Pinetop-Lakeside DUI Lawyer

What is a DUI Offense?

Driving under the influence (“DUI”) is a common crime in the United States. In Arizona, however, the penalties for DUI are often more severe than the national average. If you are charged with DUI in Arizona, this makes it important to seek assistance from an experienced DUI attorney who can navigate the legal complexities of a DUI defense in Pinetop-Lakeside, Arizona.

Arizona’s DUI law, A.R.S. § 28-1381, defines a DUI as operating a motor vehicle while impaired by drugs or alcohol, or with a blood alcohol content (BAC) level of 0.08% or higher. Drivers of commercial vehicles are subject to a stricter standard: they can be convicted of driving under the influence with a BAC of only 0.04%.

Overview of the DUI Process in Pinetop-Lakeside, Arizona

When a police officer has reasonable suspicion that you are under the influence of alcohol or drugs, that person might have you undergo one or more field sobriety tests. Although they are not entirely accurate, if performed correctly field sobriety testing can give the police officer probable cause to arrest you for a DUI.

Another method of finding probable cause for an arrest is by using a breathalyzer test. With a breathalyzer the police officer can determine whether you are intoxicated to the 0.08 BAC level.

It is not necessary for the police officer to administer both the breathalyzer and field sobriety tests to you. If you fail one of them, that is enough to warrant your arrest for DUI.

Types of DUI Offenses in Pinetop-Lakeside, Arizona

There are different types of DUI offenses, some more severe than others. If you are found to be driving with a blood alcohol concentration of 0.08 or more, then you will be charged with DUI. The type of DUI you can be charged with changes as your blood alcohol concentration increases, and the penalties associated with conviction increase as well. For instance, if you are found to have a blood-alcohol level above 0.15, then you will be facing “Extreme DUI” charges.

Listed below are some of the types of Arizona DUI offenses.

Extreme DUI Offenses

As previously stated, an Extreme DUI charge applies when you operate a motor vehicle with a blood alcohol concentration above 0.15 but below 0.20.

First-time offenders:

  1. Jail for not less than 30 days, with no possibility of probation or suspension
  2. A minimum fine of $2,500.00
  3. Further education programs like rehabilitation
  4. The installation of an ignition interlock device


Super-Extreme DUI Offenses

A Super-Extreme DUI charge applies if you operate a motor vehicle with a blood alcohol concentration of 0.20 or more. This is the most severe form of DUI you can be charged with in the state of Arizona, and it has punishments to match.

First-time offenders:

  1. Class one (1) Misdemeanor
  2. Up to forty-five (45) days in jail, with no possibility of probation or suspension
  3. A minimum fine of $3,500.00
  4. Your vehicle will be impounded for thirty (30) days
  5. Revocation of driving privileges
  6. Mandatory SR-22 Insurance
  7. Installation of an Ignition Interlock Device
  8. Completion of community service hours

Aggravated DUI Offenses

Aggravated DUI charges apply in any of the following situations:

  1. An individual commits a third DUI offense within eighty-four (84) months;
  2. An individual commits DUI with a person under the age of fifteen (15) in the vehicle;
  3. When a prior offender refuses to submit a blood alcohol examination while driving under an ignition interlock device; and
  4. When a person commits a DUI offense while having suspended or revoked driving privileges.

Penalties under Aggravated DUI

  1. A minimum of 4 months in jail;
  2. A minimum fine of $4,500;
  3. Probation;
  4. Any other penalty required pursuant to the DUI charge;
  5. Revocation of driving privileges for one (1) year;
  6. Alcohol education program;
  7. Community service requirements; and
  8. The installation of an ignition interlock device.

Penalties for DUI in Pinetop-Lakeside, Arizona

Generally, driving under the influence is a Class 1 misdemeanor in Pinetop-Lakeview, Arizona. The penalties for DUI depend on several factors. For example, if this is your first DUI offense, your possible DUI punishments may be less severe than if it is your second DUI offense in a seven-year period. Also, bear in mind that Arizona will consider DUI convictions you have in other states.

