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With local attractions like Lost Dutchman State Park, the Tonto National Forest, the Siphon Draw Trail, and the Commemorative Air Force Museum, Apache Junction, Arizona, is a popular destination for both Arizona residents and tourists looking for fun, adventure, and entertainment. And like everywhere else in Arizona, Apache Junction is also home to some of the strictest laws in America regarding driving under the influence (DUI) of alcohol or drugs.
The Apache Junction Municipal Court hears DUI cases for DUI arrests in the city limits that occur on city streets. If you have been charged with a DUI, having experienced legal counsel on your side can make all the difference in your outcome. Although you may believe you can defend yourself against a DUI prosecution, DUI charges demand the immediate attention of a proven Apache Junction DUI lawyer.
At Rosenstein Law Group, our Apache Junction DUI lawyers are experts in plea negotiations and trial defense. Call us at our law office today at 480-248-7666 for a free DUI consultation to learn about possible defense strategies for your DUI matter.
The DUI statute in Arizona that controls cases in Apache Junction is ARS 28-1381. This law defines driving under the influence as being in “actual physical control” of a motor vehicle while being under the influence of any type of intoxicating liquor, drug, vapor-based toxic substance and/or combination thereof.
If you are pulled over for suspicion of DUI in Apache Junction, 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.
In two alcohol-related DUI situations, you do not need to have a BAC of 0.08% to be charged with DUI:
When you receive 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, because 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 Apache Junction, you have violated the terms of this 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.
Remember, even if you are not convicted of a DUI, the Arizona MVD suspension of your driver’s license will still be in effect.
Arizona law identifies many kinds of drugs and substances besides alcohol that can result in a DUI charge. Some of the better-known ones under ARS 13-3401 are:
A DUI 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 or if the prescribed drug impairs your ability to drive.
Arizona law considers DUI to be such a serious risk to you as well as other drivers, passengers, pedestrians, and others that it lets police charge you with drunk driving even if you are not driving and the vehicle is not in motion. Actual physical control does not have a specific definition under Arizona’s DUI statute. Instead, the court will consider the following factors that when determining whether or not you were in actual physical control:
The Apache Junction Municipal Court can hear the full range of DUI charges under Arizona law. These charges increase in severity based on factors such as your BAC level, any previous criminal background, and the consequences of the DUI.
| 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 |
If you are charged with aggravated DUI in Apache Junction, then your case will be transferred to the jurisdiction of the Maricopa County Superior Court.
DUI charges vary based on the facts of each case. For example, first offenses, drug DUIs, medical marijuana, out-of-state drivers, and boating DUIs all have different possible consequences. Your defense strategy should be customized to the specific circumstances of your case.
The penalties for a first-time Arizona DUI conviction can be severe and may include:
Many Apache Junction impaired driving cases result in plea deals. Having an attorney to represent you 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 penalties you may be subject to depend on the type of DUI conviction:
Aggravated DUIs in Apache Junction are felony-level crimes and are a criminal traffic matter.
Circumstances that can lead to an aggravated DUI charge include:
The consequences of an aggravated DUI conviction include mandatory prison time, substantial fines, the loss of your driving privileges, and probation. An aggravated DUI can 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.
A DUI prosecution is a criminal case. However, it takes more than a generic criminal defense law firm to give you a strong legal defense.
Arizona Board-Certified DUI defense attorneys who are accredited through the National College For DUI Defense (the only accredited organization in the U.S. authorized to award this title) know how to look for weaknesses that can cause reasonable doubt in your charges.
Currently, only four attorneys in Arizona are board-certified to defend DUI cases. Our leading attorney, Craig J. Rosenstein, is one of them as is the Managing Attorney, Jonathan Goebel.
Our experienced defense attorneys in the Rosenstein Law Group make sure our clients benefit from the following important DUI defense experience:
A DUI on your public record can have more than just legal consequences in your life. It may become barriers when you look for a job, apply for a loan, purchase a firearm, or look for a place to live.
With so much at stake, it is critical to hire experienced and reputable DUI defense counsel to protect your rights. An experienced Apache Junction DUI lawyer can provide you with peace of mind during this difficult time by ensuring that a qualified professional is looking out for you.
If you have been arrested for a DUI in Arizona, a Rosenstein Law Group attorney can walk you through the process. They can also accompany you to law enforcement interviews and help submit requests for case dismissal based on legal or procedural errors.
If case dismissal is not available, your Rosenstein Law Group DUI defense lawyer will present the strongest defense strategy based on your case’s specific circumstances. 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.
Possible defenses to a DUI charge that a strong defense by an experienced attorney can employ on your behalf can include:
Understanding how to react during a DUI stop can be instrumental in preventing or reducing the severity of a DUI charge.
Use the following tips to protect yourself as much as possible during a DUI arrest:
An experienced criminal defense attorney can take immediate steps to protect you and defend your rights against drunk driving charges. Your attorney can guide you through an arraignment hearing in Apache Junction Municipal Court and advise you on what plea to enter.
If you or someone you know has been arrested for allegedly driving under the influence in Apache Junction, Arizona, then contact the Rosenstein Law Group law office for immediate assistance. Our Apache Junction 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 an Apache Junction DUI lawyer today.