Fraud Blocker
Available 24/7 480-400-5555

Scottsdale DUI Lawyer

Home /  Scottsdale DUI Lawyer

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.

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))

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 attorney 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. 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.

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.

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 defense 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.

CALL AN EXPERIENCED SCOTTSDALE DUI ATTORNEY 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.

Schedule A Consultation With The Grand Canyon Attorney Who Can Help