SR-22 Insurance

Most DUI convictions will require the purchase of “SR-22” auto insurance. This insurance aims to ensure that your insurance company understands the risk associated with insuring you as a driver. You can only purchase SR-22 Insurance by request, so you would need to contact your insurance company and enter into an insurance agreement for 12-36 months, depending on your conviction.

This high-risk insurance is extremely costly. If you fail to pay your SR-22 Insurance premium, the state of Arizona will be immediately notified, and your license will be revoked.

An experienced DUI Attorney can guide you through the process of purchasing SR-22 Insurance and provide cost-efficient recommendations to help save you money and time in doing so.

Ignition Interlock Devices

Ignition Interlock Devices (“IIDs”) are small, handheld breathalyzers that prevent the operation of your motor vehicle if you are impaired by alcohol. Essentially, you will be unable to start your vehicle until you pass a blood alcohol test through the IID.

IIDs require regular maintenance and calibration every 30, 60, or 90 days, which can only be done by appointment through authorized sellers and manufacturers. Generally, IIDs are required for one year, and the installation fee can exceed $1,000.00 in addition to maintenance and calibration fees. Throughout the DUI probationary period, you can expect to spend anywhere from $800.00 to $2,000.00 on costs associated with an IID.

Costs of a DUI Conviction in Arizona

If you are convicted of a DUI offense in Arizona, you can expect to be hit with fines, penalties, and other costs in the range of $6,000.00 to $25,000.00. These are obviously rough estimates of the financial burden associated with DUI defense; however, these figures will decrease or increase depending on the severity of the offense.

The Importance of a Having a DUI Defense Attorney

Defending a DUI case, even a misdemeanor-level one, requires a DUI defense attorney who knows how to conduct a comprehensive trial defense. Your lawyer must be able to investigate and if necessary, call into doubt the procedures the police used when evaluating you for DUI, when arresting you, and in processing the evidence they collect against you.

  • Your lawyer must also be knowledgeable in the alcohol-detection technologies and field-testing methods that the police use, so he or she will know if the officer has deviated from proper procedures when employing them, and to make sure that equipment like a breathalyzer was properly calibrated and maintained when it was used on you.
  • Your DUI attorney must also be able to thoroughly test the arresting officer’s recollection of the events that led to pulling you over, interacting with you, and in deciding that probable cause existed to arrest you. If the officer’s recollection is weak or inaccurate, this can cast doubt on the prosecution’s case.

As you can see, defending against a DUI charge is not something to entrust to your family lawyer who handles things like reviewing your lease agreement or drawing up your will. Preparing a strong DUI defense takes specific investigatory experience, negotiating skills, and in-depth knowledge of the relevant DUI laws and DUI technologies and procedures that police use. A DUI defense law firm like the Rosenstein Law Group has this experience and expertise.

Remember as well that defending you against a DUI conviction means more than avoiding a jail sentence, fines, SR-22 Insurance and blowing into an IID every time you start your car. A DUI conviction can affect your ability to get a job, to enroll in higher educational programs, and even serve as an impediment to other licensing occupations. Even as a first-time offender, you can suffer from lasting effects ranging from financial consequences to negative public perceptions about you.

Call Us Today to Defend You in Your DUI Case

If you are facing DUI charges in Pinetop-Lakeside or anywhere else in Arizona, then you need an attorney who knows DUI defense and who can ease the burden of the court process on you.

Contact the DUI law specialists at Rosenstein Law Group today for your free Pinetop-Lakeside DUI case evaluation – (480) 248-7666. Our highly experienced Pinetop-Lakeside DUI lawyers are ready to start working with you on your case and will guide you through this complex process from start to finish.

Don’t Delay. Once you have been charged for a DUI in Arizona, the court process has many requirements and deadlines that you cannot afford to miss. Some of these deadlines can come as soon as 15 days after your DUI arrest. Call us now at (480) 248-7666 to discuss your case with a DUI law specialist. Or, if you like, you can reach out to us online and we will get back to you as soon as possible.