Maricopa DUI Defense Attorney

What is Considered a DUI Offense in Maricopa?

Driving under the influence (“DUI”) is a common crime throughout the United States. Arizona DUI laws are strict; therefore the penalties are often more severe and require assistance from an experienced DUI lawyer, who can navigate the legal complexities of a DUI case in Maricopa, Arizona.

At Rosenstein Law Group, our experienced attorneys have helped thousands of clients arrested on suspicion of impaired driving. If you or a loved one has been involved or arrested for drunk driving, phone our law office for your free initial consultation with a DUI attorney. Get an experienced attorney working on your defense immediately. Phone (480) 248-7666.

Arizona DUI Laws

Under the Arizona DUI statute, (ARS 28-1381), a person is guilty of DUI when they are found to be operating a motor vehicle with a blood alcohol content (BAC) of .08% or higher or under the influence of drugs. Further, the drivers of commercial vehicles are subject to a higher standard under which any driver of a commercial vehicle can be convicted of DUI if they are found to be operating a motor vehicle with a BAC of .04% or higher.

Overview on the DUI Process in Maricopa, Arizona

When law enforcement officers have reasonable suspicion that a driver is under the influence of alcohol or drugs, they may conduct field sobriety tests. Although not entirely accurate, if performed correctly, a field sobriety test can give the police officer enough probable cause to arrest the individual for DUI.

Another method of generating probable cause for an arrest is by using a breathalyzer test. By using a breathalyzer test, the police officer can determine whether the driver is intoxicated. If the driver fails either the field sobriety exam or the breathalyzer test, no additional evidence is required to prove intoxication.

Refusing to consent to chemical testing of your blood, breath or urine in Maricopa, Arizona may result in severe penalties. For example, if you refuse to take a breathalyzer test, you will immediately be subject to license suspension for a period of one (1) year. This license suspension is enforced regardless of whether you are found “not guilty” of the DUI charge.

Penalties for DUI in Maricopa, Arizona.

As previously mentioned, Maricopa Arizona has implemented aggressive policies to combat DUI’s. Depending on the exact circumstances of your arrest, these policies may mean the imposition of any of the following penalties:

  • Fines of at least $250.00, including a surcharge and additional assessments contributing to the Arizona abatement fund that reach a minimum total of $2,500;
  • license suspension for a period of up to 90 days;
  • enrollment in a counseling program;
  • ignition interlock device installation and a fine; and/or
  • up to thirty (30) days in jail.

In Maricopa, first time DUI Offenders may avoid jail time, under the condition that the offender completes an alcohol abuse screening program. This program may include a series of educational counseling treatment and materials for further rehabilitation.

Generally, driving under the influence is categorized as a class 1 misdemeanor in Maricopa. The penalties, however, are dependent on several factors and vary from case to case. For example, both a first and second offense DUI will be considered a class 1 misdemeanor, but a second offense DUI will likely result in larger fines and more jail time. Also bear in mind that Maricopa County will take DUI’s that occurred in other jurisdictions into consideration.

If you are facing possible DUI charges, it is extremely important to immediately contact a local Maricopa DUI Defense Attorney who can explain the charges and assist you in the process of defending the allegations.

Different Types of DUI Offenses in Maricopa

In Maricopa, there are multiple types of DUI offenses. For instance, a driver found to have a BAC within the range of 0.08 and 0.14 will be charged with a “Regular DUI” while a driver found to have a BAC above 0.15 will be facing “Extreme DUI” charges.

Listed below are some of DUI offenses you may face in Maricopa, Arizona:

Extreme DUI Offenses

As previously stated, an Extreme DUI charge applies when a person is found operating a motor vehicle with a blood alcohol concentration above 0.15.

First time offenders consequences:

  • Jail for not less than thirty (30) days, with no possibility of parole or suspension;
  • Suspension of driving privileges for a period of up to 90 days;
  • Fines totaling at least $2,500.00;
  • Further education programs, rehabilitation;
  • Mandatory SR-22 Insurance; and
  • The installation of an ignition interlock device. (discussed further below).

Super Extreme DUI Offenses

Arizona law states that a Super Extreme DUI charge applies when a person is found operating a motor vehicle with a blood alcohol concentration above 0.20.

First time offenders consequences:

  • Class one (1) Misdemeanor;
  • Up to forty-five (45) days in jail, with no possibility of parole or suspension;
  • Fines totaling at least $3,500.00;
  • Your vehicle will be impounded for thirty (30) days;
  • Revocation of driving privileges;
  • Mandatory SR-22 Insurance, and
  • The installation of an Ignition Interlock Device.

