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A quarter century ago, when its population was less than 20,000, Goodyear, Arizona, was one of the state’s best-kept secrets. Today, it has grown into a city with a population of more than 100,000, and for good reason.

With an average of 300 sunny days per year, Goodyear attracts baseball fans (home to the Cleveland Guardians and Cincinnati Reds’ spring training facilities), golfers (featuring the Jack Nicklaus-designed Golf Club of Estrella), and outdoor enthusiasts (with the nearby Gila River, two artificial lakes, and the White Tank Mountains).

In addition to the growing population, Goodyear has its share of out-of-town and local motorists. While visiting, it’s important to become familiar with Arizona’s driving laws, including driving under the influence (DUI) statutes. Otherwise, you may find yourself at the Goodyear Municipal Court with a hefty DUI charge.

If you have been charged with DUI in Goodyear, the Rosenstein Law Group has highly experienced and certified DUI defense attorneys who can help you. Our Goodyear DUI lawyers are qualified in all aspects of plea negotiations and DUI trial defense. Call our law office today at 480-248-7666 for a free DUI consultation to learn how our criminal defense attorneys can help you defend yourself against DUI charges.

What is an Arizona DUI Offense?

ARS 28-1381, Arizona’s DUI law, defines driving under the influence 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 Does Being Under the Influence Mean?

The Goodyear police will decide if you are under the influence of alcohol by measuring your blood alcohol concentration (BAC). A BAC level of 0.08% or more carries a presumption that your were impaired by alcohol. This means that legally, you are automatically assumed to be too impaired to drive safely. You are also assumed to be under the influence if your driving is being affected by a non-alcoholic illegal drug(s).

Special BAC Level Cases Below the 0.08% Limit

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.

What Happens If I Refuse to Give a BAC Sample?

When you obtain an Arizona driver’s license, you give your consent to submit to DUI breath, chemical, or blood tests during traffic stops. If you refuse to take a breathalyzer test 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 — or refuse to submit to a blood test when stopped for an alleged DUI in Goodyear, then you have violated the terms of your implied consent.

If this happens, then the Arizona Motor Vehicles Division (MVD) will suspend your driving privileges for one year. 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 substances that can lead to a DUI charge. Examples of better-known intoxicating substances under ARS 13-3401 include: 

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

You can also be charged with a DUI if you are on a legal, prescription-only medication without a prescription or if it impairs your driving. 

What Does “Actual Physical Control” Mean?

A police officer in Goodyear 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 court cases have identified examples: 

• 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 Goodyear Municipal Court Hear?

Under Arizona law, you can face either misdemeanor or felony-level DUI charges.

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 an Goodyear DUI Arrest

Aggravated DUIs in Goodyear are felony-level crimes. 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 Maricopa County Superior Court. The consequences of an aggravated DUI conviction 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.

What are the Penalties for a DUI Conviction?

The penalties for even a first-time conviction can be severe if you are convicted of DUI in Goodyear. Penalties include:

• Jail or prison time
• Significant fines
• Potential driver’s license suspension
• Required ignition interlock device installation
• Community service
• Probation

DUI cases often result in plea deals with lesser charges. The deal you receive depends largely on how prepared your attorney is to defend you at trial if necessary. 

The type of DUI conviction the court imposes will determine the potential penalties that a Goodyear 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 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 Pima 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 to a Class 6 felony. You can also be sent to an Arizona prison for up to 3.75 years.

Board-Certified DUI Defense in Goodyear, Arizona

Although a DUI prosecution is a criminal case, it takes a law firm specializing in DUI defense to give you the best legal advice. 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 experienced defense attorneys in the Rosenstein Law Group ensure that our clients benefit from the following important DUI defense experience:

• 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 We Defend You Against DUI Charges

The consequences of an Arizona DUI conviction do not stop with your sentence from the Goodyear Municipal Court. A conviction can significantly affect your future, making it difficult to find employment, housing, jobs, or financial aid.

With so much at stake, hiring experienced and reputable DUI defense counsel is crucial.

If you have been arrested in Goodyear for a DUI offense, a Rosenstein Law Group attorney can:

• Get you through the detainment process
• Support you during interviews with law enforcement
• Help you avoid unintentionally incriminating yourself
• Submit a request for case dismissal
• Prepare a strong defense based on the specific circumstances of your case

Our law firm has the resources to hire expert witness professionals to strengthen your defense and to counter the testimony of any expert witnesses the DUI prosecutor calls on.

Common DUI Defenses

Potential defenses against a DUI charge that our DUI defense lawyers can employ on your behalf can include:

• You were not legally intoxicated
• You were not in actual physical control of a vehicle
• The drug and alcohol testing was unreliable or inaccurate drug or alcohol
• The prosecution lacks enough evidence 
• The prosecution has mishandled the evidence against you
• The Goodyear police traffic stop or arrest was unlawful
• The police violated your constitutional rights, such as through an unlawful search and seizure
• The police officer who arrested you failed to read your Miranda rights while in custody prior to questioning

What to Do (and Avoid) During a DUI Arrest

Knowing what to do the moment you are in a DUI situation is vital in protecting you from severe consequences. Goodyear police officers are trained observers and will be watching you closely and looking for signs of alcohol or drug impairment. 

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 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 criminal defense attorney, like those at the Rosenstein Law Group, can take steps immediately to protect you and your rights against drunk driving charges. Your attorney will help you navigate the process of an arraignment hearing in Goodyear Municipal Court, and advise you on what plea to submit. Then, your Goodyear DUI lawyer will craft a strong defense strategy to guard you as much as possible from a DUI conviction.

Contact Our Goodyear DUI Lawyers Today for a Free Consultation

If you or someone you know has been arrested for allegedly driving under the influence in Goodyear, Arizona, contact the Rosenstein Law Group law office for immediate assistance. Our Goodyear 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 Goodyear DUI lawyer today.