Scottsdale DUI Lawyer

What Are the Different Levels of DUI Charges in Arizona?

Arizona DUI laws do not identify only one type of driving under the influence offense. There are multiple types and levels of DUI charges, each with different penalties. To achieve a DUI conviction, the prosecution must prove the necessary elements of the specific type of crime being charged.

The different levels of DUI in Arizona are as follows:

• ARS 28-1381(a)(1)—Impaired to the Slightest Degree: to drive or be in actual physical control of a vehicle while under the influence of alcohol or drugs if the driver is impaired to the slightest degree.
• ARS 28-1381(a)(2)—BAC of 0.08% or More: to drive or be in actual physical control of a vehicle with a blood alcohol concentration (BAC) level of 0.08.
• ARS 28-1381(a)(3)—DUI Drugs: to drive or be in actual physical control of a vehicle with any amount of any drug, legal or illegal, or its metabolite in your system. There are a myriad of defenses available such as if the drugs were prescribed, being used as prescribed, or non-impairing.   
• A.R.S. 28-1382(a)(1)—Extreme DUI: to drive or be in actual physical control of a vehicle while under the influence of intoxicating liquor, drug or vapor-releasing substance with a blood alcohol concentration (BAC) level of 0.15 but less than 0.20.
• A.R.S. 28-1382(a)(2)—Super Extreme DUI: to drive or be in actual physical control of a vehicle while under the influence of intoxicating liquor, drug or vapor-releasing substance with a blood alcohol concentration (BAC) level of 0.20 or more.
• A.R.S. 28-1383—Aggravated DUI: to drive under the influence of an intoxicating substance with aggravating factors, such as driving on a suspended or revoked license, without a Court- or MVD-ordered interlock device in your vehicle, having two prior DUI convictions in seven years, driving with a person under the age of 15 in the vehicle, driving the wrong way, or causing a car accident.

Note that a commercial driver in Arizona can be arrested for a standard DUI with a lesser BAC than the general population (0.04 percent). In addition, Arizona has a zero-tolerance law for drivers under the legal drinking age of 21 years old. An underage driver can be charged with a DUI in Arizona with any measurable amount of Blood or Breath alcohol concentration or even the vague suspicion of driving while impaired.

Potential Consequences of a DUI Charge

The Arizona criminal justice system is known for taking a strong stance against drunk and drugged driving. It has some of the most serious consequences for DUI convictions in the country. The more severe the circumstances surrounding a DUI crime, the harsher the penalties. 

A repeat offender with more than one DUI conviction on his or her record, for example, will be subject to longer potential jail time and the possibility of permanent license revocation.

Examples of potential DUI criminal charges in Arizona include:

• Underage DUI: an underage driver who is cited for any measurable amount of alcohol during a BAC test can face a class 1 misdemeanor, punishable by up to six months in jail, a maximum fine of $750, and up to two months of driver’s license suspension. Unlike an adult DUI conviction, an underage DUI does not come with mandatory minimum jail time.
• Misdemeanor DUI: most first-offense DUI cases in Arizona are classified as class 1 misdemeanors. The typical penalties are up to 10 days in jail, a fine of about $1,500 plus significant surcharges, and driver’s license suspension for 90 days or 1 year depending on the circumstances. In addition, a driver will be required to attend alcohol or drug counseling, install an ignition interlock device on all vehicles, potentially perform community service, or attend a MADD impact pannel.  
• Extreme or super-extreme DUI: while extreme and super-extreme DUIs are still class 1 misdemeanors in Arizona, the penalties are enhanced compared to standard DUIs. The potential consequences for extreme DUI or super extreme DUI include up to 45 days in jail, over $3,000 in fines, driver’s license suspension for at least 90 days, and one year of mandatory ignition interlock device.
• Felony DUI: being convicted of an aggravated DUI or a third DUI within seven years of the first two could result in a felony conviction. The possible penalties include mandatory prison time of at least four months, more than $4,000 in fines, license revocation for one year, and a two-year ignition interlock device requirement.
• Repeat DUI offender: if a driver receives a second DUI conviction within seven years, the potential penalties are significantly increased jail time (120-180 days), up to $4,250 in fines and surcharges, and driver’s license revocation for at least one year. Community service hours and ignition interlock device times can also drastically increase to two-plus years.

The penalties associated with a DUI conviction in Arizona can be life-altering. 

If your case involves other infractions or charges, such as for refusing to take a BAC test or reckless driving, you may face other consequences, as well. It is important to hire an experienced criminal defense attorney to determine how best to handle your case. 

