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Scottsdale DUI Lawyers

• Weintraub & Weintraub: It is unlawful for a person to drive or be in actual physical control of a vehicle while under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree.
• Wolf & Associates: The Extreme DUI charge is the same as the DWI charge except it requires the B.A.C. to be .15% or greater 'at the time of driving' (.18% prior to April 4, 2001). The minimum punishment for a first offense Extreme DUI is nine days more jail time than a regular DUI or DWI assuming successful completion of substance abuse counseling.
• Djordjevich, John: he State of Arizona has some of the toughest DUI laws in the United States. On a first offense of DUI, you are facing up to six months in jail, a fine up to $2,500, court ordered substance abuse counseling, use of a ignition interlock device, and a minimum sentence of 10 days and thousands of dollars in fines. Your drivers license will be suspended for at least 90 days, and could be suspended up to one year. On a second offense, you get all the same penalties, except the minimum jail term is now 30 days, your license is revoked for a year. A third offense is usually a felony, with approximately 4 years in prison as a maximum sentence. Causing an accident while impaired may lead to felony assault or murder charges, both of which carry stiff prison sentences. If you have been arrested for driving while intoxicated, it can have a devastating effect on your life and career and you need to act quickly to protect your rights.
• Gaertner, John: Driving while under the influence of alcohol is a criminal offense. A conviction on DUI / DWI charges may result in fines, the revocation or suspension of your driver's license, and possible jail time. In addition, your insurance company may increase your rates to an unmanageable level. In any instance in which an individual is accused of drunk driving with a minor in the vehicle, the state now charges child abuse and aggravated DUI. This is a serious felony charge and carries a severe sentence if convicted.
• Rosenstein Law Group: If this is your first drunk driving offense, you may be overwhelmed by the charges. Many people receiving a DUI have no prior experience with criminal law, and the prospect of defending against such a charge can be daunting. If this isn't your first drunk driving offense, the emotional impact is likely amplified from prior occasions. Either way, your emotions may fluctuate among anger, fear, anxiety and embarrassment, and you probably have many questions.
• Bergman Law Offices: Drunk Driving Defense Lawyer Scottsdale, Arizona American society has agreed that drinking and driving make for a dangerous combination, and that drunk drivers should be kept off the roads. The amount of alcohol consumed and how that is measured by police are often in question, however. Prevent or Fight Driver's License Suspension Time is of the essence if you wish to keep your driving privileges, keep out of high-risk insurance rates, and allow your attorney to mount the strongest possible defense on your behalf. A prime question in your case will be whether the police were justified in stopping you to examine whether you were sober or inebriated. Did your driving indicate that you might be driving drunk? Did law enforcement officers stop you for some other, unacceptable reason? An experienced DUI/DWI/OUI defense attorney has seen it all and recognizes improbable cause from miles away. Was Your Breathalyzer or Blood Test Administered Lawfully? Once you were stopped at a road block or by citywide saturation patrols on Shea Boulevard, Highway 101, Bell Road, Frank Lloyd Wright Boulevard, Scottsdale Road, Hayden Road, Cactus Road or Greenway Parkway, did the police officers follow standard protocol when administering field sobriety tests, breathalyzer tests or blood tests? Were you informed of your constitutional rights and were those rights upheld? Assuming that you were, in fact, driving drunk, there may still be a good case for allowing you to continue driving to work or school. An adept DUI defense attorney may persuade the prosecution that you would be better off in alcohol dependency classes than in jail.
• Vladimer Gagic: The government can charge someone with simply "driving under the influence", which is illegal under A.R.S. 28-1381(A)(1). This just means the person had enough alcohol in his system to hinder his ability to drive. Under this charge, the actual amount of alcohol in someone's system (blood alcohol concentration or BAC) is mostly irrelevant. Even if the BAC was well below the legal limit of .08, the government could still convict you so long as the alcohol impaired the person's ability to drive to the "slightest degree." That means even if you had just a little bit to drink, and that little bit you drank impaired you ability to drive ever so slightly, you were driving under the influence. Usually, however, the government does not charge someone with driving under the influence only. They usually charge someone with driving under the influence in conjunction with having a blood alcohol concentration over the legal limit.
• Jason Beskind: ItŐs been in the national news and itŐs become common knowledge that Arizona laws about aggravated DUI, extreme DUI, and driving under the influence of drugs or alcohol are outrageously strict. A first offense now costs you up to ten days in jail, a minimum fine of $750 and a driverŐs license suspension of ninety days. Can you afford not to hire an experienced, affordable attorney with a successful record of DUI acquittals, and felony reductions? Think hard before you answer.
• Cotto & Cotto: The consequences of conviction for a felony, misdemeanor, or DUI (drunk driving) charge can be severe and life-changing.
• David Smith: Many state laws require criminal defendants to pay restitution to their victims and/or to the state for harm directly caused by the defendant's crimes. Such laws are generally enacted to provide compensation for a broad array of costs resulting from crimes such as fraud, personal injury, death or property damage. When determining costs, courts often consider victim expenses resulting from, among others, the inability to be gainfully employed; physical and/or psychological rehabilitation; and burial expenses. Sometimes, where feasible, defendants may be ordered to return property. Due to significant variation among state laws regarding restitution and fines, few generalizations can be made. However, courts typically have broad discretion in what types of expenses or losses may be reimbursed. In addition, courts often have the discretion to determine the method the defendant must use in making the payments; e.g., whether periodic installments are preferable to a lump sum payment.
• Gretchen Lindquist: Your criminal case is probably the most important thing in your life. It is the most stressful, and can likely ruin your life, if you let it. However, if you approach it from a smart perspective, get an attorney to examine the evidence, tell your attorney the truth about your defense, and take your attorneyŐs adviceÉ youŐll have a chance of getting a fair result so that you can get this behind you and get on with your life.
• Robert Dodell: DUI is shorthand for "Driving Under the Influence." The are basically three types in Arizona. 1. It is unlawful if one drives or is in actual physical control of a motor vehicle and is under the influence of alcoholic beverages or any chemical or controlled substance to the extent that his or her mental faculties are impaired. ARS 28-1381A1. 2. It is unlawful if one drives or is in actual physical control of a motor vehicle with an alcohol concentration of .08 percent or more within two hours of driving. ARS 28-1381A2. 3. It is unlawful if one drives or is in actual physical control of a motor vehicle with an alcohol concentration of .15 percent or more within two hours of driving. ARS 28-1382 (An "Extreme DUI"). One can be charged with multiple offenses.
• Iacovino and Kayler: When you hire a lawyer, you need experienced, knowledgeable representation.Ę But you also need an attorney who listens to what you have to say and who knows how to deal with the attorney on the other side.
• Maasen & Associates: The DUI charge, by itself, does not require a breath reading. It deals with suspicion of driving while under the influence, according to the manner of driving, physical and mental symptoms of impairment, or verbal admissions. The DWI charge does not require that the accused have a BAC of .10% or greater "at the time of driving". Many defendants plead guilty if their breath or blood test is above a .10% (.08% if after 8/01 or .15% if Extreme DWI). The ordinary citizen does not realize the test results only show their BAC at the time they were tested and NOT at the time they were actually behind the wheel. As it will be explained in the "Possible Defenses" section of this brochure, there is a way to mathematically calculate what your true BAC level was "at the time of driving". This math formula is known as a "retrograde extrapolation". If your BAC is found to be below a .10% (.08% if after 8/01 or .15% if Extreme DWI) "at the time of driving", this is a possible defense. The Extreme DWI charge is the same as the DWI charge except it requires the BAC to be .15% or greater "at the time of driving". The punishment for Extreme DWI is 10 times more jail time than a regular DUI or DWI.
• Griffeth Law Offices: You can be charged with a DUI (driving under the influence of alcohol) as either a misdemeanor or a felony, depending on many factors such as having prior DUI convictions, license suspension, and/or having children in your vehicle, etc. If you are under 21, you can be charged with minor in possession of alcohol or minor consumption. If you are arrested for a DUI, you not only face court punishment; such as fines, jail time, etc.; as well as your driving privileges are subject to suspension or revocation. In addition, if convicted, your insurance rates increase dramatically and sometimes your insurance company will drop you and you may be required to obtain a SR22 insurance bond in order to obtain insurance.
• William Foreman:

