Scottsdale DUI Attorney
Getting pulled over for driving under the influence is serious. A DUI is a criminal offense that can include jail time, a conviction on your record, and negative effects on your employment and reputation.
Scottsdale has among the most aggressive DUI laws and enforcement in the country. If you are charged with driving under the influence, a Scottsdale DUI lawyer at Grand Canyon Law Group can help. We can negotiate a plea bargain, work to get the penalty reduced, or be successful in dismissal of your case through evidentiary hearings or trial, where appropriate.
We are former DUI prosecutors and know the best approach for the best possible outcome in your case. In fact, one of our founding partners was a DUI prosecutor in Scottsdale for several years and has tried many DUI cases in front of the Scottsdale judges. No one knows the prosecution and judges’ policies and practices better than we do, and this benefits our clients in obtaining the best result possible.
For a free legal consultation with a dui lawyer serving Scottsdale, call 480-400-5555
SCOTTSDALE DUI CATEGORIES
Scottsdale follows Arizona DUI laws, which are codified in Arizona Revised Statutes (ARS) Sections 28-1381 through 1383. There are various DUI categories:
- Driving while under the impairment of alcohol or drugs if one is impaired to the “slightest degree” (ARS Section 28-1381 (A)(1))
- Driving with a blood alcohol concentration (BAC) of 0.08 percent or more (ARS Section 28-1381 (A)(2))
- Driving with a BAC of 0.15 percent or more, an extreme DUI (ARS Section 28-1382(A)(1))
- Driving or actual physical control of a vehicle with a BAC of over .20% within 2 hours of driving, is a “super-extreme” DUI (ARS 281382(A)(2))
- Aggravated or Felony DUI – when one has had multiple DUIs (more than three DUIs in seven years), or the DUI was committed with a suspended or revoked driver’s license, or the DUI occurred while one under 15 years of age was in the car, or if as a result of the DUI, property damage, injury, or death occured (ARS Section 28-1383) (This would be charged in Maricopa County Superior Court because it is a felony, and Scottsdale City Court only has jurisdiction over misdemeanors).
- Driving under the influence of drugs or vapor releasing substance (ARS 28-1381(A)(1) and (A) (3))
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SCOTTSDALE DUI PENALTIES
Scottsdale DUI penalties are strict and vary depending on the driver’s BAC and whether there are prior convictions, bad behavior, actual danger to others, or an accident. Consulting a seasoned DUI lawyer in Scottsdale may help one understand the severity of their charges and the varied penalties they may face and could help strategize defenses. More importantly, we can put together a proactive plan to overcome any of the bad aspects to a case to minimize the damage or fight the legal aspects of the case.
FIRST OFFENSE DUI PENALTIES
Pursuant to Section 28-1381 of the Arizona Revised Statutes, one who is caught driving with a 0.08 percent BAC or higher may be found guilty of DUI in Scottsdale, AZ. If one is found impaired to the slightest degree under the influence of any amount of alcohol or drugs, they may be charged.
A first offense for a DUI with a BAC of 0.08 percent or more is considered a class one misdemeanor which carries the following penalties: minimum ten days in jail; minimum of $1250 in fines/ fees plus surcharges; possible community service, installation of an ignition interlock device; and completion of an alcohol/drug screening, and treatment program. If you are charged with DUI first time, contact our Scottsdale first-offense DUI lawyer.
REPEAT DUI OFFENSE PENALTIES
ARS Section 28-1381(K) lays out the penalties for repeat DUI offenders. A repeat offense within seven years (84 months) of the “impaired to the slightest” or the .08 DUI carries the following penalties: minimum jail sentence of 90 days; minimum of $3,000 in fines; minimum 30 hours of community service; license revocation for 12 months; completion of an alcohol/drug screening, and treatment program; and/or, community service.
EXTREME DUI PENALTIES
Under ARS Section 28-1382, anyone arrested with a BAC of 0.15 percent or higher can be charged with an extreme DUI. A conviction for a first offense for an extreme DUI includes minimum 30 days in jail, minimum $2,500 fine, installing an ignition interlock device, completion of an alcohol or drug program, and community service.
AGGRAVATED DUI PENALTIES
Under ARS Section 28-1383, an aggravated DUI is considered a felony and carries the following penalties: Mandatory prison term of four months followed by probation, or 1-3.75 years in prison with no probation; suspension of driver’s license of three years; completion of an alcohol or drug screening program; installation of an ignition interlock device in their vehicle; and community service.
