attorney (if you make that request)
- a bail bonds company if you need it,
- a ride home if the police will release you from custody.
Paperwork You'll Receive
- Your Ticket
- Your Mandatory Court Date
- The address of the court
Admin Per Se/Implied Consent document - your consent to having blood, breath or urine samples taken to determine your blood alcohol level.
After Being Released From Jail
There are several things you’ll need to do after being released from jail.
Your driver's license may be suspended for up to 90 days. If this is the case, you'll need to make arrangements for reliable transportation.
You’ll be required to appear in court to handle your charges – either by pleading guilty or fighting the allegations. If you hire an attorney, he or she may be able to appear for you at court. If you’re concerned about the cost of hiring a criminal attorney, consider the potential costs of pleading guilty. Your attorney will investigate the factual and legal grounds for your case and will know how to best approach these charges.
You will not be able to drive to work, school, or even to the grocery store down the street. With the help of a good attorney, these consequences can be disputed.
What Does The Future Hold?
That is dependent on where you decide to take it.
If you plead guilty, there will be large fines, jail time, and possibly a new suspension of your driver’s license. You will likely also have to take substance abuse classes and install an ignition interlock device in your car.
If you plead not guilty and take your case to trial, you’ll have to appear in court and potentially reserve a few days for the process while the prosecutor and defense attorney provide evidence to the jury. Plea deals could also be brought to the table. You may also be able to get evidence thrown out due to a faulty investigation or improper science with the help of your attorney.