Tempe DUI Defense Attorney

A DUI charge in Arizona is a serious matter that can threaten your personal liberty, your finances, your rights, and your reputation.

Whether you are facing a first-offense DUI charge in Tempe Municipal Court or have been charged with repeat DUI arrests, talk to an experienced Tempe DUI defense attorney at the Rosenstein Law Group by calling (480) 248-7666 to learn in a free consultation how we can protect you.

Why Choose Us for Professional DUI Representation?

  • Our law office has 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 peace of mind by trusting our team of experienced Tempe DUI attorneys to fight for a positive DUI case outcome on your behalf.

How Can a Tempe DUI Lawyer Help You?

After police have alleged that you were driving while drunk or were driving while under the influence of drugs, a DUI prosecutor will most likely make an effort to convict you. You need an experienced Tempe DUI attorney to balance the equation and help ensure your rights are protected throughout the process.

List of the ways a Tempe DUI Lawyer can help you.

An effective local DUI defense attorney in Tempe, AZ may well mean the difference for you between a peaceful life and never-ending troubles, including:

  • 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 successfully defended numerous jury trials for our clients, including many successful case acquittals in Tempe DUI cases.

We understand how Arizona’s DUI laws and criminal law 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:

  • You were 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.
  • You were 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, you are automatically presumed to be intoxicated and will be arrested for DUI. Even with a lesser BAC, however, you 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 you are arrested for an alleged DUI offense, the court will determine the exact charges to enter based on the information provided. You will hear these charges during your arraignment or the pretrial hearing.

The charges are based on the circumstances of the arrest and the evidence collected against you. 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 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, that person will be charged with an extreme DUI..
  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 felony, or to a class 6 felony for a driver aged 15 or younger. 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. For example, if a drunk driver causes serious bodily injuries or death 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 nine of them may be suspended by completing a drug screening.

You 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, then 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. You may also face additional criminal charges for other drug crimes, such as drug trafficking, if you are caught in possession of drugs or drug paraphernalia in your vehicle If this is the case, our criminal defense attorneys can help.

What to Do if You Are Arrested for DUI in Tempe

It is normal to feel frightened or overwhelmed when being arrested for a DUI. However, it is important 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:

List of steps to take when you're arrested for a DUI in Tempe.
  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 have 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 next steps for you. This can include helping you get out of jail while you wait for your arraignment hearing and developing 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 legal consequences and penalties, such as a criminal sentence, and implications on your personal and professional life.

For example, being convicted of a felony DUI can permanently take away certain constitutional rights, such as your right to vote and bear arms. And 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.
  • Felony 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 to not 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. Your lawyer may be able to have evidence against you thrown out,  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 an experienced Tempe DUI lawyer might employ 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: if the prosecution fails to prove the required elements of a DUI charge beyond a reasonable doubt.
  • 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 such as unlawful search and seizure, were made by police officers that 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 criminal defense attorney 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 Arizona DUI charges. 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 also 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 criminal defense 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 goes to trial and requires more work from the attorney, expect higher legal fees. 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 also save you thousands in fines, fees, penalties, and other significant consequences related to being convicted of DUI.

Schedule a Free Consultation With a DUI Attorney in Tempe, AZ

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

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


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