Mesa DUI Defense Attorney

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.

Board-Certified DUI Defense Lawyer in Mesa, Arizona

Whatever the specific charge may be, we make sure our clients benefit from the following:

  • The experience of attorney Craig J. Rosenstein, who is board-certified in DUI defense by the National College for DUI Defense – the only accredited organization in the U.S. authorized to award this title. Currently, only three other attorneys in Arizona hold this distinction
  • Insight and skills of a legal team that has decades of experience handling DUI cases
  • Representation for all types of DUI charges
  • Personalized attention and individualized defense strategies

How Our Law Firm Can Help With DUI Charges in Mesa

The consequences of a DUI conviction in the state of 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 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, 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.

What Is a DUI in Arizona?

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.

Types of DUIs

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 person’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: 

  • Standard DUI – being in control of a vehicle with a BAC at or above 0.08 percent or while under the influence of an intoxicating substance.
  • Extreme DUI – being in control of a vehicle with a BAC between 0.15 and 0.20 percent.
  • Super extreme DUI – being in control of a vehicle with a BAC above 0.20 percent.
  • Aggravated DUI – DUI on a suspended or revoked license, with a child under the age of 15 in the car, as a repeat offender, or involving a car accident.
  • Underage DUI – being in control of a vehicle with any level of BAC under the age of 21.

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.

Drug-Related DUIs

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:

  • Amphetamines
  • Cannabis/marijuana
  • Cocaine
  • Codeine
  • Fentanyl
  • Heroin
  • Methamphetamines
  • Narcotic drugs
  • Peyote

Prescription-only medications 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. 

Potential Penalties for a DUI Conviction in Mesa

Arizona penalizes driving under the influence crimes harshly. Even if this is your first DUI, you could be facing jail time and other severe penalties. This is why it is important to hire an attorney to protect your rights upon arrest. 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. At a minimum, you will spend 24 hours in jail. For a second or third offense, jail time ranges from a minimum of 30 days to a maximum of four months. The base fine also increases.
  • 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 minimum jail sentence is 30 days, plus a fine of at least $2,500. You will also be required to attend alcohol screening and education.
  • 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. You could be sent to prison for up to two years, depending on the circumstances of the crime.

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.

What Is the Penalty for Refusing a DUI Test in Mesa?

All motor vehicle drivers in Arizona give their implied consent to submit to DUI breath, chemical, or blood 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 Arizona 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, blood, or urine test. Consult with a DUI defense attorney immediately to determine the right choice for you.

Common DUI Defenses

The strength of your criminal law 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:

  • Not intoxicated
  • Not in actual physical control of a vehicle
  • Unreliable or inaccurate drug or alcohol testing
  • Missing or insufficient evidence
  • Illegal traffic stop or unlawful arrest
  • Violated civil rights
  • Failure to read Miranda rights
  • Police misconduct

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.

What to Do (and Not to Do) During a DUI Arrest

 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:

  • Stay calm and use your right to remain silent. Do not answer questions asked by the officer about whether you have been drinking. Anything you say can be used against you.
  • Listen to your Miranda rights. These are the rights the law enforcement officer should read you during your arrest. They include the right to remain silent and the right to an attorney.
  • Cooperate with the officer, but do not agree to take a field sobriety test. This is not a requirement and can be used to build a case against you.
  • If you’re placed under arrest, do not resist. This could result in additional charges against you as well as serious physical injuries. You will have the chance to fight the charges later.
  • Contact a DUI defense attorney at the earliest chance you get. If you are booked in the local police department, use your phone call to contact Rosenstein Law Group at 480-923-7587.

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.

DUI Frequently Asked Questions

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: 

  • What is the legal limit for a DUI in Arizona? 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.
  • Can I get a DUI with no alcohol in my system? 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.
  • Do I have to go to jail for a DUI? You will most likely have to spend at least 24 hours in jail after being arrested for a DUI. You will then be released ahead of your first hearing. If you are convicted, your prison or jail sentence will depend on the circumstances.
  • Is a DUI a misdemeanor or felony in Arizona? 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.
  • How can an attorney help me with a DUI charge? An attorney can look for issues with your arrest and the collection of evidence to try to have your case dismissed. Your lawyer can also negotiate with the prosecution for dismissed or reduced DUI charges.

 For more information, request a free consultation at Rosenstein Law Group. Our attorneys will listen to your story and answer questions about your specific case at no charge or obligation to hire us.

Contact a Lawyer — Free Consultation

If you or someone you know has been arrested for allegedly driving under the influence in Mesa, Arizona, contact Rosenstein Law Group for immediate assistance. Our attorneys can take over your case and defend your rights from the very beginning to improve your odds of success. 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 all of Arizona.


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