Posted by: Phoenix Arizona DUI Lawyers, Criminal Attorneys
People who are arrested for DUI in Arizona oftentimes rely on misinformation or myths about the legal system. Every day, Phoenix attorney Stacey Feldman speaks with clients who are facing criminal charges and DUI. Here are her top five myths that people commonly have about how the DUI process works. Please keep in mind that every DUI case is different and if you are facing criminal charges, please contact an attorney.
Myth #1) You need to hire a DUI attorney immediately after the arrest.
Attorney Feldman says, “Many times, people panic when they have been arrested. Courts in Arizona give people time to find the right attorney. Typically there is no reason to rush out and hire a DUI attorney the day after it happened.”
Myth #2) If convicted of Misdemeanor DUI, you are looking at 6 months in jail.
Attorney Feldman says, “This myth stems from the fact that judges advise people at their first court appearance that the maximum for a DUI is six months in jail. This is just the maximum, not the standard sentence. While some DUI defendants do get 6 months because of elevated blood alcohol readings and prior convictions, most people don’t.”
Myth #3) All DUIs in Arizona are felonies.
Attorney Feldman says, “Actually, most DUIs in Arizona are misdemeanors. A misdemeanor is a lesser offense where the punishment is jail, not prison. Felony DUIs are reserved for those with multiple convictions, (a third offense within 7 years), or impaired drivers who drive with children in the car.”
Myth #4) You have to be driving to get a DUI.
Attorney Feldman says, “If you are intoxicated and asleep in the driver’s seat with the keys in the ignition and you may find out that you don’t actually have to move a vehicle to get a DUI. Instead, the State has to prove that you were in “actual physical control.”
Myth #5) Eating before drinking will always lower you blood alcohol level.
Attorney Feldman says, “Eating can delay alcohol absorption, but it doesn’t actually do anything to reduce the amount of alcohol in your system. Eating a big meal just stretches out the time it takes for your body to ingest alcohol. Eating does not somehow eliminate alcohol from your bloodstream.”
Ms. Feldman serves as managing attorney of Alcock & Associates law firm. She is available to potential clients who call the firm seeking answers to their legal questions. “I think that it is critical to be able to speak with people quickly and confidentially about their criminal case,” Ms. Feldman says. As a criminal defense lawyer, Ms. Feldman believes that honest and frank advice is the key to helping clients through the legal process. “It’s scary,” Ms. Feldman states, “Any time you face jail or prison time you face a tremendous amount of uncertainty and stress. I love being able to reassure people that may have misconceptions about what might happen to them.”
Ms. Feldman is a former criminal defense prosecutor with the Maricopa County Attorney’s office. Attorney Feldman previously handled a wide variety of criminal cases, ranging from DUIs to serious felony matters.
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