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Situated close to Daisy Mountain and Gavilan Peak, Anthem, Arizona, is a planned community with approximately 23,000 residents in North Phoenix. Widely known as a place for shopping and outdoor adventures, Anthem also offers many opportunities for entertainment, including swimming, fishing, sports, a 63-acre recreation area, a 14,000-square-foot skate park, and many miles of trails for hiking and biking.

Despite the many opportunities for adventure, having too much fun in the Anthem could lead you to a DUI situation. If so, you may face those charges at either the Phoenix Municipal Court or the North Valley Justice Court.

If you’ve been charged with a DUI in Anthem, call the Rosenstein Law Group at 480-248-7666 for a free DUI consultation. Our Anthem DUI lawyers include certified Arizona DUI specialists who are highly experienced in all aspects of pre-trial plea negotiations and DUI trial defense. Call to learn how our criminal defense attorneys can help you defend yourself against DUI charges.

How Does Arizona Define a DUI Offense?

Arizona’s DUI statute, ARS 28-1381, sets forth two ways you can be charged with driving under the influence in Anthem:

1. Driving while under the influence/impaired by any type of intoxicating liquor, drug, or vapor-based toxic substance
2. If you are not driving, being intoxicated/impaired while you are in “actual physical control” of a parked vehicle

What Does Being Under the Influence of Alcohol or Drugs Mean?

If you are pulled over for suspicion of DUI in Anthem, you will be asked for a breath or blood sample to measure your blood alcohol concentration (BAC). In Arizona, you are presumed to be under the influence and impaired if your sample returns a BAC level of 0.08% or more.

If your driving is being affected by a non-alcoholic drug, the detection of any amount of that drug in your system qualifies you as being under the influence. If you have a prescription from a medical doctor and are taking the medication as prescribed, the state has to prove you were actually impaired by that prescription medication. Thus, never admit to law enforcement that you are taking prescribed medication, especially if such medication may have impairing affects.

Special BAC Level Cases Below the 0.08% Limit

In two alcohol-related DUI situations, you do not need to have a BAC of 0.08% to be charged with DUI:

• If you are a commercial driver, you can be charged with being under the influence of alcohol with a BAC level as low as 0.04%. 
• If you are under the age of 21, any BAC level above 0.00% will result in an underage DUI charge.

What Happens If I Decline to Give a BAC Sample?

Obtaining an Arizona driver’s license also implies that you give your consent to submit to DUI breath, chemical, or blood tests during traffic stops. If you refuse to take a breathalyzer test back at the station or processing facility (not the portable breath testing device often administered on-scene, you do not have to consent to that test under Arizona’s Admin Per Se consent law), or refuse to submit to a blood test when stopped for an alleged DUI in Anthem, you have violated the terms of your implied consent.

If this happens, the Arizona Motor Vehicles Division (MVD) will suspend your driving privileges for one year. This license suspension is separate and apart from any DUI sentence the court might impose if you are convicted. 

Even if you are not convicted of a DUI, the Arizona MVD suspension of your driver’s license will still be in effect. 

What is an Intoxicating Drug?

Arizona law identifies many kinds of drugs and substances besides alcohol that can result in a DUI charge. Some of the better-known ones under ARS 13-3401 are: 

• Amphetamines
• Methamphetamine
• Fentanyl
• Phencyclidine (PCP)
• Cannabis (Marijuana)
• Cocaine
• Opium
• Codeine
• Heroin
• Morphine
• Oxycodone
• Lysergic acid diethylamide (LSD)

A DUI prosecutor can also charge you with DUI for being under the influence of a prescription-only medication for a legal drug if you do not have a valid prescription or if the prescribed drug impairs your ability to drive.

What Does “Actual Physical Control” Mean?

A police officer in Anthem can arrest you for DUI even when your car is parked with the motor off.