An experienced Scottsdale DUI defense lawyer will know how to argue to minimize the penalties that you face as much as possible by preparing your trial, the goal of which is not having to execute that jury trial strategy.

What to Do if You Are Arrested for a DUI in Scottsdale?

If you get arrested on suspicion of drunk driving in Scottsdale, the most critical step to take is to contact an experienced Scottsdale DUI defense attorney at Rosenstein Law Group without delay. 

Our Arizona DUI team can immediately go to work on helping you exercise your rights and protecting you during the legal process. Hiring a criminal law defense lawyer from the very beginning of your DUI case can enhance the odds of achieving a positive outcome against a DUI charge.

Important steps to take after a DUI arrest include:

1. Remain calm and cooperate with law enforcement. Resisting arrest could get you into deeper trouble. Do your best to stay composed and keep your emotions in check. Do what the police officer says, but keep your rights in mind.
2. Invoke your right to remain silent. Anything you say during your arrest can be used against you in court. While you are being arrested and booked, politely state to law enforcement that you are exercising your right to remain silent and that you wish to speak to a DUI attorney.
3. Request a defense lawyer. Express your desire to contact a DUI defense attorney as soon as possible. In general, it is not a good idea to answer any questions without an attorney present. The only information you are required to give is your name.
4. If requested, you may have to take a breath or chemical test. This is required under Arizona’s implied consent law; refusing could lead to additional penalties. However, there are a lot of variables regarding the best advice here. Always ask to speak to a lawyer to get the best advice for your particular circumstance. If you’ve already provided a blood or chemical test, don’t worry. One of the things we do is review the chemical tests and explain why they may not be accurate in your unique circumstance. One size does not fit all.  You are technically legally required to take the eye and balancing field tests, but it is almost always unwise. These tests lack all scientific credibility and are designed so that they can only be failed.
5. Contact a DUI defense attorney. Once you have been brought to the Scottsdale Police Department and booked, you will be given the chance to make one phone call. Use it to contact a DUI attorney directly or call a friend or family member who can call Rosenstein Law Group for you.

If the city proceeds to file DUI charges against you, you or your attorney will need to attend all required court appearances and administrative proceedings. 

Your DUI attorney can help ensure that you are treated fairly and that your rights are protected during these processes. You can trust your DUI defense attorney to seek the best possible outcome on your behalf, which may include reduced charges, a plea deal, or case dismissal.

Common Defenses Used in a DUI Case

One of the most important reasons to hire an experienced Scottsdale DUI lawyer is to help you shape a defense for the DUI charge you are facing. The strength of your legal representation can make all the difference to the outcome of your criminal case, including whether you are convicted of a misdemeanor or felony and the penalties that you face. The right DUI attorney will craft a personalized plan that will use the most effective DUI defenses.

Common DUI defense options include:

• Improper traffic stop or arrest: if an officer did not have probable cause to pull you over or make a DUI arrest, any alleged evidence collected thereafter may be ruled inadmissible.
• Inaccurate or unreliable test results: incorrectly administered breathalyzer tests or mechanical errors with the device (including faulty calibration or improper use) could lead to inaccurate test results. Each person’s biochemistry is different and the machines will likely make many assumptions based on the average person. If you have any minor deviations from what is considered average, your test results could be inaccurate and misleading.
• Medical condition: the argument that the reason you failed a field sobriety test or appeared impaired is due to a medical condition that led to a false result.
• No crime committed: the prosecution is missing elements to achieve a conviction, such as a lack of evidence of intoxication or no proof of actual physical control of a vehicle.
• Civil rights violations: infringements upon your rights by the officer, such as denial of the right to counsel, could lead to the case against you being dismissed.

It is important to consult with a DUI defense attorney at Rosenstein Law Group to discuss the specific details of your case and determine the most effective defense strategy available. 

Our Scottsdale DUI lawyers will examine the circumstances of your traffic stop and DUI arrest, review the evidence against you, identify potential weaknesses in the prosecutor’s case, and build your defense based on the facts involved and the applicable laws.

Schedule a Free Consultation With an Experienced Scottsdale DUI Attorney

If you or someone you love has been accused or charged with a DUI, contact our local Scottsdale DUI attorneys at Rosenstein Law Group for a free initial consultation today. Your case will be in the hands of an experienced trial attorney who you can trust to fight hard for your defense, from start to finish. Call today or contact us online.

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