Gilbert, Arizona offers thriving entertainment options; if Old Town and Mill Avenue do not fit your fancy for places to enjoy music, dining, and drinking, there is also a stretch of Gilbert Road between Hearne Way and Cullumber Avenue the locals know as “Mini Old Town.”

Arizona DUI laws are among the toughest in the United States, so if you overdo it in any of these areas and drive in Gilbert, you might find yourself facing an arraignment in the Gilbert Municipal Court. DUI charges can result in jail or prison time, thousands of dollars in fines and penalties, adding points to your Arizona driver’s license, and a requirement to install an ignition interlock device in your car at your expense.

If you have been charged with an Arizona DUI, call an experienced Gilbert DUI lawyer at the Rosenstein Law Group at (480) 248-7666 to learn in a free consultation how we can protect you.

How a Gilbert DUI Lawyer Can Help You

We strongly recommend having an attorney stand between you and the state when defending against an Arizona DUI charge. 

An effective Gilbert DUI attorney can help ensure acquittal or dismal of charges, keep you free from jail time, remove revoked driving privileges, and keep your plate clear of any related effects of being charged. 

The Rosenstein Law Group has successfully defended numerous jury trials for clients facing DUI charges in Gilbert.

We understand Arizona’s DUI laws and how to defend our clients against criminal charges. Contact us for aggressive defense tactics and quality legal services when your future is on the line.

An infographic listing out the ways that a Gilbert DUI Lawyer can help when you're arrested for a DUI.

Why Choose Our Gilbert DUI Team for Your Professional DUI Representation?

The key to a strong DUI defense is specialized knowledge and experience.

Although DUIs are a common type of criminal offense in Arizona, not every criminal defense lawyer has in-depth knowledge of DUI laws and defense.

Here are some of the important differences that make the Rosenstein Law Group your best choice to defend yourself against a DUI charge:

  • Our law office has two out of only four board-certified DUI defense attorneys in Arizona.
  • Our Gilbert DUI defense specialist attorneys work hard to deliver the highest quality legal counsel and representation.
  • We have achieved many significant victories for our DUI clients.
  • We know how to aggressively go up against prosecutors to achieve the best possible results for each case, whether this is acquittal, dismissal, or reduced charges.
  • We give you peace of mind by providing an experience-based defense designed for a positive outcome.

What Are the Elements of an Arizona DUI?

To convict you of drunk or drugged driving, a prosecuting lawyer must prove two things beyond any reasonable doubt: You were in actual physical control of a motor vehicle, and you were under the influence of any drugs or intoxicating liquor.

An infographic listing out required elements to convict someone of a DUI in Arizona.

You will automatically be arrested if you provide a breath or blood sample establishing a BAC at or above the legal limit. You may also be charged if you fail field sobriety tests and otherwise convince a police officer that you are intoxicated.

The Increasing Levels of DUI Charges in Arizona

There are four levels of DUI charges under Arizona law with differing consequences. The charges are based on the arrest circumstances and the evidence collected against you.  

  1. Misdemeanor DUI (A.R.S. 28-1381)
  2. Extreme DUI (A.R.S. 28-1382)
  3. Super extreme DUI:
  4. Aggravated DUI (A.R.S. 28-1383)

The class of felony charged for an aggravated DUI in Arizona depends on the aggravating circumstances. The more severe the alleged crime, the worse the charges and the penalties are. For example, a drunk driver who causes serious bodily injuries or death will most likely face a higher-class felony charge.

Drug DUIs in Gilbert

Drinking alcohol and driving is not the only action that could lead to a DUI arrest in Gilbert. Arizona DUI laws also make it illegal to drive under the intoxicating influence of any drug.

It does not matter if you have a valid prescription for the intoxicating drug. You can be convicted of a DUI if the drug or medication has any effects that impair your ability to drive or control a motor vehicle safely.

It is also against the law to drive under the influence of marijuana, even if consumption of the drug is permitted under Arizona’s medical or recreational marijuana laws.

If you are caught in possession of drugs or drug paraphernalia in your vehicle, you may also face additional criminal charges for other drug crimes, such as drug trafficking.

A drug DUI in Arizona can result in the same penalties as an alcohol-related DUI. The minimum penalty is 10 days in jail, but the court can suspend up to nine days. You can also be required to submit to mandatory drug treatment as part of your sentence.

What Do You Do if Arrested for DUI in Gilbert?

If you’re placed under arrest for a DUI, do not resist or fight with the arresting officer. Use your right to remain silent and only consent for a blood or breath test.

Contact a Rosenstein Law Group attorney right away. Once you’ve contacted our experienced DUI lawyers, we can take care of the rest of the steps for you. For example, we can help you get out of jail while you wait for your arraignment hearing and develop a defense strategy to achieve the best possible DUI case results on your behalf.

An infographic listing out steps to take if you are arrested for a DUI in Gilbert, AZ.

Potential Consequences for a Gilbert DUI Conviction 

Being convicted of a DUI in Gilbert can negatively affect your life and future. This includes both legal consequences and implications for your personal or professional life.

