If a loved one or someone you know is currently facing charges for driving under the influence (DUI), acting fast to find experienced legal representation should be your first priority. With serious criminal penalties and a number of long-term consequences at stake, DUI charges demand the immediate attention of a proven Mesa DUI lawyer.
At Rosenstein Law Group, our lawyers have proven that we know how to handle these cases successfully for our clients. Call us today at 480-248-7666 to learn about possible defense strategies that could be used in your case.
Whatever the specific charge may be, we make sure our clients benefit from the following:
The consequences of a DUI conviction in Arizona are strict and could significantly affect your future. With so much on the line, it is critical to hire an experienced and reputable DUI defense lawyer in Mesa to protect your rights. An attorney can provide counsel and advice, lending you as much peace of mind as possible during this difficult time.
If you have been arrested, your attorney can talk you through the detainment process and accompany you to law enforcement interrogations and interviews to protect you from unintentional self-incrimination. Your 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, your DUI defense lawyer will present a strong defense strategy based on the specific circumstances of your case for optimal results. A law firm will have the resources to hire professionals to strengthen your defense, such as experts to provide counter-testimony to the prosecutor’s experts.
Driving under the influence is defined as driving or being in actual physical control of a motor vehicle while under the influence of any type of intoxicating liquor, drug or vapor-releasing substance containing a toxic substance, under Arizona Revised Statute 28-1381. If a driver has a blood alcohol concentration (BAC) level of 0.08 percent or higher, he or she is presumed to be drunk; however, a driver can get a DUI with a lower BAC. Being in control of a motor vehicle under the influence of an intoxicating drug can also result in a DUI conviction.
Being in “actual physical control” of a vehicle does not necessarily mean being behind the wheel; it is possible to get a DUI in Arizona even if you were not technically driving the car. Arizona is also a Zero Tolerance state for underage drinking and driving. This means if you are under the age of 21 and are caught driving with any detectable amount of alcohol in your system (0.02 percent or more), you could receive a DUI. Finally, there is a lower BAC limit for commercial drivers of 0.04 percent rather than 0.08 percent.
Arizona has several different types of DUI charges based on the circumstances of the alleged crime. DUI charges can increase in severity based on factors such as the individual’s BAC level, criminal background and the consequences of the crime. Arizona Revised Statutes 28-1381 to 28-1385 list the levels of DUI charges, which are as follows:
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 important for your criminal defense attorney to tailor your defense strategy based on the exact circumstances of your individual case.
DUI in Arizona does not only refer to the influence of alcohol; it is a DUI offense in Arizona to drive or be in actual physical control of a vehicle with drugs or metabolites in your body, as well. Intoxicating drugs that could lead to a DUI charge are listed in A.R.S. 13-3401 and include:
Prescription-only medications can also lead to a DUI charge if the individual 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.
The type of DUI conviction will determine the potential penalties. A standard DUI in Arizona can result in up to 10 days in jail, over $1,000 in fees and surcharges, driver’s license suspension, and mandatory ignition interlock device installation. An extreme or super extreme DUI is a more severe charge that will carry a mandatory jail sentence in addition to the above-mentioned penalties. The consequences of an aggravated DUI conviction can include prison time, substantial fines, the loss of your driving privileges and probation. This crime could be charged as a class 4 to class 6 felony.
All motor vehicle drivers in Arizona give their implied consent to submit to DUI breath or chemical tests during traffic stops when they receive their driver’s licenses. If you refuse to take a test when stopped for an alleged DUI in Mesa, your driving privileges will most likely be automatically revoked for one year.
Even if you are not convicted of a DUI, the suspension of your driver’s license will remain in effect. In addition, the police can use the fact that you refused to take the test against you to prove a DUI case. However, there may be some scenarios where it is best for you not to take the Breathalyzer or urine test. Consult with a DUI defense attorney immediately to determine the right choice for you.
The strength of your criminal defense can determine the impact that a DUI has on your life and future. A strong defense against DUI charges in Mesa 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:
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. Then, contact a Mesa DUI defense attorney near you as soon as possible for advice and legal representation.
It is important 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 be watching you closely and judging your actions to search for signs of impairment. Use the following tips to protect yourself as much as possible during a DUI arrest:
A criminal defense attorney can take immediate steps to protect you and defend your rights. Your attorney can guide you through an arraignment hearing, for example, and advise you on what plea to submit. Then, your lawyer will craft a strong defense strategy to guard you as much as possible from a DUI conviction.
Call 480-248-7666 or contact us online for a free initial case evaluation.
From offices in Mesa, Scottsdale and other cities, we represent clients throughout Arizona.