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A DUI charge in Arizona is a serious matter that can threaten your personal liberty, your finances, your rights, and your reputation.
Whether you are facing a first-offense DUI charge in Tempe Municipal Court or have been charged with repeat DUI arrests, talk to an experienced Tempe DUI defense attorney at the Rosenstein Law Group by calling (480) 248-7666 to learn in a free consultation how we can protect you.
After police have alleged that you were driving while drunk or were driving while under the influence of drugs, a DUI prosecutor will most likely make an effort to convict you. You need an experienced Tempe DUI attorney to balance the equation and help ensure your rights are protected throughout the process.
An effective local DUI defense attorney in Tempe, AZ may well mean the difference for you between a peaceful life and never-ending troubles, including:
Hiring the right attorney for your Tempe DUI case is critical for your future. Rosenstein Law Group has the only two board-certified DUI defense attorneys in Maricopa County. We have successfully defended numerous jury trials for our clients, including many successful case acquittals in Tempe DUI cases.
We understand how Arizona’s DUI laws and criminal law justice system work—and how to defend our clients against criminal charges. When your future is on the line, come to us for aggressive defense tactics and quality legal services.
The crime of driving under the influence is defined under Arizona law as driving or being in actual physical control of a vehicle while under the influence of an intoxicating liquor or drug. The elements that the prosecution must prove beyond a reasonable doubt to secure a DUI conviction are:
With a BAC at or above the legal limit, you are automatically presumed to be intoxicated and will be arrested for DUI. Even with a lesser BAC, however, you can be arrested for an alleged DUI if the officer believes the driver is impaired. A DUI can also refer to impairment by a drug – including prescription medications.
If you are arrested for an alleged DUI offense, the court will determine the exact charges to enter based on the information provided. You will hear these charges during your arraignment or the pretrial hearing.
The charges are based on the circumstances of the arrest and the evidence collected against you. There are four levels of DUI charges under Arizona law, each with different consequences:
The class of felony charged for an aggravated DUI in Arizona depends on the severity of the circumstances. For example, if a drunk driver causes serious bodily injuries or death he or she will most likely face a higher-class felony charge. The more severe the alleged crime, the worse the charges and penalties are upon conviction.
Drinking alcohol and driving is not the only action that could lead to a DUI arrest in Tempe. Driving under the intoxicating influence of any drug, including prescription medications and medical marijuana, is also against the law.
A drug DUI in Arizona can result in the same penalties as an alcohol-related DUI; the minimum penalty is 10 days in jail, but nine of them may be suspended by completing a drug screening.
You may also be subjected to mandatory drug treatment as part of his or her sentence.
It does not matter if you have a valid prescription for the intoxicating drug. If the drug or medication has any effects that impair your ability to safely drive or control a motor vehicle, then you could be convicted of a DUI in Tempe.
It is also against the law to drive under the influence of marijuana, even if consumption of the drug is permitted under Arizona’s medical or recreational marijuana laws. You may also face additional criminal charges for other drug crimes, such as drug trafficking, if you are caught in possession of drugs or drug paraphernalia in your vehicle If this is the case, our criminal defense attorneys can help.
It is normal to feel frightened or overwhelmed when being arrested for a DUI. However, it is important to remain calm and remember that there are certain things you should do to immediately protect your rights. If you can, take the following steps:
Once you’ve contacted our lawyers, we can take care of next steps for you. This can include helping you get out of jail while you wait for your arraignment hearing and developing a defense strategy to achieve the best possible DUI case results on your behalf.
Being convicted of a DUI in Tempe can have a wide range of ramifications on your life and future. This includes legal consequences and penalties, such as a criminal sentence, and implications on your personal and professional life.
For example, being convicted of a felony DUI can permanently take away certain constitutional rights, such as your right to vote and bear arms. And if this is not your first DUI offense, you can face more severe consequences.
The penalties listed for different DUI charges under Arizona law include:
Other penalties include community service, restitution to victims, and mandatory traffic school and/or drug and alcohol counseling.
It is critical to not underestimate the impact that a DUI conviction can have on your life. It can interfere with your freedom, education, scholarships, driving privilege, career, ability to obtain employment, parental rights, personal relationships with others, financial situation, and more. Protect yourself by retaining an experienced DUI defense lawyer in Tempe.
There are many ways to fight a DUI charge. Your lawyer may be able to have evidence against you thrown out, such as evidence from an inaccurate breath test or evidence collected illegally. This could lead to case dismissal due to insufficient evidence or establish reasonable doubt.
Other defense strategies an experienced Tempe DUI lawyer might employ include:
If it isn’t possible to achieve case dismissal with your defense strategy, your criminal defense attorney can work to reduce the charges against you and the penalties that you face instead.
You can trust your attorney to negotiate a fair plea deal with the prosecution based on the circumstances of your case and your criminal history. Our lawyers use proven and aggressive DUI defense tactics to protect our clients as much as possible.
Hiring the best lawyer to take on your Tempe DUI defense case requires due diligence on your part. Schedule more than one free case consultation with top defense lawyers in your city. Then, during your initial consultations with the lawyer, ask a few key questions to find out if he or she has the experience and ability to handle your DUI case.
The traits that you should be looking for in a defense lawyer include:
Overall, you should feel good about the lawyer that you choose to represent you. Your future is at stake when facing Arizona DUI charges. You should be confident in your lawyer’s ability to understand your charges and argue against them with strong, personalized defense strategies.
Your lawyer should also have the resources to hire experts, the ability to negotiate a plea agreement, and the storytelling powers to make a persuasive case in your defense.
Although rates can vary widely by lawyer and law firm, a DUI defense lawyer in Tempe, Arizona typically charges between $350 and $600 per hour.
Some criminal defense lawyers charge a flat rate rather than an hourly rate, which can range from $1,500 to $3,000 or more depending on the circumstances. If the case goes to trial and requires more work from the attorney, expect higher legal fees. You may or may not have to pay a retainer fee upfront to initiate the case.
The amount that your lawyer costs will depend on the attorney and your specific case, including how long the case will take to resolve. However, the price of hiring a DUI lawyer is well worth what you will get in return as a defendant – an exceptional advocate fighting for your rights and protecting you from the worst possible penalties associated with your charges.
Paying for a DUI defense lawyer can also save you thousands in fines, fees, penalties, and other significant consequences related to being convicted of DUI.
If you have been arrested for DUI in Arizona, each day that passes reduces the opportunities to fight back and limit the consequences. Contact Rosenstein Law Group today to speak with a skilled DUI lawyer day or night for a free initial consultation.
Our criminal and DUI lawyers provide aggressive legal representation in criminal and DUI defense cases in Tempe and throughout Arizona.