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Yuma, Arizona, is best known for its pleasant weather. According to Guinness World Records, it is the “Sunniest City on Earth,” with sunny days more than 90% of the year. This makes Yuma well known for two things: bountiful agriculture and a large community of people who come to the city to spend the winter months.
In fact, up to 85,000 out-of-state visitors come to Yuma during the winter, nearly doubling the local population.
However, while easy winter weather makes it tempting to spend time in revelry, drinking and driving in Yuma could lead to appearing at the Yuma Municipal Court or Yuma County Superior Court for DUI charges. If you find yourself charged with driving under the influence (DUI) in Yuma, call the Rosenstein Law Group at 480-248-7666 for a free DUI consultation.
Our Yuma DUI lawyers include certified Arizona DUI specialists who are highly experienced in all aspects of pre-trial plea negotiations and DUI trial defense. Call us at our law office today to learn how our criminal defense attorneys can help defend you against DUI charges in Yuma and Pinal 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 Yuma, the officer will request a breath or blood sample from you to measure your blood alcohol concentration (BAC). You will be presumed under the influence if your sample returns a BAC level of 0.08% or more.
You are also considered under the influence if your driving is being affected by a non-alcoholic drug in any amount.
In a couple of alcohol-related DUI cases, you do not need to have a BAC of 0.08% to be charged with driving under the influence:
Obtaining an Arizona driver’s license 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 (note that this is not the same thing 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 Yuma, then you have violated 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 DUI, the Arizona MVD suspension of your driver’s license will still occur.
Drunk driving is not the only way you can be found to be intoxicated. Arizona law lists many kinds of drugs that can lead to a DUI charge against you. Most of them you may be unfamiliar with, but some of the better-known ones under ARS 13-3401 are:
A prosecuting attorney in Yuma 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.
Actual physical control means that a Yuma police officer can arrest you for DUI even when your car is parked and the engine is off.
Arizona’s DUI laws do not define what actual “physical control” means. Instead, Arizona courts have provided examples of what actual physical control can be.
The following are some of the factors that are considered in determining whether or not you were in actual physical control:
Under Arizona law, municipal courts are limited to trying petty and misdemeanor cases. 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 Yuma 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 likely be transferred to the jurisdiction of the Yuma County Superior Court.
The consequences of an aggravated DUI conviction in Yuma 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.
DUI charges vary based on the specifics of each case, such as whether it’s a first-time offense or if it involves drugs, medical marijuana, an out-of-state driver, or boating. Each case is judged on its unique facts.
This variation is a key reason why paying close attention to the details of your charge is pivotal to your defense.
Penalties for even a first-time DUI conviction in Arizona can be severe.
For a misdemeanor offense, the court may impose several penalties, including:
Aggravated DUIs could mean spending time in an Arizona state prison and paying even higher fines.
Many Yuma DUI cases are resolved through plea deals for lesser charges. To secure the best deal, it’s crucial to hire a DUI attorney who knows Arizona DUI laws, is a skilled negotiator, and can build a strong defense if negotiations fall through.
The kind of DUI conviction the court imposes on you will decide what penalties a Yuma prosecutor can seek.
Although a DUI prosecution is a variation of criminal case law, it takes a DUI defense law firm with specialized experience and training in Arizona DUI laws to give you the best legal advice and trial 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 suited 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 and trained DUI defense attorneys ensure our clients benefit from the following in-depth DUI case defense strategies:
An Arizona DUI conviction can follow you long after you complete your court-imposed sentence. For example, you could have trouble getting a job, qualifying for financing, purchasing a firearm (if felony conviction results), or buying or renting a home with a DUI conviction on your record.
Therefore, hiring experienced and reputable DUI legal representation is critical. A skilled Yuma DUI lawyer offers peace of mind by advocating for you in court.
If you have been arrested for a DUI offense, your Rosenstein Law Group attorney can help you get through the detainment process, accompany you to law enforcement interviews, help you avoid unintentionally incriminating yourself, and seek ways to submit a request for case dismissal on your behalf.
If your case goes to trial, your Rosenstein Law Group DUI defense lawyer will prepare the strongest DUI trial defense available for you. We can even hire expert witness professionals to strengthen your defense and to counter the testimony of any expert witnesses the DUI prosecutor calls on.
A strong defense by an experienced attorney in Yuma can help avoid a conviction or reduce the charges and penalties you face.
Potential DUI defenses our DUI defense lawyers can employ on your behalf include:
It is important to know how to respond when you are facing a possible DUI charge in Yuma, starting from the moment you are first pulled over.
Here are some tips to protect yourself as much as possible during a DUI arrest:
An experienced DUI attorney from the Rosenstein Law Group will immediately defend your rights and guide you through the arraignment process in Yuma Municipal Court. They will also draw up the strongest defense strategy to shield you from more severe consequences of a DUI conviction.
If you or someone you know has been arrested for allegedly driving under the influence in Yuma, Arizona, contact the Rosenstein Law Group law office as soon as possible. Our Yuma drunk driving attorneys can take over your case and make an aggressive DUI defense of your rights and improve your odds of success.
Call 480-248-7666 or contact us online for a free case evaluation with a Yuma DUI attorney today.