Aggravated DUI Offenses

An Aggravated DUI is a felony offense under Arizona law. Aggravated DUI charges apply in any of the following situations:

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

Penalties under Aggravated DUI

  • A mandatory minimum of four months in prison;
  • Mandatory fines and fees of more than $4,500;
  • Revocation of driving privileges for a minimum of 3 years;
  • Supervised probation;
  • Alcohol screening and substance abuse classes, and
  • The installation of an ignition interlock device.

Underage DUI Offenses in Maricopa County, Arizona

Like many other states, DUI offenses committed by an underaged minor are actionable in Maricopa and will likely carry severe consequences. For starters, law enforcement will charge a minor with a DUI offense if there is any detectable alcohol in your system. This includes BAC levels under .08%! If you are a minor and are facing DUI charges immediately contact a criminal attorney in Maricopa County, a conviction could result in any of the following consequences:

  • Incarceration for no less than ten (10) days;
  • Fines up to $1,500.00;
  • Mandatory SR-22 Insurance;
  • License suspension up to two (2) years;
  • Community service and/or required probationary hours.

It is important to note that a single DUI can cause a significant impact on your livelihood, and the consequences of such an offense far extend beyond the legal realm. For example, a DUI offender will likely be required to pass safety courses, and community service, and must have a particularized license plate that garners the attention of law enforcement. Additionally, a DUI offender will be required to purchase Maricopa SR22 insurance and maintain an interlock ignition system. If you are facing possible DUI charges, do yourself a favor and immediately contact a Maricopa lawyer specializing in DUI defense.

Maricopa DUI Process – SR-22 Insurance Requirement

A DUI conviction is associated with the burden of purchasing SR-22 auto insurance. The purpose of this particular insurance is to ensure that the insurance company understands the risk associated with insuring you as a driver. Further, this insurance can only be purchased upon request, thus, you would need to contact the insurance company and enter into an insurance agreement for a period of 12-36 months depending on your conviction. This high-risk insurance is extremely costly, and should you fail to pay your premium, the State would be immediately notified, and your license will be revoked.

An experienced DUI lawyer in Maricopa, Arizona, can guide you through the process of purchasing SR-22 insurance and provide cost-efficient recommendations, saving you money and time.

Ignition Interlock Devices in Maricopa DUI Cases

Ignition Interlock Devices (“IID”) are small handheld breathalyzers which prohibit the operation of your motor vehicle if you are impaired by alcohol. Essentially, you will be unable to start your vehicle until a breath alcohol test is taken. IID’s require regular maintenance and calibration which can only be done through authorized sellers and manufacturers. Thus, an appointment is necessary for an IID calibration and must be done every 30, 60, or 90 days. Generally, IID’s are required for one year and the installation fee can exceed $1,000.00, which does not include the maintenance and calibration fees. Throughout the duration of the DUI probationary period, an individual can expect to spend anywhere from $800.00-$2,000.00 on costs associated with IID’s.

Do you Need a Maricopa DUI Defense Attorney?

A Maricopa DUI conviction can affect an individual’s ability to get a job, enroll in higher educational programs, and even serve as an impediment to other licensing occupations. Clearly, DUI offenses are a serious matter and should not be underestimated. A first-time offender can suffer from everlasting effects ranging from their financial well-being – to public perception. Further, depending on the source of information, anyone convicted of a DUI offense can expect costs in the range of $6,000.00 – $25,000.00.

The Importance of a Maricopa Criminal Defense Attorney

Thus, if you are arrested and facing possible drunk driving charges, do yourself a favor and hire a criminal defense attorney who specializes in DUI defense. A criminal defense attorney specializing in DUI defense can ease the burden of the court process and can navigate the complexities of a Maricopa county DUI case.

If you hire our law office, a DUI attorney will handle every aspect of your case. We will not advise you to just plead guilty, the DUI attorney will thoroughly investigate and analyze every aspect of your DUI case, from the initial stop to your arrest and beyond.  This includes breathalyzer results, and results of the blood tests or urine tests.

Maricopa DUI Defense Law Firm

Rosenstein Law Group is a full-service Maricopa criminal defense firm that provides the defense to those accused of all types of charges, with the firm also having a strong focus on the defense of the accused impaired driver. We have handled 100’s Maricopa criminal and DUI cases.

We are the only criminal defense law firm in Northern and Central Arizona, with certified DUI and Criminal Law Specialists as part of the team. If you or a loved one is facing DUI charges in Maricopa, contact our office today to speak with a criminal defense attorney about your case. Available 24/7 at (480) 248-7666.


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