Although Green Valley, Arizona, is not a town but an unincorporated community in Pima County, it has historical significance dating back to the 17th Century. From the San Xavier del Bac Mission church (the oldest intact European structure in Arizona) to the Titan Missile Museum, Green Valley has many places to see that will resonate with history buffs.

Green Valley today is known mainly as a retirement community for residents and “snowbirds” alike, with a resident median age of more than 70 years old. This can make driving under the influence of drugs and alcohol there even more problematic due to its vulnerable population. As a result, Green Valley Justice Court takes the DUIs very seriously.

If you are charged with DUI in Green Valley, call the Rosenstein Law Group at 480-248-7666 for a free DUI consultation. Our Green Valley DUI lawyers include certified Arizona DUI specialists who are highly experienced in pre-trial plea negotiations and DUI trial defense. 

Call us at our law office today to learn how our criminal defense attorneys can help you defend yourself against DUI charges.

What is an Arizona DUI Offense?

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 Green Valley, the police officer will seek to get you to give a breath or blood sample to measure your blood alcohol concentration (BAC). If you agree and the sample returns a BAC level of 0.08% or more, you are legally presumed to be impaired by alcohol.

If a non-alcoholic drug is affecting your driving, its presence in your system qualifies as being under the influence, including medications a licensed physician has prescribed to you. 

Special BAC Concentrations that Can Lead to a DUI Charge

In some alcohol-related DUI situations, you do not need to have a BAC of 0.08 to be charged with DUI under Arizona law:

  • If you are a commercial driver, you are presumed to be under the influence of alcohol with a BAC level as low as 0.04. 
  • If you are under the age of 21, then any BAC level carries a presumption of impairment and will result in an underage DUI charge.

What Happens If I Refuse 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 back at the station or processing facility (this is not 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 Green Valley, then you have violated 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. 

Note that even if you are not convicted, the Arizona MVD suspension of your driver’s license will remain in place. 

What is an Intoxicating Substance?

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 might not even know about. However, a few 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)

Green Valley law enforcement 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.

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

A Green 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 case law has identified ways to explain what it can be. The following are some of the factors that are considered in determining if 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 Kinds of DUIs Does the Green Valley Justice Court Hear?

If you are charged with misdemeanor DUI in Green Valley, most cases will be under the jurisdiction of the Green Valley Justice Court or the Green Valley Municipal Court. 

DUI charges have unique elements and considerations that are unique to each case. It can make a difference if your case is a first-time or subsequent DUI offense, a drug DUI, a medical marijuana DUI, an out-of-state driver DUI, or a boating DUI. Every case stands or falls on its own facts.

Your DUI defense attorney must craft your defense strategy with particular attention to its underlying circumstances to provide the best possible legal representation.

Types of Misdemeanor DUI Charges Based on BAC Levels

DUI TypeDescription
Standard DUIApplies to a BAC of 0.01 to 0.149 or under the influence of an intoxicating substance
Extreme DUIApplies to a BAC between 0.15 and 0.199
Super Extreme DUIApplies if your BAC level is more than 0.199
Underage DUIApplies to any BAC reading greater than 0.00 for individuals under 21 years old

Felony DUI Charges from an Green Valley DUI Arrest

Aggravated DUIs in Green Valley are felony-level crimes. 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

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 in Tucson. The consequences of an aggravated DUI conviction 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.

What are the Penalties for a Green 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 Green Valley DUI cases result in plea deals to a lesser charge without going to trial. To improve your chances of this happening, hiring an attorney who is experienced, a skilled negotiator, and a strong defense presenter is a must.

The type of DUI conviction the court imposes on you will decide what penalties a Green Valley 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 Green Valley, Arizona

Although a DUI prosecution is a criminal charge, it is not an ordinary criminal defense matter. It still takes a criminal 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) can make the difference for you in defending yourself against a DUI charge. 

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 team of 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” felony 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 

An Arizona DUI conviction can affect your civil rights long after you complete your sentence. 

Even a misdemeanor DUI conviction in Green Valley can have significant negative long-term effects on you wherever you go in Arizona. For example, you may have difficulty getting a job, securing financing, buying and/or possessing a firearm (if felony conviction results), or finding housing.

With so much on the line for you in both the short and long term, it is vital that you hire experienced and reputable DUI legal representation. An experienced Green Valley DUI lawyer can give you peace of mind during this difficult time, ensuring that you have a dedicated DUI defense professional standing in for you with the court.

If you have been arrested in Green Valley for a DUI offense, your Rosenstein Law Group attorney can help you through the entire DUI process, including:

  • Helping you through the detainment process
  • Accompanying you to law enforcement interviews
  • Assisting in avoiding unintentional self-incrimination
  • Seeking case dismissal due to an unlawful traffic stop or procedural errors
  • Preparing a strong DUI defense available
  • Hiring expert witnesses to strengthen your defense
  • Countering the testimony of the prosecution’s expert witnesses

Common DUI Defenses

A strong defense by an experienced attorney against DUI charges in Green Valley may keep you from being convicted of a crime. At the very least, their support may reduce the charges and penalties you face as a defendant.

Potential 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
  • Drug or alcohol testing was unreliable or inaccurate.
  • The prosecution lacks enough evidence 
  • The prosecution has mishandled the evidence against you
  • The Green Valley police traffic stop or arrest was unlawful
  • The police violated your constitutional rights, such as through an unlawful search and seizure
  • You were not read your Miranda rights when subjected to questioning while in custody

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

Knowing how to handle yourself and what steps to take when you are pulled over for a DUI in the Green Valley can be the make or break of your conviction. 

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 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 navigate the process of an arraignment hearing in Green Valley Justice Court.

Contact Our Green Valley DUI Lawyers Today for a Free Consultation

If you or someone you know has been arrested for allegedly driving under the influence in Green Valley, Arizona, contact the Rosenstein Law Group law office as soon as possible. Our Green Valley 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 a Green Valley DUI lawyer today.

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