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DUI criminal charges in Mesa, Arizona, are a serious matter that requires 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 Mesa DUI lawyer.
At Rosenstein Law Group, our Mesa DUI lawyers know how to handle plea negotiations and trials successfully 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.
Arizona DUI laws define driving under the influence as operating or being in actual physical control of a motor vehicle while under the influence of any type of intoxicating liquor, drug, or vapor-based toxic substance.
If you have a blood alcohol concentration (BAC) level of 0.08 percent or higher, you are legally presumed to be driving under the influence of alcohol. You can also get a DUI with a lower BAC level, such as if you are a commercial driver (0.04 BAC limit) or are underage (any BAC level counts against you).
It is possible to get a DUI in Arizona if you are not driving the car or are just sitting in the driver’s seat. If a passenger in a vehicle is in “actual physical control” of a vehicle, or have access to the keys to the vehicle nearby, they may be considered in control of the vehicle’s function and could be considered responsible.
The Arizona criminal justice system has several different types of DUI charges based on the circumstances of the alleged crime.
These DUI charges can increase in severity based on factors such as your BAC level, any criminal background, and the consequences of the DUI.
Arizona Revised Statutes 28-1381 to 28-1385 list the levels of DUI charges:
DUI charges can also involve unique factors that are specific to each case, such as a first-offense DUI, a drug DUI, a medical marijuana DUI, an out-of-state driver DUI, or a boating DUI. It is essential for your criminal defense attorney to tailor your defense strategy based on the exact circumstances of your individual case.
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 illegal drugs or metabolites in your body. Intoxicating illegal drugs that could lead to a DUI charge are listed in A.R.S. 13-3401 and include:
A prescription-only medication by a legal drug can also lead to a DUI charge if the person does not have a valid prescription or if the drug has an impairing effect on the driver. If you are facing a DUI charge involving drugs in Mesa, contact a DUI defense lawyer right away to help you build a defense.
Arizona has some of the strictest DUI laws in the United States and penalizes driving under the influence crimes harshly. Even if this is your first drunk driving charge, you could be facing jail time and other severe penalties. This is why hiring an attorney to protect your rights upon arrest is important.
The type of DUI conviction will determine the potential penalties that a Mesa prosecutor can seek against you:
An ignition interlock device is a piece of equipment that you install in your vehicle (at your own expense) that will not permit your engine to start if you blow a breathalyzer test that registers alcohol. If you receive another DUI while you have an ignition interlock device installed, the penalties against you will be increased.
Under Arizona law, when you receive your Arizona driver’s license you automatically give your implied consent to submit to DUI breath, chemical, or blood tests during traffic stops. If you refuse to take a breathalyzer test when stopped for an alleged DUI in Mesa, your driving privileges will most likely be automatically revoked for one year by the Arizona Motor Vehicles Division (MVD).
Even if you are not convicted of a DUI, the Arizona MVD suspension of your driver’s license will remain in effect. Additionally, police officers can use the fact that you refused to take the test against you to prove a DUI case.
However, there may be situations in which it is best for you not to take a breathalyzer, blood, or urine test. Consult with a DUI defense attorney immediately to determine the right choice for you.
Although a DUI prosecution is a criminal case, defending DUI charges takes more than just understanding the elements of the charged offense. DUI cases often rely heavily on the results of breathalyzer samples, field sobriety tests, and the police officer’s personal observations when interacting with you during a traffic stop.
Knowing how to look for weaknesses in these police evidence-gathering techniques is an important part of the training needed to become an Arizona Board-Certified DUI defense attorney through the National College For DUI Defense – the only accredited organization in the U.S. authorized to award this title.
Currently, only five attorneys in Arizona are board-certified to defend DUI cases. Attorney Craig J. Rosenstein and Jonathan Goebel of our firm is one of them.
Whatever your specific drunk driving charges may be, our experienced defense attorneys make sure our clients benefit from the following:
The serious consequences of a DUI conviction in the state of Arizona could significantly affect your future. With so much on the line, hiring experienced and reputable DUI defense counsel is critical to protect your rights. An experienced Mesa DUI lawyer can provide you with peace of mind during this difficult time because you will know that a dedicated DUI defense professional is looking out for you.
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 Mesa 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.
If case dismissal is not available to you, your Rosenstein Law Group DUI defense lawyer will present a strong defense strategy based on the specific circumstances of your case for optimal results. Our law firm has the resources to hire expert witness professionals to strengthen your defense and to counter the testimony of any expert witnesses the DUI prosecutor calls on.
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 Mesa could potentially protect you from being convicted of a crime – or dramatically reduce the charges and penalties you face as a defendant.
Potential defenses to a DUI charge include:
If you get arrested for allegedly driving under the influence in Mesa, 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. Then, contact a Mesa DUI defense attorney near you as soon as possible for advice and legal representation.
It is essential to know exactly what to do if you get accused of driving under the influence in Mesa. During your traffic stop, the police officer will watch you closely and judge your actions to search for signs of impairment. Use the following tips to protect yourself as much as possible during a DUI arrest:
An experienced criminal defense attorney can take immediate steps to protect you and defend your rights against drunk driving charges. Your attorney can guide you through an arraignment hearing in Mesa Municipal Court or Maricopa County Superior Court and advise you on what plea to submit. Then, your Mesa DUI lawyer will craft a strong defense strategy to guard you as much as possible from a DUI conviction.
Being arrested for a DUI can be a frightening and confusing experience. It is normal to have a lot of questions and concerns during this time. Below are some answers to frequently asked questions our DUI attorneys receive from clients:
The BAC limit for the average driver is 0.08 percent. For commercial drivers, it is 0.04 percent. If a driver is under the legal drinking age of 21, any discernible BAC can lead to arrest. Note that you could face DUI charges even if you are under the legal limit if you appear intoxicated.
Yes. You can get a DUI for drugged driving, including with prescription medications. Driving under the influence of marijuana is also against the law in Arizona.
You will likely have to spend at least 24 hours in jail after a Mesa DUI arrest. You will then be released ahead of your first hearing. If you are convicted, your prison or jail sentence will depend on the circumstances.
It depends on the severity of the offense. A standard DUI is a misdemeanor. If you have a high BAC, a child under the age of 15 in the car, a history of prior DUI arrests, or you caused a car accident, it may be a felony.
An experienced DUI criminal defense attorney can look for issues with your arrest and the collection of evidence to try to have your case dismissed. Your DUI attorney can also negotiate with the prosecution for dismissed or reduced DUI charges.
For more information, request a free consultation at Rosenstein Law Group. Our Mesa criminal defense lawyers will listen to your story and answer questions about your specific case at no charge or obligation to hire us.
If you or someone you know has been arrested for allegedly driving under the influence in Mesa, Arizona, contact the Rosenstein Law Group law office for immediate assistance. Our Mesa 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 Mesa DUI lawyer today.
We represent clients facing charges of criminal offenses throughout all of Arizona.