Although Arizona’s DUI laws do not define what actual “physical control” means, Arizona has identified ways to explain the concept. The following are some of the factors that are considered in determining whether or not you were in actual physical control: 

• Whether the vehicle’s engine was running or off
• Where the vehicle’s key was located
• If the vehicle’s engine was running for climate control only
• If the parking brake was on
• If the vehicle was in neutral or park
• If the vehicle’s headlights were on or off
• Where the car was parked
• The individual’s position inside the vehicle
• The individual’s reason for being inside the vehicle
• What the individual was doing in the car at the time the police arrived
• The time of day and weather conditions
• Whether the driver voluntarily pulled off the road

What Court Handles Anthem DUIs?

If you are charged with misdemeanor DUI in Anthem, most cases will be under the jurisdiction of the Phoenix Municipal Court or the North Valley Justice Court. These courts are limited to trying misdemeanor DUI cases (not felony aggravated DUI cases).

Types of DUI Charges Based on BAC Levels

DUI Type	Description
Standard DUI	Applies to a BAC of 0.01 to 0.149 or under the influence of an intoxicating substance
Extreme DUI	Applies to a BAC between 0.15 and 0.199
Super Extreme DUI	Applies if your BAC level is more than 0.20
Underage DUI	Applies to any BAC reading greater than 0.00 for individuals under 21 years old

Felony DUI Charges from an Anthem DUI Arrest

Aggravated DUIs in Anthem are felony-level crimes and are a criminal traffic matter.

An aggravated DUI can include:

• Driving while impaired while your license is suspended or revoked
• Driving while impaired with a child under the age of 15 in the car
• It’s a third DUI offense within the previous 84-months
• You have an ignition interlock device requirement (from a previous DUI conviction), and you are found in actual physical control of a motor vehicle while impaired and the vehicle you are operating is not equipped with an ignition interlock device
• Driving the wrong way on a roadway while impaired

If you are charged with aggravated DUI or any other felony charge, your case will be transferred to the jurisdiction of the Maricopa County Superior Court in Phoenix, which handles serious criminal cases. 

DUI charges and penalties are dependent on the circumstances of each case. It can make a difference if your case is a first-time or subsequent DUI offense, a drug DUI, a medical marijuana DUI, an out-of-state driver DUI, or a boating DUI.

Your Anthem DUI lawyer should tailor your defense strategy to the specific details of your case to ensure you receive the best legal representation.

What Are the Penalties for a DUI Conviction in Anthem, AZ?

The penalties for a first-time Arizona DUI conviction can be severe and may include:

• Jail time
• Expensive fines
• Suspension of your driver’s license
• Requirement to install an ignition interlock device in your car
• Drug and alcohol counseling
• Community service
• Probation

Many Anthem impaired driving cases end with plea deals with lesser charges without going to trial. Hiring an attorney who is thoroughly knowledgeable in Arizona DUI laws, is a skilled negotiator, and can present a strong defense if plea negotiations fail is the best way to ensure you get the best available outcome.

The type of DUI conviction the court imposes on you will decide what penalties the prosecutor can seek against you.

• A standard DUI can result in a minimum of 10 days in jail (9 of which can be suspended upon successful completion of drug and/or alcohol treatment), more than $1,500 in fees and surcharges, a driver’s license suspension, and mandatory ignition interlock device installation. At a minimum, you will spend 24 hours in jail. For a second or third offense, jail time ranges from a minimum of 30 days to a maximum of six months. The base fine also increases.
• An extreme or super extreme DUI is a more severe misdemeanor charge that carries a mandatory jail sentence in addition to the above-mentioned penalties. The minimum jail sentence is 30 days plus fines, fees and surcharges of at least $3,500. You will also be required to attend drug and/or alcohol screening and education.
• The consequences of an aggravated DUI conviction in Maricopa County Superior Court can include prison time, substantial fines, the loss of your driving privileges, and probation. This crime may be charged as a Class 4 or a Class 6 felony depending on the circumstances. You can also be sent to an Arizona prison for up to 3.75 years.

Board-Certified DUI Defense Lawyers in Anthem, Arizona

Although a DUI prosecution is a criminal case, it still takes a criminal defense law firm with legal focus and specific training in Arizona DUI laws to give you the best legal advice and trial defense. Not every criminal defense attorney is experienced in practicing DUI defense.

