Tempe DUI Defense Attorney

Arizona drivers need to know how to protect their legal rights and pursue the most favorable outcome in the event of a drunk driving arrest. Was this a first offense DUI charge? Or have you been charged with a repeat offense? Talk to a qualified Tempe DUI defense attorney at the Rosenstein Law Group by calling (480) 248-7666 to learn how we can protect you.

Tempe DUI Defense Resources

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How Can a Tempe DUI Lawyer Help?
Elements of an Arizona DUI Conviction
Levels of DUI Charges in Arizona
What to Do if You’re Arrested for DUI in Tempe
Potential Consequences for a Tempe DUI Conviction
Potential Defenses to DUI Charges
What to Look For in Your DUI Defense Attorney
How Much Does a DUI Lawyer Cost in Arizona?
Assisting College Students Facing DUI Charges
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Why Choose Us?

  • We have two out of only four board-certified DUI defense attorneys in the State of Arizona. We have an in-depth understanding of DUI cases and how to defend our clients.
  • Our Tempe DUI defense attorneys work hard to deliver the highest quality legal counsel and representation. We have achieved many significant victories for DUI clients.
  • We are aggressive DUI defense lawyers who know how to go up against prosecutors to achieve the best possible results for each case, whether this is acquittal, dismissal or reduced charges.
  • You can have the peace of mind to focus on your future by trusting our team of experienced attorneys to fight for a positive DUI case outcome on your behalf.

How Can a Tempe DUI Lawyer Help?

After police have alleged that you were driving while drunk or driving while under the influence of drugs, the prosecutor will most likely make an effort to convict you. They are doing their jobs. You need an experienced Tempe DUI attorney on your side to balance the equation and to help ensure that your rights are protected throughout the process. An effective local DUI defense attorney in Tempe, AZ may well mean the difference for you between a peaceful life and never-ending troubles:

  • Dismissal or acquittal of charges or a conviction on your record
  • Freedom versus jail
  • Unlimited driving privileges versus curtailed or lost driving privileges
  • A clean slate when you apply for jobs, apartments, or student loans versus insurmountable roadblocks when you pursue these goals

Hiring the right attorney for your Tempe DUI case is critical for your future. Rosenstein Law Group has the only two board-certified DUI defense attorneys in Maricopa County. We have achieved outstanding results for our clients, including many successful case acquittals. We understand how Arizona’s DUI laws and justice system work – and how to defend our clients against criminal charges. When your future is on the line, come to us for aggressive defense tactics and quality legal services.

What Is Required to Convict Someone of DUI in Arizona?

The crime of driving under the influence is defined under Arizona law as driving or being in actual physical control of a vehicle while under the influence of an intoxicating liquor or drug. The elements that the prosecution must prove beyond a reasonable doubt to secure a DUI conviction are:

  • The defendant was in actual physical control of a motor vehicle. This does not necessarily mean driving; even sitting in a parked car can constitute being in control of a vehicle if the keys are accessible.
  • The defendant was under the influence of any drugs or intoxicating liquor. “Under the influence” can mean impaired to any degree. However, the legal blood alcohol concentration (BAC) limit in Arizona is 0.08 percent.

With a BAC at or above the legal limit, a defendant is automatically presumed to be intoxicated and will be arrested for DUI. Even with a lesser BAC, however, a driver can be arrested for an alleged DUI if the officer believes the driver is impaired. A DUI can also refer to impairment by a drug – including prescription medications.

What Are the Different Levels of DUI Charges in Arizona?

If a defendant is arrested for an alleged DUI offense, the courts will determine the exact charges to enter based on the information provided. The defendant will hear these charges during his or her arraignment, or the pretrial hearing. The charges are based on the circumstances of the arrest and the evidence collected against the defendant. There are four levels of DUI charges under Arizona law, each with different consequences: 

  1. Misdemeanor DUI (A.R.S. 28-1381): a person who drives or is in actual physical control of a vehicle while impaired by the influence of an intoxicating liquor, drug or substance is guilty of a class 1 misdemeanor in Arizona. Being under the influence of alcohol in this regard means having a BAC at or above 0.08 percent (or 0.04 percent for a commercial driver).
  2. Extreme DUI (A.R.S. 28-1382): if an individual has a BAC of 0.15 percent or more but less than 0.20 percent, he or she will be charged with an extreme DUI. While this crime is still classified as a class 1 misdemeanor, it comes with a mandatory jail sentence in Arizona.
  3. Super extreme DUI: with a BAC of 0.20 percent or more, an individual in Arizona will be charged with a super extreme DUI. Again, this is a class 1 misdemeanor, but the penalties are increased. Speak to a super extreme DUI defense attorney in Tempe to discuss your options following your charges.
  4. Aggravated DUI (A.R.S. 28-1383): if there are aggravating circumstances, a DUI charge can be elevated to a class 4 to class 6 felony. Aggravating factors include driving on a suspended or revoked license, having prior DUI convictions, getting a DUI with an ignition interlock device installed, driving with someone under the age of 15 in the vehicle, and causing a car accident.

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

Drug DUIs in Tempe

Drinking alcohol and driving is not the only action that could lead to a DUI arrest in Tempe. Driving under the intoxicating influence of any drug, including prescription medications and medical marijuana, is also against the law. 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 9 of them may be suspended by completing a drug screening. A driver may also be subjected to mandatory drug treatment as part of his or her sentence.

 It does not matter if you have a valid prescription for the intoxicating drug. If the drug or medication has any effects that impair your ability to safely drive or control a motor vehicle, you could be convicted of a DUI in Tempe. 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. Our criminal defense attorneys can help.

