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From its earliest beginnings as a rest camp for U.S. Army aviators in World War II, what is now Lake Havasu City has become one of the most interesting places to visit in the state of Arizona.

People from all over the United States come to Lake Havasu City for stays at local camp spots and resorts, water sports on Lake Havasu, and racing events at the Havasu 95 Speedway. The community is also a popular destination for people from northern parts of the country who spend the winter in its pleasant year-round climate.

However, many visitors and locals may not be familiar with Arizona’s laws against driving or boating under the influence (DUI) of alcohol or drugs. This can lead to some unpleasant surprises if they are charged while in town for some fun, thanks to Arizona’s strict DUI penalties

If you have been charged with DUI in Lake Havasu City, the Rosenstein Law Group has highly experienced and certified DUI defense attorneys who can help you. Our Lake Havasu City 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?

Arizona’s DUI statute, ARS 28-1381, establishes three ways you can be charged with driving under the influence in Lake Havasu City:

• 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 of Alcohol or Drugs Mean?

If you are pulled over for suspicion of DUI in Lake Havasu City, 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 effects.

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 Do Not Provide a BAC Sample?

An Arizona driver’s license automatically 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: 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 Lake Havasu City, then 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 place. 

What is an Intoxicating Substance?

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)

A prescription-only medication for a legal drug can also result in a DUI charge if you do not have a valid prescription or if the prescribed drug has an impairing effect on you while you are driving. 

What Does “Actual Physical Control” Mean?

A police officer in Lake Havasu City 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 provide examples to explain the concept. The following are some of the factors that a court considers when deciding if 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 Lake Havasu City Municipal Court Hear?

Under Arizona law, the Lake Havasu City Municipal Court tries misdemeanor DUI cases. These include most DUI charges.

DUI charges have unique elements and considerations that are specific to each case. For example, it makes a difference if yours is a first versus a subsequent offense DUI, a drug DUI, a medical marijuana DUI, an out-of-state driver DUI, or a boating DUI. 

It is essential for your criminal defense attorney to build your defense strategy on the precise circumstances of your individual case.

Types of Misdemeanor-Level 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 Lake Havasu City DUI Arrest

Aggravated DUIs in Lake Havasu City 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 Mohave County Superior Court. 

What are the Penalties for a DUI Conviction in Lake Havasu City?

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 Lake Havasu City 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 one day 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 for an extreme and 45 for a super extreme 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 result in 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.

Hire a Board-Certified DUI Defense Lawyer in Your DUI Case

Although a DUI prosecution is a criminal case, an ordinary criminal defense lawyer can have trouble giving you the best representation. It 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.

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) is best qualified to 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.

Our experienced defense attorneys in the Rosenstein Law Group make sure 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” felony DUI charges
• Personalized attention and individualized defense strategies based on your unique case facts

How We Defend You Against DUI Charges in Lake Havasu City

The serious consequences of an Arizona DUI conviction do not stop with your sentence from the Lake Havasu City Municipal Court. A conviction can have significant negative long-term effects on your future, such as making it difficult to find employment, financial aid, housing, and more.

This is why it is important to hire experienced and reputable DUI defense counsel. A professional Lake Havasu City DUI lawyer can guide you through the process step-by-step, giving you peace of mind and a strong defense.

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

• Help you get through the detainment process
• Accompany you to law enforcement interrogations and interviews
• Help you avoid unintentional self-incrimination
• Seek ways to submit a request for case dismissal
• Prepare the strongest defense based on your case’s circumstances
• Hire expert witnesses to strengthen your defense

What are Some Common DUI Defenses?

A strong defense by an experienced attorney in Lake Havasu City can help you avoid a DUI conviction or reduce the charges and penalties you face.

Potential defenses to 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
• Drug or alcohol testing was unreliable or inaccurate
• The prosecution lacks enough evidence 
• The prosecution has mishandled the evidence against you
• The Lake Havasu City police traffic stop or arrest was unlawful
• The police violated your constitutional rights
• You were not read your Miranda rights prior to questioning when in police custody

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

Knowing what to do the moment you enter a potential DUI situation can be key to keeping you from being charged severely or even at all. 

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 the ones at the Rosenstein Law Group, will immediately take steps to protect and defend your rights against drunk driving charges.

Your attorney will help you navigate the process of an arraignment hearing in Lake Havasu City Municipal Court or in Mohave County Superior Court (if felony aggravated DUI), advise you on what plea to submit, and craft a strong defense strategy to guard you as much as possible from a DUI conviction.

Contact Our Lake Havasu DUI Lawyer Today for a Free Consultation

If you or someone you know has been arrested for allegedly driving or operating a watercraft under the influence in Lake Havasu City or on Lake Havasu itself, contact the Rosenstein Law Group law office for immediate assistance. 

Our Lake Havasu City 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 DUI case evaluation with a Lake Havasu City DUI lawyer today.