  Being arrested for drunk driving, driving under the influence (DUI), or driving while intoxicated (DWI) can be a scary proposition. A DUI - DWI conviction in Arizona and most other states carries with it the possibility of serious sanctions, including:

  • Alcohol assessment and treatment
  • Community service
  • Criminal record
  • Fines and forfeitures
  • Increased insurance rates
  • Job loss
  • Mandatory jail or prison sentence
  • Probation
  • Suspension or loss of driver’s license
  • Vehicle immobilization or forfeiture

  In almost every DUI-DWI case, a driver has two cases to contend with. The DUI-DWI arrest results in criminal charges, but what most drivers do not realize is that an arrest also initiates a civil proceeding against the arrested motorist’s driving privileges in Arizona by the Motor Vehicle Division of the Arizona Department of Transportation. A MVD license suspension is initiated against an arrested driver when he or she either refuses to submit to breath or blood testing, or alternatively, fails a breath or blood test. The legal authority to impose a MVD suspension against a driver lies in the Arizona implied consent statute, which states that any driver who operates a motor vehicle on Arizona roadways has impliedly consented to provide a specimen of breath or blood if arrested for DUI-DWI and provided with the applicable consequences for refusing to submit to testing. Issues involved in a MVD license suspension hearing include the following:

  • Whether the police had reasonable suspicion to stop the driver
  • Whether the police had probable cause to arrest the driver
  • Whether the police complied with Arizona implied consent law
  • Whether the driver refused to provide a specimen of blood or breath or failed a breath or blood test by registering an alcohol concentration of .08 or greater.
• Jaffe & Woods: Many people think that DUIs are open and shut cases. Either you did it, or you didn't. Nothing could be farther from the truth. DUI law is constantly evolving in response to new challenges by the defense. Depending how you view it, we are either blessed or cursed to live in interesting times. DUI defense attorneys and their clients are limited only by their creativity as to the possible challenges in any given case. Below are some of the common challenges to evidence.
• David Smith: DUI is shorthand for "Driving Under the Influence." A person is guilty of DUI if he or she drives or is in actual physical control of a motor vehicle and is under the influence of alcoholic beverages or any chemical or controlled substance to the extent that his or her mental faculties are impaired or when his or her blood alcohol level (BAC) is above the legal limit for the state.