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Although it is home to approximately 11,000 residents, Cottonwood offers many recreational activities for both locals and out-of-towners looking to relax. These include multiple parks like Deadhorse Ranch State Park, Riverfront Park, and Prescott National Park, high-altitude adventures like hot air ballooning and skydiving, and wine tasting on the Verde Valley Wine Trail.

If you do imbibe alcohol in Cottonwood, it’s important to be aware of its effects on your driving ability. Otherwise, your next Cottonwood activity may be an appearance before the Cottonwood Municipal Court to face a driving under the influence charge (DUI).

If this has happens to you, call the Rosenstein Law Group at (480)-248-7666 for a free DUI consultation. Our Cottonwood DUI lawyers include certified Arizona DUI specialists who are highly experienced in all areas of pre-trial plea negotiations and DUI trial defense. 

Call to learn how our criminal defense attorneys can help defend you against DUI charges in Cottonwood and Pinal County, Arizona.

What is an Arizona DUI?

You can find Arizona’s DUI law in statute ARS 28-1381. This statute defines DUI in three ways:

• Driving or being in “actual physical control” of a motor vehicle while being under the influence of any type of intoxicating liquor, drug, or vapor-based toxic substance
• Driving or being in “actual physical control” of a vehicle with a BAC greater than .08%
• Driving or being in “actual physical control” of a vehicle with any impairing drug and/or its metabolite in your system.

What is Being Under the Influence of Alcohol or Drugs?

If you are pulled over for suspicion of DUI in Cottonwood, the police officer will ask you to provide a breath or blood sample to measure your blood alcohol concentration (BAC).

If your sample shows a BAC level of 0.08% or more, you are presumed to be under the influence and impaired by alcohol.

You can also be found to be impaired alcohol with a BAC of less than 0.08% if you show other signs of impairment, like driving in a way that poses a danger to yourself and others and/or failing field sobriety tests.

Special Alcohol BAC Concentrations 

You do not need to have a BAC of 0.08% to be presumed to be impaired by alcohol under Arizona law in two situations:

• If you are a commercial driver, you are presumed impaired by alcohol with a BAC level as low as 0.04%.
• If you are under age 21, any BAC level above 0.00% you are presumed to be impaired and is an underage DUI.

Administrative Penalty for Refusing 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 Cottonwood, you have violated the terms of your implied consent.

If this is the case, the Arizona Motor Vehicles Division (MVD) will revoke your driving privileges for one year. This license revocation is separate from any sentence from the Cottonwood Municipal Court if you are convicted of DUI. 

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

What is an Intoxicating Drug?

Being impaired by alcohol is not the only way you can be found to be intoxicated. Driving while being affected by illegal drugs in any quantity also meets the definition of being under the influence.

ARS 13-3401 lists many kinds of drugs that can lead to a DUI charge against you, including: 

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

A prosecuting attorney in Cottonwood can also charge you with DUI for being under the influence of a prescription-only medication if you do not have a valid prescription or if it has an impairing effect on you while driving. 

What is “Actual Physical Control?”

A Cottonwood police officer can arrest you for DUI even if your car is parked and the engine is off. 

Although Arizona’s DUI laws do not define what “actual physical control” means, Arizona courts have identified ways to explain the concept. The following are some of the factors that the court will consider when deciding whether 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 Kinds of DUIs Does the Cottonwood Municipal Court Hear?

With five exceptions, most DUI charges are misdemeanors. 

Types of Misdemeanor 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 0.199
Underage DUI	Applies to any BAC reading greater than 0.00 for individuals under 21 years old

Felony DUI Charges from a DUI Arrest

Aggravated DUIs in Cottonwood 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 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 Yavapai County Superior Court. 

What are the Penalties for a Cottonwood DUI Conviction?

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 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 places on you will decide what penalties a Cottonwood prosecutor can seek.

• 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 one day in jail. For a second 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 for extreme DUI, 45 days for super extreme DUI 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 Yavapai 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 Cottonwood, Arizona

Although DUI cases are a type of criminal prosecution in Arizona, only a law firm with specialized experience in Arizona DUI laws can provide the best legal advice and trial defense.

Arizona DUI cases often rely on evidence such as breathalyzer results, field sobriety tests, and the arresting officer’s observations during a traffic stop. The officer must perform these tests correctly, as any procedural errors can weaken the prosecution’s case and prevent them from proving your DUI beyond a reasonable doubt.

Identifying weaknesses in how the police gathered and handled evidence can create reasonable doubt, which is crucial for avoiding a DUI conviction. This expertise is a key part of the training required for an Arizona DUI lawyer to become 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.

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 Quality DUI Defense Lawyer Defends a DUI Case 

An Arizona DUI conviction in Cottonwood can follow you long after you complete your sentence. Even a misdemeanor DUI can have lasting negative consequences across Arizona, making it difficult to land a job, qualify for financing, purchase a firearm, or rent or buy a home.

This means that hiring experienced and reputable DUI legal representation is crucial. 

If you have been arrested for a DUI, your Rosenstein Law Group attorney can assist you through the detainment process and accompany you to interrogations and interviews. Our skilled DUI defense attorney will help you avoid self-incrimination and seek case dismissal based on unlawful traffic stops or procedural errors by the Cottonwood police and prosecutors.

If your case isn’t dismissed before trial, your Rosenstein Law Group lawyer will prepare the strongest possible defense. We can also hire expert witnesses to bolster your case and counter the prosecution’s evidence.

Common DUI Defenses

An experienced attorney’s strong defense against DUI charges in Cottonwood may prevent conviction or reduce the charges and penalties.

Potential DUI defenses our DUI defense lawyers may use on your behalf can include proving:

• You were not legally intoxicated
• You were not in actual physical control of a vehicle
• The police conducted unreliable or inaccurate drug or alcohol testing
• The prosecution lacks sufficient evidence
• The prosecution mishandled the evidence against you
• The Cottonwood police traffic stop or arrest was unlawful
• The police violated your constitutional rights
• The arresting officer failed to read your Miranda rights prior to questioning while in custody

What to Do (and Avoid Doing) During a DUI Arrest

When facing a potential DUI charge in Cottonwood, knowing how to respond from the moment you first interact with the officer who pulls you over is crucial. 

Here are some tips to protect yourself 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 exercise 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.
• 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.)
• Do not provide a breath sample in the Portable Breath Testing (PBT) device on the side of the road/while on scene. Submitting to this breath test is NOT required by Arizona’s Implied Consent law. Only failure to provide a breath sample into the Intoxilyzer machine back at the police station or DUI processing facility implicates Arizona’s Implied Consent law.
• 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 experienced Arizona nationally 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.

An experienced DUI criminal defense attorney like the ones at the Rosenstein Law Group will take immediate steps to defend your legal rights in a DUI matter. They will help you get through an arraignment hearing in Cottonwood Municipal Court or Yavapai County Superior Court. 

Contact Our Cottonwood DUI Lawyers Today for a Free Consultation

If you or someone you know has been arrested for allegedly driving under the influence in Cottonwood, Arizona, contact the Rosenstein Law Group law office as soon as possible. Our Cottonwood drunk driving attorneys can take over your case and make an aggressive DUI defense of your rights from the very beginning to improve your odds of success.

Call (480)-248-7666 or contact us online for a free case evaluation with a Cottonwood DUI lawyer today.