For example, Arizona DUI cases often rely on the results of breathalyzer samples, field sobriety tests, and the police officer’s personal observations when interacting with you during a traffic stop.

A Board-Certified DUI defense attorney through the National College For DUI Defense (the only accredited organization in the U.S. authorized to award this certification) can identify weaknesses in the evidence against you to strengthen your defense. 

Only four attorneys in Arizona are board-certified to represent clients as legal counsel in DUI cases. Our founding partner at the Rosenstein Law Group, Craig J. Rosenstein, is one of them as is our Managing Attorney, Jonathan Goebel.

Our team of experienced and trained DUI defense attorneys ensures our clients benefit from the following in-depth DUI case defense strategies that you might not receive from non-DUI attorneys:

• Insight and skills of a legal team with decades of experience handling Arizona DUI cases
• Representation for all types of DUI charges, including misdemeanor, extreme DUI, super extreme DUI, and aggravated DUI charges
• Personalized attention and individualized defense strategies based on your unique case facts

How a DUI Defense Lawyer Defends You Against DUI Charges 

The effects of an Arizona DUI conviction can follow you even after you finish the terms of your sentence. With so much at stake, it is critical to hire an experienced Anthem DUI attorney that you can trust to defend your future fiercely. 

If you have been arrested in Anthem for a DUI offense, a Rosenstein Law Group DUI attorney can help you get through the process, accompany you to law enforcement interrogations, and defend you in court against any criminal charges. They will also prepare the strongest DUI defense available if your case goes to trial.

Common Arizona DUI Defenses

A strong defense by an experienced attorney can prevent a conviction or lower the penalties of DUI charges in Anthem.

Possible defenses to a DUI charge that our DUI defense lawyers can employ on your behalf can include:

• You were not impaired
• You were not in actual physical control of the vehicle
• Unreliable or inaccurate drug or alcohol testing by the police
• The prosecution lacks enough evidence to convict you
• The prosecution has mishandled the evidence against you
• The Anthem police traffic stop or arrest was unlawful
• The police violated constitutional rights
• You were not read your Miranda rights when subjected to questioning while in custody

What to Do (and Not Do) in a DUI Arrest

Understanding how to react during a DUI stop can be instrumental in preventing or reducing the severity of a DUI charge.

Use the following tips to protect yourself as much as possible during a DUI arrest:

• Listen to your Miranda rights. The law enforcement officer should read you these rights after your arrest prior to questioning. They include the right to remain silent and the right to consult with an attorney.
• Stay calm and use your right to remain silent. Do not answer questions the officer asks about whether you have been drinking. Anything you say to police officers can be used against you.
• Cooperate with the officer but do not agree to take field sobriety tests. While submitting is required, they cannot force you to participate, nor does refusing to participate in the field sobriety tests result in any violation of Arizona’s Implied Consent law (which again is what has implications to your driving privileges in Arizona.)
• If you are placed under arrest, do not resist. This could result in additional charges against you as well as serious physical injuries. You will have the chance to fight the charges later in a court of law.
• Contact an Arizona board certified DUI defense attorney as soon as possible. If you are taken to the police station and/or jail, request that you be allowed to use your phone call and contact Rosenstein Law Group immediately at 480-248-7666.

Your Rosenstein Law Group Anthem DUI lawyer will take immediate steps to defend your legal rights in a DUI matter, help navigate the process of an arraignment hearing in court, and advise you as to your rights available to you in order to assist in preparing the strongest possible defense strategy.

Contact Our Anthem DUI Lawyers Today for a Free Consultation

If you or someone you know has been arrested for allegedly driving under the influence in Anthem, Arizona, contact the Rosenstein Law Group law office as soon as possible. Our Arizona DUI lawyers have the legal experience to take over your case and make an aggressive DUI defense to improve your odds of success.Call our law offices at 480-248-7666 or contact us online for a free case evaluation with an Anthem DUI attorney today.