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Catalina Foothills is an unincorporated community and a suburb of Tucson, Arizona, with a population of 50,000. It is one of the more affluent communities in Arizona and is close to the Santa Catalina Mountains and the Sabino, Bear, and Pima Canyons.

Residents of Catalina Foothills prefer to enjoy peace and quiet in their community. That means that if you’re caught doing something illicit, such as being arrested and charged with driving under the influence (DUI), you may find yourself appearing at the City Court of Tucson.

If you are facing a DUI charge in Catalina Foothills, then call the Rosenstein Law Group at 480-248-7666 for a free DUI consultation. Our Catalina Foothills DUI lawyers include board certified Arizona DUI specialists who are experienced in all aspects of pre-trial plea negotiations and DUI trial defense. 

How Does Arizona Define What a DUI Offense Is?

You can find Arizona’s DUI law in statute ARS 28-1381. This statute defines DUI 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 Does Being Under the Influence of Alcohol or Drugs Mean?

If you are pulled over for suspicion of DUI in Catalina Foothills, the police officer will request you to give a breath or blood sample to measure your blood alcohol concentration (BAC). If you agree to provide a sample, and it returns a BAC level of 0.08% or more, then you are legally presumed to be impaired by alcohol.

If your driving is being affected by a non-alcoholic drug, the detection of any amount of that drug in your system also 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

Some DUI circumstances do not require a BAC of 0.08% to be charged with DUI, including:

• If you are a commercial driver with a BAC level as low as 0.04% 
• If you are under the age of 21 and have any BAC level above 0.00%

What Happens If I Refuse to Give a BAC Sample?

Your Arizona driver’s license means 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 (aside from 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 Catalina Foothills, then you have violated this implied consent.

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

Remember, even if you are acquitted of a DUI, the Arizona MVD suspension of your driver’s license will still be effective. 

What is an Intoxicating Drug?

Arizona law identifies many kinds of drugs and substances besides alcohol that can result in a DUI charge. Among 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 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 impaired your driving. 

What Does “Actual Physical Control” Mean?

A Catalina Foothills 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 has identified ways to explain the concept. The following are some of the factors that are considered in 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 Catalina Foothills DUIs?

If you are charged with misdemeanor DUI in Catalina Foothills, your traffic citation will identify the court you will need to appear in. In most cases, this may be the City Court of Tucson.

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 a DUI Arrest

Aggravated DUIs in Catalina Hills 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

For the best legal representation, your DUI defense attorney must tailor the strategy to the specific details of your case.

What are the Penalties for a Catalina Foothills DUI Conviction?

The penalties for even a first-time Arizona DUI conviction can be strict. They can include legal repercussions, such as charges and jail time, financial impacts, and even affect your life beyond the legal system. 

Many Catalina Foothills DUI cases are resolved with plea deals. To get the best outcome, you need an attorney who knows Arizona DUI laws, is a skilled negotiator, and can defend you if negotiations fail.

The type of DUI conviction the court imposes on you will decide what penalties a Catalina Foothills prosecutor can seek against you, as a traffic misdemeanor or a more serious offense under the Arizona criminal justice system.

• A standard DUI can result in a minimum of 10 days in jail, nine of which can be suspended upon successful completion of drug and/or alcohol treatment. You can also be subject to 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 a day in jail. For a second 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 DUI, 45 days for a super extreme DUI 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 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.

Board-Certified DUI Defense Lawyers in Catalina Foothills

Although a DUI prosecution is a criminal case, it still takes a criminal defense law firm specializing in Arizona DUI laws to give you the best legal advice and trial defense. Unfortunately, not every criminal defense attorney is experienced in practicing as a DUI defense lawyer.

For example, many DUI charges are based on properly conducted testing and trustworthy observations from arresting officers. A trained DUI attorney, like a Board-Certified DUI defense attorney accredited by the National College For DUI Defense, must spot weaknesses in these requirements to build a strong 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 as is our Managing Attorney, Jonathan Goebel.

Our team of experienced and trained DUI defense attorneys ensures 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 DUI Defense Lawyer Defends You 

A DUI conviction can lead to severe consequences that affect multiple aspects of your life. With such high stakes, hiring an experienced and reputable Catalina Foothills DUI lawyer is critical.  

If you have been arrested in Catalina Foothills for a criminal or misdemeanor DUI offense, one of our skilled Rosenstein Law Group DUI attorneys can help you:

• Navigate the detainment process and interactions with the police
• Avoid unintentionally incriminating yourself
• Submit a request for case dismissal based on an unlawful traffic stop
• Identify procedural errors by Catalina Foothills police or prosecutors
• Challenge how evidence against you is handled

Your Rosenstein Law Group DUI attorney will prepare the strongest DUI defense available for you. 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 Arizona DUI Defenses

An experienced DUI attorney can keep you from being convicted of a crime. At the very least, an attorney could help 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 lacks enough evidence 
• The prosecution has mishandled the evidence against you
• The Catalina Foothills police traffic stop or arrest was unlawful
• The police violated your constitutional rights, I.e., an unlawful search and seizure
• The police officer who arrested you failed to read to you your Miranda rights prior to being questioned while in custody

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

You need to know how to respond when facing a possible DUI charge in Catalina Foothills, starting when 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.

A DUI attorney from Rosenstein Law Group will act quickly to defend your rights, and guide you through the arraignment process and create a strong defense strategy to protect you from the consequences of a DUI conviction.

Contact Our Catalina Foothills DUI Lawyers Today for a Free Consultation

If you or someone you know has been arrested for allegedly driving under the influence in Catalina Foothills, Arizona, contact the Rosenstein Law Group law office as soon as possible. Our Arizona DUI lawyers have the legal experience to 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 Catalina Foothills DUI attorney today.