The penalties for various DUIs in Scottsdale are strict. The judge has the discretion to add or mitigate according to the Criminal Code Sentencing Provision, especially in cases of repeated offenses. Consulting with a knowledgeable Scottsdale DUI attorney will help in proving mitigating factors and minimizing the sentence.
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DUI DEFENSES IN SCOTTSDALE
DUI cases are among the most common in Arizona criminal courts. When you face allegations of driving under the influence, it is essential to remember that there are many potential defenses to these charges. Prosecutors must always prove that a person violated the law beyond a reasonable doubt. A skilled attorney can create this doubt and work to prevent a conviction.
Discuss your case with a lawyer well-versed in DUI defenses in Scottsdale. At Grand Canyon Law Group, our dedicated Scottsdale criminal defense lawyers team is made up of former prosecutors who know how to handle your case the right way. We are ready to determine an effective strategy for your circumstances.
THE STATE’S DUI STATUTE
Understanding the state’s DUI statute is essential to contest an impaired driving charge effectively. According to Arizona Revised Statute § 28-1381, operating a vehicle under the influence of drugs or alcohol is illegal.
A prosecutor may attempt to prove a DUI charge in two main ways. The first is by showing the driver had over the legal limit of a substance in their body. For alcohol, this means having a blood/alcohol level of .08 percent or more. When applied to drug cases, even a trace amount can justify an arrest and prosecution.
The other way a prosecutor may work to prove a DUI is by using an officer’s observations. Even without a blood, breath, or urine test, an officer can still arrest a driver based on no more than their interactions. The Scottsdale lawyers at our firm can build a powerful DUI defense against an officer’s observations or question the accuracy of test results.
CHOOSING THE BEST DEFENSE PLAN FOR A DUI CASE
Every DUI case involves unique circumstances and requires a tailored defense. For example, a case may revolve around a supposed blood/alcohol content resulting from a breathalyzer test. However, these tests are notoriously unreliable, and an arresting officer may not have properly used their equipment. Alternatively, they may not have followed proper procedures when collecting blood to check for intoxication due to the use of drugs. A DUI defense attorney at our firm could challenge these processes at trial.
A defense could also center around the reliability of a police officer’s observations during a traffic stop. Prosecutors often build DUI cases around field sobriety test results. These tests are non-scientific and rely on the officer’s subjective judgment. During cross-examination at trial, a skilled Scottsdale lawyer could challenge an officer’s conclusions and defend against the DUI charges.
It may also be possible to raise legal challenges to the arrest. Police officers need reasonable suspicion to make a traffic stop. They may allege that a driver crossed over a double yellow line or was moving at an inappropriate speed. Our experienced attorneys at Grand Canyon Law Group could work to dispute the legality of a traffic stop that led to a DUI arrest. A successful challenge could see a judge dismissing the charge.
EXPLORE DUI DEFENSES WITH A SCOTTSDALE LAWYER
A tailored defense to your DUI charges is crucial to protecting your future. Convictions come with severe penalties that will affect your freedom and ability to continue driving. You need to understand that state’s DUI laws and be ready to develop a defense that fits the facts of your case.
Grand Canyon Law Group can explain your options for DUI defenses in Scottsdale and work tirelessly to preserve your way of life. We are prepared to investigate the events that led to your arrest. Depending on the circumstances, we could argue that a blood/alcohol test was faulty, that an officer did not have reasonable cause to make an arrest, or that a traffic stop violated your Constitutional rights.
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Mistakes to Avoid Following a DUI Arrest
Being arrested for a crime can be upsetting and humiliating. DUI charges are non-violent crimes that could happen to almost anyone. That being said, it is important to avoid escalating the situation. Do not argue or talk back to the police. Doing so could be construed as resisting arrest.
Be polite and cooperative, but do not say anything that could be self-incriminating. Police are trained to try and trick people into admitting guilt. If the police ask if you know why you are pulled over or if you were drinking, politely decline to answer.
A DUI typically requires booking in the county jail. Do not discuss the circumstances of your case while you are being booked and processed. It can be tempting to vent, but anything you say publicly can be used against you.
As soon as you post bond, contact an attorney. Legal representation can greatly reduce the chances that you face the harshest penalties under the law.
How Will I Be Able to Drive While Facing Criminal Charges?
If you were recently arrested for DUI, your attorney can take steps to restore your driving privileges but it is important to understand that there are many situations where your license could remain suspended for a lengthy period of time, depending on the circumstances of your case.
