Sun City is a retirement community with a population of about 40,000 located within the greater Phoenix metropolitan area. An unincorporated community about 16 miles northwest of downtown Phoenix, Sun City has existed since 1960 on the site of what was once the ghost town of Marinette.

Residents and visitors to Sun City have no shortage of opportunities to stay active. Within its limits, you can find no fewer than eight golf courses, seven recreational centers, four lawn bowling locations, and the Sun Bowl Amphitheatre.

Because of its unincorporated status, Sun City does not have a municipal or justice court of its own. Instead, if you are pulled over for driving under the influence of alcohol or drugs in Sun City, you will usually find yourself facing an appearance in the Sun City Municipal Court.

Charges stemming from a DUI stop in Sun City are serious matters that require a thorough defense approach. Although you may believe you have the ability to defend yourself against a DUI prosecution, DUI charges demand the immediate attention of a proven Phoenix DUI lawyer.

At Rosenstein Law Group, our Sun City DUI Lawyers know how to successfully handle plea negotiations and trials for our clients.

Call us at our law office today at 480-248-7666 for a free DUI consultation to learn about possible strategies our criminal defense attorneys can use to defend you in your DUI case.

What Is a DUI in Arizona?

Arizona’s DUI statute, ARS 28-1381, sets forth two ways you can be charged with driving under the influence in Sun City:

  1. Driving while under the influence/impaired by any type of intoxicating liquor, drug, or vapor-based toxic substance; or
  2. If you are not driving, being intoxicated/impaired while you are in “actual physical control” of a parked vehicle

What Does Being Under the Influence of Alcohol or Drugs Mean?

If you are pulled over for suspicion of DUI in Sun City, 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 Level Cases Below the 0.08% Limit

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 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 back at the station or processing facility (not the portable breath testing device often administered on-scene, 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 Sun City, you have violated the terms of 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 a DUI, the Arizona MVD suspension of your driver’s license will still be in effect. 

Drug-Related DUIs

DUIs in Arizona do not only refer to the influence of alcohol. It is also a DUI offense in Arizona to drive or be in actual physical control of a vehicle with the slightest degree of impairment from drugs in your body.

Intoxicating illegal drugs that could lead to a DUI charge are listed in A.R.S. 13-3401 include:

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

A prescription-only drug for medical conditions can also lead to a DUI charge if you do not not have a valid prescription or if the drug has an impairing effect on you. If you are facing a DUI charge involving drugs in Sun City, contact a DUI defense lawyer right away to help you build a defense. 

What Does “Actual Physical Control” Mean?

A police officer in Sun City 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 court decisions have identified ways to explain the concept. 

The following are some of the factors that are considered in determining whether 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 Sun City DUIs?

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

DUI charges and penalties are dependent on the circumstances of 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.

Your Sun City DUI lawyer should tailor your defense strategy to the specific details of your case to ensure you receive the best legal representation.

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 Sun City DUI Arrest

Aggravated DUIs in Sun City 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 Maricopa County Superior Court in Phoenix, which handles serious criminal cases. 

Potential Penalties for a DUI Conviction in Sun City

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 Sun City impaired driving cases end with plea deals with lesser charges without going to trial. 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 Sun City

Although a DUI prosecution is a criminal case, it still takes a criminal defense law firm with legal focus and specific training in Arizona DUI laws to give you the best legal advice and trial defense. Not every criminal defense attorney is experienced in practicing DUI defense.

For example, Arizona DUI cases often rely on the results of breathalyzer samples, field sobriety tests, and the police officer’s personal observations when interacting with you during a traffic stop.

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 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.

Whatever your specific drunk driving charges may be, our best Arizona DUI attorneys make sure our clients benefit from the following:

  • Insight and skills of a legal team with decades of experience handling DUI cases
  • Representation for all types of DUI charges, including misdemeanor, extreme DUI, super extreme DUI, aggravated DUI charges, vehicular crimes, and other criminal charges
  • Personalized attention and individualized defense strategies

How Our Law Firm Can Defend You Against DUI Charges 

The serious consequences of a DUI conviction in the state of Arizona can significantly affect your future. With so much on the line, it is critical to hire experienced and reputable DUI defense counsel to protect your rights.

If you have been arrested under Arizona DUI laws, your attorney can walk you through the detainment process and accompany you to law enforcement interrogations and interviews to protect you from unintentional self-incrimination.

Your Rosenstein Law Group Sun City DUI attorney can also investigate your case to search for reasons to submit a request for case dismissal, such as an unlawful traffic stop or procedural errors. Our firm even has the resources to hire expert witnesses to strengthen your defense and counter the prosecution’s experts.

No matter your case’s circumstance, your Rosenstein Law Group DUI defense lawyer will craft a strong defense strategy tailored to your case for the best possible outcome.

Common DUI Defenses in Arizona

The strength of your criminal law defense can determine a DUI’s impact on your life and future. 

A strong defense by an experienced attorney against DUI charges in Sun City could potentially protect you from being convicted of a crime at all – or dramatically reduce the charges and penalties you face as a defendant.

Potential defenses to a DUI charge include:

  • You were not impaired
  • You were not in actual physical control of the vehicle
  • Unreliable or inaccurate drug or alcohol testing by the police
  • The prosecution lacks enough evidence to convict you
  • The prosecution has mishandled the evidence against you
  • The police traffic stop or arrest was unlawful
  • The police violated your constitutional rights
  • You were not read your Miranda rights when subjected to questioning while in custody

If you get arrested for allegedly driving under the influence in Sun City, protect yourself by using your right to remain silent. Don’t answer any questions or admit to consuming any drugs or alcohol when speaking to the police officer. 

As soon as possible, contact a Sun City DUI defense attorney near you for advice and legal representation. Your attorney can guide you through an arraignment hearing in Sun City Municipal Court or Maricopa County Superior Court, advise you on what plea to submit, and craft a strong defense strategy to guard you as much as possible.

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

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:

  • 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.

Your Rosenstein Law Group Sun City DUI lawyer will take immediate steps to defend your legal rights in a DUI matter, help navigate the process of an arraignment hearing in court, and advise you as to your rights available to you in order to assist in preparing the strongest possible defense strategy.

Contact Our Sun City DUI Lawyers Today for a Free Consultation

If you or someone you know has been arrested for allegedly driving under the influence in Sun City, Arizona, contact the Rosenstein Law Group law office for immediate assistance. Our Sun City 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 our Phoenix DUI attorney practice at 480-248-7666 or contact us online for a free case evaluation with an Arizona DUI lawyer today.

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