BUI Attorney in Phoenix

Classifications and Degrees of the BUI Offense

In Arizona, a BUI is a serious criminal offense. While a first offense is typically a Class 1 misdemeanor, the penalties and potential for jail time increase significantly based on the number of prior convictions and the presence of aggravating factors.

• First Offense (Class 1 Misdemeanor): A first BUI conviction is a Class 1 misdemeanor. The penalties can include a jail term of at least 10 consecutive days (though the judge may suspend this with conditions), a fine of at least $250, and an additional $500 assessment.
• Second Offense within 7 years (Class 1 Misdemeanor): A second BUI conviction within seven years is a Class 1 misdemeanor. The penalties are significantly increased, including a mandatory jail term of at least 90 days (with a possibility of home detention) and a fine of at least $500, with an additional $1,250 assessment.
• Third or Subsequent Offense within 7 years (Felony): A third or subsequent BUI conviction within seven years is a felony. The penalties are severe, including a prison sentence of up to 2.5 years and a fine of at least $4,000.
• Aggravated BUI (Felony): If a BUI causes serious bodily injury or death to another person, the charge is automatically a felony, regardless of prior convictions.

A knowledgeable Phoenix BUI lawyer will work to prevent any enhancement of your charges and will fight for a resolution that minimizes the impact on your life.

Collateral Consequences

A criminal record for a BUI can make it incredibly difficult to find employment, obtain professional licenses, or secure housing. Many employers and professional licensing boards have zero-tolerance policies for these convictions, and landlords often deny rental applications to those with a criminal record.

Additionally, a felony conviction will result in a permanent ban on owning or possessing a firearm. For non-citizens, a conviction can have severe immigration consequences, including deportation. The social stigma attached to these crimes can also damage your reputation and personal relationships.

What to Expect If You Are Facing Boating Under the Influence Charges

The process of a BUI charge in Phoenix generally unfolds as follows:

• Initial stop & investigation: Officers such as those with Arizona Game and Fish or Maricopa County Sheriff may stop your boat and assess potential impairment using adapted field sobriety tests.
• Chemical testing requests: You may be asked to provide a breath or blood sample. Refusing to comply can trigger administrative penalties, including potential suspension of your boating and driving privileges.
• Booking & charging: Depending on the circumstances, you could be cited or arrested based on your BAC level, alleged dangerous conditions, or prior offenses.
• Arraignment: You’ll be scheduled for an initial appearance, typically at a Phoenix Municipal or Maricopa County court, where charges are formally presented.
• Pretrial motions & negotiations: I may file motions to challenge the stop’s legality, the reliability of sobriety testing, or raise constitutional concerns about the arrest or evidence collection.
• Resolution or trial: Your case could resolve through negotiation or proceed to trial, where your defense is aggressively asserted and every available angle is explored.

It’s completely normal to feel uncertain after a BUI charge. Each case is unique and can involve additional challenges—like if an accident occurred, injuries happened, or minors were present. Law enforcement may sometimes make stops from patrol boats or at busy launch ramps, complicating how evidence is gathered. 

Regardless of the details, I work to ensure you know what to expect at every phase, help you organize documentation, and keep pressure on all parties to ensure your rights are respected. My goal is for you to move through the process with less stress, more confidence, and a solid plan for defense tailored to the realities of BUI cases in Phoenix.