The penalties listed for different DUI charges under Arizona law include:

A chart listing out the consequences and sentencing for different levels of DUI offenses in Arizona.
  • Ordinary DUI: 10 days in jail, $1,250 in base fines, 90 days of driver’s license suspension, and an ignition interlock device installed in your vehicle for one year.
  • Extreme DUI: mandatory jail sentence, up to 30 days in jail, $2,500 in base fines, 90 days of driver’s license suspension, and an ignition interlock device installed in your vehicle for one year. 
  • Super Extreme DUI: 45 days in jail, $3,200 in base fines, 90 days of driver’s license suspension, and an ignition interlock device installed in your vehicle for 18 months.
  • Felony Aggravated DUI: up to 3.75 years in prison, over $4,000 in base fines, a revoked driver’s license for one year, and an ignition interlock device installed for one year or longer.
  • Convictions with prior DUI convictions.  All of the above will have even harsher potential penalties if the defendant has at least one prior DUI conviction within seven years of the new DUI arrest.

Other penalties can include community service, restitution to victims, mandatory traffic school, and/or drug and alcohol counseling.

Possible Defenses to DUI Charges

There are many ways to fight a DUI charge. Not all of them may apply to your particular DUI charge.

For example, your DUI defense lawyer may be able to have evidence against you thrown out based on an inaccurate breath test or evidence collected illegally by the police. This could lead to case dismissal due to insufficient evidence or establish reasonable doubt.

Other defense strategies an experienced DUI lawyer in Gilbert might employ include:

  • No crime was committed: occurs when criminal elements are missing, such as no actual physical control of a motor vehicle.
  • Establishing reasonable doubt: when an element of the crime is disproved, the charge may be acquitted.
  • Unreliable tests: occurs if the breathalyzer device or equipment used is not properly maintained or calibrated.
  • Chain of evidence issues: occurs when alleged evidence of intoxication, such as blood or urine tests is missing proper documentation.
  • Illegal traffic stop: there was no probable cause to make the stop, which may make any information or evidence gathered thereafter inadmissible.
  • Police misconduct: Evidence may be inadmissible if police officers commit civil rights violations, such as unlawful search and seizure.
  • Entrapment: occurs if you were tricked or coerced into driving under the influence by an undercover police officer.
  • Duress or necessity: you were forced to drive while intoxicated due to exacerbating circumstances, such as driving to a hospital in an emergency.

If it isn’t possible to secure a case dismissal with your defense strategy, your DUI defense attorney can work to reduce the charges against you and the penalties that you face instead.

What to Look For in Your Gilbert DUI Defense Attorney

When you’re looking to hire an attorney, look for the following traits:

  • Several years of experience handling DUI defense cases 
  • Local experience and expertise 
  • A high success rate representing other clients 
  • Success fighting DUI charges and avoiding penalties
  • Positive reviews and testimonials from past satisfied clients
  • Personal attorney attention prioritized over delegation to paralegals
  • Personalized defense strategies and attention to detail
  • Frequent communication with clients

You should be confident in your lawyer’s ability to understand your charges and argue against them with robust and personalized defense strategies. Your lawyer should have the resources to hire experts, the ability to negotiate a plea agreement, and the storytelling powers to make a persuasive case in your defense.

How Much Does a DUI Lawyer Cost in Arizona?

Although rates can vary widely by lawyer and law firm, a DUI defense lawyer in Gilbert, Arizona, typically charges between $350 and $600 per hour.

Some criminal defense lawyers charge a flat rate rather than an hourly rate, ranging from $1,500 to $3,000 or more. Prices increase if your case goes to trial.

Of course, paying for a DUI defense lawyer can save you thousands in fines, fees, penalties, and other significant consequences related to being convicted of DUI.

Your costs will depend on the attorney and your specific case, including how long the case will take to resolve. However, the price is worth what you will get in return as a defendant – an exceptional advocate fighting for your rights and protecting you from the worst possible penalties associated with your charges.

Helping Gilbert Drivers With DUI Charges

Talk to a Gilbert DUI lawyer at the Rosenstein Law Group about your drunk driving arrest and legal issues.

We will guide you through the process and fight to build you a solid defense against your charges. We can discuss all issues that may arise in your case, including:

  • DUI law
  • Sobriety testing
  • Marijuana DUI
  • Underage DUI
  • Chemical testing
  • Underage DUI concerns
  • License suspension
  • Multiple offenses
  • Related criminal offenses

In addition to DUI defense, our Gilbert DUI defense attorneys defend drivers who have received criminal traffic violations. Rosenstein Law Group also helps people charged with drug possession or drug paraphernalia possession.

Schedule a Free Consultation With a DUI Lawyer in Gilbert, AZ Today

If you have been arrested for DUI in Arizona, each day that passes reduces the opportunities to fight back and limit the consequences. Contact us today to speak with a skilled Gilbert DUI lawyer at our law firm day or night for a free initial consultation.

Our criminal and DUI lawyers provide aggressive legal representation in criminal and DUI defense cases in Gilbert and throughout Arizona.

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