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Florence, Arizona, has a population of slightly more than 25,000 and features several popular attractions, including McFarland State Historic Park, the Box Canyon Trail, and an Old Town with more than 25 buildings listed in the National Register of Historic Places.
It also hosts another large population: prisoners. Florence is the site of no fewer than eight Pinal County, Arizona State, and U.S. Federal Government penal facilities. If you want to avoid the possibility of becoming a guest of the Pinal County Adult Detention Center or the Arizona State Prison Florence-West as a result of being convicted of driving under the influence (DUI), it pays to have a basic knowledge of how Arizona DUI laws work.
At Rosenstein Law Group, our Florence DUI lawyers are experts in Arizona DUI plea negotiations and trial defense. Call us at our law office today at 480-248-7666 for a free DUI consultation to learn about possible strategies our criminal defense attorneys can use to defend you in your DUI matter.
You can find Arizona’s DUI law in statute ARS 28-1381. This statute defines DUI in three ways:
If you are pulled over for suspicion of DUI in Florence, 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.
The detection of any amount of an illegal 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 the additional burden of proving 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 effects.
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:
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 (note that this is not the same as the portable breath testing device often administered on-scene,which you do not have to consent to), or refuse to submit to a blood test when stopped for an alleged DUI in Florence, 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 put in place.
Arizona law identifies many kinds of drugs and substances that can lead to a DUI charge. Some of them you may recognize, while others you may not have heard of.
Examples of intoxicating substances other than alcohol under ARS 13-3401 include:
A prescription-only medication by a legal drug can also lead to a DUI charge if you do not have a valid prescription or if the drug has an impairing effect.
A police officer in Florence can arrest you for DUI even when your car is parked with the motor off.
Arizona’s DUI laws do not define what “actual physical control” means. But Arizona courts have identified ways to explain the concept. Here are some of the factors a court considers when considering whether you were in actual physical control:
The Florence Municipal Court can consider the full range of DUI charges under Arizona law. These charges increase in severity based on factors such as your BAC level, any criminal background, and the consequences of the DUI.
| 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 |
DUI charges can also involve unique factors that are specific to each case, such as your DUI being:
Your Florence DUI lawyer should tailor your defense strategy to the specific details of your case to ensure you receive the best legal representation.
Aggravated DUIs in Florence are felony-level crimes. An aggravated DUI can include:
If you are charged with aggravated DUI or any other felony charge in Florence, your case will likely be transferred to the jurisdiction of the Pinal County Superior Court.
The penalties for a first-time Arizona DUI conviction can be severe and may include:
DUI cases in Florence often lead to plea deals for lesser charges in criminal court, making it important to retain an attorney to protect your rights after arrest.
The type of DUI conviction the court imposes will determine the potential penalties that a Florence prosecutor or a Pinal County district attorney can seek against you.
Although a DUI prosecution is a criminal case, it takes more than a public defender or a generic criminal defense law firm to give you the strongest legal defense. You need a board-certified DUI defense lawyer.
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 experienced defense attorneys in the Rosenstein Law Group make sure our clients benefit from the following important DUI defense experience:
The serious consequences of an Arizona DUI conviction can have a significant and negative effect on your future, even after you complete your sentence. A DUI on your public record can lead to problems in getting a job, qualifying for a loan, purchasing a firearm, or finding a place to live.
Self-represented defendants in criminal cases usually do not fare will in plea bargains at trial. With so much at stake for your present and your future, it is critical to hire experienced and reputable DUI defense counsel to protect your rights.
If you have been arrested under Arizona DUI laws, a Rosenstein Law Group attorney can walk you through the detainment process, accompany you to law enforcement interrogations to protect you from unintentional self-incrimination, and search for reasons to submit a request for case dismissal.
Your Rosenstein Law Group DUI defense lawyer will present the strongest defense strategy possible based on the specific circumstances of your case. Our law firm also has the resources to hire expert witness professionals to represent you and to counter the testimony of any expert witnesses the DUI prosecutor calls on.
The legal knowledge of your DUI attorney and the strength of your criminal law defense can determine a DUI’s impact on your life and future. A strong defense by an experienced attorney against DUI charges in Florence could prevent you from being convicted of a crime at all, or reduce the charges and penalties you face as a defendant to give you the most favorable outcome possible.
Potential defenses to a DUI charge include:
It is essential to know exactly what to do if you get accused of driving under the influence in Florence. Use the following tips to protect yourself as much as possible during a DUI arrest:
Your Rosenstein Law Group Florence 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.
If you or someone you know has been arrested for allegedly driving under the influence in Florence, AZ, contact the Rosenstein Law Group law office for immediate legal representation. Our Florence DUI 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 an experienced DUI lawyer today.