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Located south of Tucson and the San Xavier Indian Reservation, the southern Arizona town of Sahuarita offers plenty of ways to have fun. This includes outdoor adventures at the Anamax and Man in the Maze Trails Parks, day tours at the Titan Missile Museum, and nights out at the Desert Diamond Casino.
However, visitors and locals alike should be wary of having too much fun. Prosecuted by the Sahuarita Department of Law and Municipal Court, this small desert town is also known to enforce Arizona’s strict DUI laws.
If you have a DUI charge in Sahuarita, call the Rosenstein Law Group at 480-248-7666 for a free DUI consultation. Our Sahuarita 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 Sahuarita and Pima County, Arizona.
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 Sahuarita, you will be asked to provide a breath or blood sample to measure your blood alcohol concentration (BAC).
You are presumed under the influence if your BAC returns with a level of 0.08% or more. You can also be found to be under the influence of alcohol with a BAC of less than 0.08% if you show other signs of intoxication, like driving in a way that poses a danger to yourself and others and/or failing field sobriety tests.
Two alcohol-related DUI situations do not need to have a BAC of 0.08% to warrant a DUI charge under Arizona law. In fact, the requirements in these situations have a significantly lower percentage of acceptance:
Your Arizona driver’s license carries with it 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, 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 Sahuarita, 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. This license suspension is separate and apart from any DUI sentence the court might impose if you are convicted.
It is important to note that even if you are not convicted of a DUI, the Arizona MVD suspension of your driver’s license will still take effect.
Drunk driving is not the only way you can be found to be intoxicated. If your driving is being affected by a non-alcoholic drug in any quantity, you are also considered to be under the influence.
Arizona law lists many kinds of drugs that can lead to a DUI charge against you. Most of them you may not know about, but some of the better-known drugs ARS 13-3401 lists include:
A prosecuting attorney in the Sahuarita Law Department 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 for it or if the prescribed drug has an impairing effect on you while you are driving.
A Sahuarita police officer can arrest you for DUI even if your car is parked and the engine is off.
Arizona’s DUI laws do not define what actual “physical control” means. But Arizona court cases have considered what the concept means, and have identified examples.
The following are some of the factors that a court considers when deciding whether or not you were in actual physical control:
DUI charges vary based on the details of each case. Factors like whether it’s your first offense, or involves drugs, an out-of-state driver, or boating can all make a difference in the consequences of your charge.
With one exception, most DUI charges are misdemeanors.
| 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 |
Aggravated DUIs in Sahuarita are felony-level crimes, and are a criminal traffic matter.
An aggravated DUI can include:
If you are charged with aggravated DUI or any other felony charge, your case will be transferred to the jurisdiction of the Pima County Superior Court.
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 or a Class 6 felony depending on the circumstances. You can also be sent to an Arizona prison for up to 3.75 years.
The penalties for a first-time Arizona DUI conviction can be severe and may include:
Many Sahuarita impaired driving cases end with plea deals 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.
Although a DUI prosecution is a criminal case, it is not an ordinary criminal matter. 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.
Our experienced and trained DUI team of defense attorneys makes sure our clients benefit from the following in-depth DUI case defense strategies:
An Arizona DUI conviction in Sahuarita city court can burden you long after you complete your court-imposed sentence. Even a misdemeanor DUI conviction in Sahuarita can have significant negative long-term effects on you wherever you go.
For example, a criminal conviction can make finding a job, getting financing, buying a firearm (for felony convictions), or renting a home challenging.
With so much of your future at stake, hiring an experienced and reputable DUI legal representation is critical. An expert attorney can give you peace of mind with their guidance, support, and strategy through the DUI process.
If you have been arrested for a DUI offense, a Rosenstein Law Group attorney can help you get through the detainment process and support you through interviews. The skilled DUI defense attorney our firm will assign to your case will also help you avoid unintentionally incriminating yourself and seek ways to submit requests for case dismissal.
A strong defense by an experienced attorney in Sahuarita may keep you from being convicted of a crime or reduce the charges and penalties you face as a defendant.
Potential DUI defenses our DUI defense lawyers may use on your behalf can include:
Knowing how to respond when you are first stopped for a DUI can be key to your DUI defense.
Use the following tips to protect yourself as much as possible during a DUI arrest:
An experienced DUI criminal defense attorney, like the one you will receive from the Rosenstein Law Group, will take immediate steps to defend your legal rights in a DUI matter and help you get through the process of an arraignment hearing in Sahuarita Municipal Court or in Pima County Superior Court.
Your Rosenstein Law Group Sahuarita DUI lawyer will also draw up the strongest possible defense strategy to shield you as much as possible from the consequences of a DUI conviction.
If you or someone you know has been arrested for allegedly driving under the influence in Sahuarita, Arizona, contact the Rosenstein Law Group law offices as soon as possible. Our Tucson DUI lawyers 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 our law practice at 480-248-7666 or contact us online for a free case evaluation with a Tucson DUI lawyer today.