According to the state Motor Vehicle Division (MVD), if you drive with a blood alcohol concentration of .08 or more, you will lose your driving privileges on the spot. You may be required to complete a drug screening before you can obtain a restricted permit.
If you refuse or fail to complete tests during a DUI vehicle arrest in Arizona, your driving privilege will be automatically suspended: 12 months for a first refusal or 24 months for a second refusal within 84 months.
You must also undergo alcohol or drug screening to qualify for a restricted permit or to reinstate your driving privileges. Additionally, for second or third DUI offenses, your driving privilege will be automatically revoked, aside from any court-imposed criminal penalties.
With the help of a criminal defense attorney in court, you may be able to reinstate your driver’s license. Taking a drug education class or treatment program is typically required. You must provide proof of completion to the MVD.
There will probably be fees to pay as well. These could include a reinstatement fee.You may need to install an ignition interlock device (IID) in your vehicle.
What to Expect While Facing Criminal Charges in Scottsdale
In Arizona, DUI criminal case proceedings start with the arrest and booking, where the police record your personal information and fingerprints. Within 24 hours, you attend an initial appearance before a judge who informs you of the charges, rights, and bail options.
During the arraignment, you enter a plea of guilty or not guilty. Pretrial conferences follow, where your attorney and the prosecutor discuss the case, evidence, and possible plea deals, and your attorney may file motions to suppress evidence or dismiss charges. Plea bargaining may occur, offering you a chance to plead guilty to lesser charges for a lighter sentence.
As the case moves forward, you will likely have to comply with restrictions set by the court. This may include the placement of an ignition interlock device. Education classes are often required as well. If you accept a plea bargain offer, the case will be closed once you complete the terms of the plea bargain agreement.
If the case goes to trial, it involves jury selection, opening statements, presentation of evidence, cross-examination of witnesses, closing arguments, and the jury or judge delivering a verdict.
If found guilty, the judge imposes penalties such as jail time, fines, community service, probation, and mandatory alcohol education programs. You may appeal the conviction or sentence to a higher court if there were legal errors in your trial.
Scottsdale DUI FAQs
Q: Can I Be Given a DUI Even If I Am Not Driving
A: Many people mistakenly believe that you can only be arrested for a DUI in Arizona if you are actively driving. You do not have to be driving to be in actual physical control of your vehicle. One example would be someone who was found sleeping in their car with the engine running.
They may have intended to sleep off their drunkenness only to find that they are charged with a DUI. While you may be able to argue that you did not intend to drive your car, the elements of the offense will likely stick.
Q: How Much Does a DUI Lawyer Cost in Arizona?
A: The cost of a DUI lawyer very much depends on how complex your case is and the hourly rate charged by your attorney. Some criminal defense attorneys charge a flat fee. More experienced lawyers who have successfully helped clients resolve cases on favorable terms tend to charge more than less experienced attorneys.
Q: Is It Worth Getting a Lawyer for DUI in Arizona?
A: Considering the potential penalties for a criminal conviction, getting a lawyer is probably well worth the investment. Maybe people tend to focus on the upfront cost of legal representation, but the long-term consequences of a criminal record could negatively affect your personal and professional life for decades.
Q: Can a Lawyer Get You Out of a DUI in Arizona?
A: Yes, a lawyer can help you with a DUI charge in Arizona by identifying procedural errors, negotiating plea deals, or challenging evidence. However, getting completely out of a DUI depends on the specifics of the case. If there is not sufficient evidence for prosecutors to find you guilty beyond a reasonable doubt, that can help your case.
Q: Can My DUI Charges Be Lowered to a Lower Charge?
A: Your DUI charge may be lowered if your attorney can show the court that you did not commit the crime you are accused of. In other cases, there may be mitigating circumstances that allow prosecutors to reduce the severity of the criminal charge. Common lower-level offenses include reckless driving and endangerment. Both charges come with lower criminal penalties.
CALL AN EXPERIENCED SCOTTSDALE DUI LAWYER TODAY
A DUI charge is scary and overwhelming, but all is not lost. A seasoned DUI lawyer at Grand Canyon Law Group may be able to help you understand your rights, navigate the court system, and establish all defenses needed to mitigate or even dismiss your case.
In a DUI case, time matters. Call a Scottsdale DUI attorney trained in the complexities of DUI cases today.
Call or text 480-400-5555 or complete a Free Case Evaluation form
