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Although San Tan Valley is not an incorporated town or city in Arizona, it is one of Pinal County’s fastest-growing communities. Located about an hour’s drive east of Phoenix, the San Tan Valley offers many kinds of outdoor recreational activities that attract locals and visitors from out of town looking for fun and adventure, including hiking in San Tan Mountain Park, kayaking on the Salt River, Sonoran Desert Jeep Tours, and ATV Tours in Box Canyon. 

With so many options for entertainment, it can be easy to be swept away in the fun. However, too much fun could lead you to facing DUI charges.

Call the Rosenstein Law Group at 480-248-7666 for a free DUI consultation if you are charged with DUI in San Tan Valley. Our San Tan Valley DUI lawyers include certified Arizona DUI specialists who are highly experienced in all aspects of pre-trial plea negotiations and DUI trial defense. Call our law office today to learn how our criminal defense attorneys can help defend you against DUI charges.

What is a DUI Offense in Arizona?

You can find Arizona’s DUI law in statute ARS 28-1381. This statute defines DUI in San Tan Valley 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 San Tan Valley, 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 Cases

Two alcohol-related DUI situations do not require a BAC of 0.08% to be charged with DUI:

• Commercial drivers can be charged with being under the influence of alcohol with a BAC level as low as 0.04%
• Drivers under the age of 21 receive underage DUIs with any BAC level above 0.00%

What Happens if I Decline 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 at the station or processing facility (which is not the same as a 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 San Tan Valley, you have violated your implied consent.

If this happens, the Arizona Motor Vehicles Division (MVD) will revoke your driving privileges for one year. This revocation is distinct from any DUI sentence that the court might impose on you if you are convicted. 

Even if you are not convicted of a DUI, the Arizona MVD suspension of your driver’s license will still go into effect. 

What is an Intoxicating Drug?

Arizona law identifies many kinds of substances other than alcohol that can result in a DUI charge against you. Some of the better-known ones under ARS 13-3401 are: 

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

A San Tan Valley prosecutor 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. 

What Does “Actual Physical Control” of a Car Mean?

A San Tan Valley police officer 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 courts have identified examples. The following are some of the factors that these courts consider when determining whether or not 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 Court Handles San Tan Valley DUIs?

If you are charged with misdemeanor DUI in San Tan Valley, your traffic citation will identify what court you will need to appear in. This can be the San Tan Justice Court or the JP1 Pioneer Justice Court.

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 an San Tan Valley DUI Arrest

Aggravated DUIs in San Tan Valley are felony-level crimes. If you are charged with aggravated DUI or any other felony charge, your case will be transferred to the jurisdiction of the Pinal County Superior Court in Florence, which handles criminal cases. 

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

What are the Penalties for a San Tan Valley 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 DUI cases end with plea deals with lesser charges. 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.

Board-Certified DUI Defense Lawyers in San Tan Valley, Arizona

A DUI defense is no ordinary criminal defense matter. To have the best possible defense, you should look for board-certified DUI defense attorneys who are accredited through the National College For DUI 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 defense attorneys make sure our clients benefit from the following in-depth DUI case defense strategies:

• 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 You Against DUI Charges 

A DUI conviction in San Tan Valley can have significant long-term effects on you wherever you go in the state of Arizona, even after you complete your sentence. For example, you could have difficulty finding a job, qualifying for financing, buying a firearm (for felony conviction), or finding a home to buy or rent.

With so much at stake, the best way to protect yourself is to hire an experienced San Tan Valley DUI lawyer. Their expertise and defense strategies can be key to keeping peace of mind during the difficult DUI process.

If you have been arrested in San Tan Valley for a DUI misdemeanor or criminal offense, one of our Rosenstein Law Group DUI attorneys can help you through the detainment process, interrogations, and potential court proceedings. They can also seek ways to submit a request for case dismissal and prepare the strongest DUI defense available. 

In addition to our trial skills, our law firm can also 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 in Arizona

A strong defense by an experienced attorney in San Tan Valley may keep you from being convicted of a DUI offense, or at least reduce the charges and penalties you face.

Possible 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
• Unreliable or inaccurate drug or alcohol testing by the police
• The prosecution lacking evidence 
• The prosecution has mishandled the evidence against you
• The San Tan Valley police traffic stop or arrest was unlawful
• The police violated constitutional rights, such as through an unlawful search and seizure
• The police officer who arrested you failed to read you your Miranda rights prior to being subject to questioning while in custody

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

You need to know how to respond when you are facing a possible DUI charge in San Tan Valley, starting from the moment you are pulled over.

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 DUI attorney like those from the Rosenstein Law Group will take immediate steps to defend your legal rights in a DUI matter. Your Rosenstein Law Group San Tan Valley DUI lawyer will help you navigate the process of an arraignment hearing in the appropriate Justice Court and draw up the strongest possible defense strategy to shield you as much as possible from the consequences of a DUI conviction.

Contact Our San Tan Valley DUI Lawyers Today for a Free Consultation

If you or someone you know has been arrested for allegedly driving under the influence in San Tan Valley, Arizona, contact the Rosenstein Law Group law office as soon as possible. Our Arizona 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 offices at 480-248-7666 or contact us online for a free case evaluation with a San Tan Valley DUI attorney today.