What to Do if You’re Arrested for DUI in Tempe

It is normal to feel frightened or overwhelmed when being arrested for a DUI. It is important, however, to remain calm and remember that there are certain things you should do to immediately protect your rights. If you can, take the following steps:

  1. Do not resist the arrest or fight with the arresting officer. You will have plenty of time to fight the charges later; resisting arrest will only put you at risk of facing additional charges. Be polite and cooperative.
  2. Use your right to remain silent. Don’t talk about how many drinks you’ve had or answer any questions asked by the officer (other than giving your name). Politely explain that you will wait to have an attorney present to answer any questions.
  3. Take a blood or breath test but refuse a field sobriety test. If you’ve been arrested for a DUI, it is generally in your best interest to comply with a request for a blood or breathalyzer test. This is because refusal will automatically result in the suspension of your driver’s license for one year. However, it is within your rights to refuse a field sobriety test.
  4. Contact an attorney right away. In many cases, the police will let you contact a lawyer even before your arrest. Otherwise, wait until you’ve been booked at the police station and use your one phone call to contact us at (480) 248-7666 24/7. The police legally cannot listen in on a phone call to an attorney.

Once you’ve contacted our lawyers, we can take care of the rest of the steps to take for you. For example, we can help you get out of jail while you wait for your arraignment hearing, as well as develop a defense strategy to achieve the best possible DUI case results on your behalf.

Potential Consequences for a Tempe DUI Conviction 

Being convicted of a DUI in Tempe can have a wide range of ramifications on your life and future. This includes not only legal consequences and penalties, such as a criminal sentence, but also implications for your personal and professional life. Being convicted of a felony DUI, for example, can permanently take away certain constitutional rights, such as your right to vote and bear arms. If this is not your first DUI offense, you can face more severe consequences.

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

  • 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 one year.
  • Aggravated DUI: up to two years in prison, over $4,000 in base fines, driver’s license revoked for one year and an ignition interlock device installed for one year or longer.

Other penalties include community service, restitution to victims, and mandatory traffic school and/or drug and alcohol counseling. It is critical not to underestimate the impact that a DUI conviction can have on your life. It can interfere with your freedom, education, scholarships, driving privilege, career, ability to obtain employment, parental rights, personal relationships with others, financial situation and more. Protect yourself by retaining an experienced DUI defense lawyer in Tempe.

Potential Defenses to DUI Charges

There are many ways to fight a DUI charge in Tempe, Arizona. Your lawyer may be able to have evidence against you thrown out, for example, such as evidence from an inaccurate breath test or evidence collected illegally. This could lead to case dismissal due to insufficient evidence or establish reasonable doubt. Other defense strategies include:

  • No crime committed: criminal elements are missing to convict you of driving under the influence, such as no actual physical control of a motor vehicle.
  • Establishing reasonable doubt: since the prosecution has the burden of proving the required elements of a DUI charge beyond a reasonable doubt, disproving an element could lead to acquittal.
  • Unreliable tests: the breathalyzer device or equipment used may not have been properly maintained or calibrated.
  • Chain of evidence issues: alleged evidence of intoxication, such as blood or urine tests, may be thrown out without 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: civil rights violations were made by police officers, such as unlawful search and seizure, that could lead to inadmissible evidence.
  • Entrapment: 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 achieve case dismissal with your defense strategy, your lawyer can work to reduce the charges against you and the penalties that you face instead. You can trust your attorney to negotiate a fair plea deal with the prosecution based on the circumstances of your case and your criminal history. Our lawyers use proven and aggressive DUI defense tactics to protect our clients as much as possible.

What to Look For in Your Tempe DUI Defense Attorney

Hiring the best lawyer to take on your Tempe DUI defense case requires due diligence on your part. Schedule more than one free case consultation with top defense lawyers in your city. Then, during your initial consultations with the lawyer, ask a few key questions to find out if he or she has the experience and ability to handle your DUI case. The traits that you should be looking for in a defense lawyer include:

  • 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
  • A lawyer who handles cases personally rather than handing them off to paralegals
  • Personalized defense strategies and attention to detail
  • Frequent communication with clients

Overall, you should feel good about the lawyer that you choose to represent you. Your future is at stake when facing DUI charges of any kind in Arizona. You should be confident in your lawyer’s ability to understand your charges and argue against them with strong, 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 Tempe, Arizona typically charges between $350 and $600 per hour. Some lawyers charge a flat rate rather than an hourly rate, which can range from $1,500 to $3,000 or more, depending on the circumstances. If the case has to go to trial, expect higher legal fees, as the case will require more work from the attorney. You may or may not have to pay a retainer fee upfront to initiate the case.

The amount that your lawyer costs will depend on the attorney and your specific case, including how long the case will take to resolve. However, the price of hiring a DUI lawyer is well 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. Paying for a DUI defense lawyer can save you thousands in fines, fees, penalties and other significant consequences related to being convicted of DUI.

Tempe DUI Defense Attorney

Assisting College Students in Arizona With Their DUI Charges

Talk to a Tempe DUI lawyer at Rosenstein Law Group about your drunk driving arrest and legal issues that may be part of your case. College students at Arizona State University (ASU) can face serious consequences that could affect their future job prospects and enrollment in school.

Whether you were stopped by ASU police or Tempe police, we have the experience to handle your case in the Tempe court system. 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:

  • Sobriety testing
  • Chemical testing
  • Underage DUI concerns
  • License suspension
  • Multiple offenses

In addition to DUI defense, our Tempe 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 Attorney in Tempe, AZ

If you have been arrested, each day that passes reduces the opportunities to fight back and limit the consequences. Contact Rosenstein Law Group today to speak with a skilled Tempe DUI defense lawyer at our law firm day or night during free initial consultation.

We represent clients throughout the state of Arizona from offices in Tempe, Scottsdale, Phoenix, Mesa, and Gilbert.


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