Both DWI and DUI in Arizona charges are equally serious and carry matching punishments. Extreme DUI carries a much more severe penalty. Arizona usually files two or three charges: DUI Driving Under the Influence of intoxicating liquor (or drugs), DWI Driving with a Blood Alcohol Content (BAC) of 0.08% or greater within two hours of driving.
In the case of Padilla v. Kentucky, the U.S. Supreme Court held in a 7-2 decision that "[i[t is quintessentially the duty of counsel (criminal defense attorney Phoenix) to provide his/her client with the available advice about an issue like deportation" and the failure to do so satisfies the first prong of the Strickland analysis regarding ineffective assistance of counsel.
A good assault defense lawyer in Arizona can make all the difference in winning your case. Knowing how to choose the right defense team and use them to their fullest potential can make or break your case. What should you look for in an assault defense lawyer?
The U.S. Supreme Court's decision in Montejo v. Louisiana has been called an assault on the attorney-client relationship and will greatly affect criminal lawyers in Arizona. Under Montejo officers may now interrogate defendants in the absence of counsel, even after charges have been brought and counsel has been retained or appointed, as long as the defendant waives his or her rights under Miranda.
DWI defense lawyers should be well versed in how Arizona v. Gant impacts DUI cases. In this case, the court reconsidered and modified its holding in New York v. Belton, which applied to the search incident to arrest exception to the 4th amendment warrant requirement to vehicle searches.