Voted Best DUI Lawyer in Scottsdale
If you have been accused of driving under the influence (DUI) and charged criminally, you may have serious concerns about what the future may bring. If convicted, you could be sent to jail and forced to contend with a criminal record for the rest of your life. Hiring an experienced and passionate DUI lawyer to meticulously examine your case can be critical.
Working with a strategically aggressive Scottsdale DUI lawyer from Steven George Law could be one of the best decisions you make. You need a private and highly experienced criminal defense lawyer on your side who will do everything possible to achieve the best possible results for you. If you or a loved one are facing charges, do not wait. Pick up the phone and contact our legal team to request a confidential consultation as soon as possible.
DUI Charges in Scottsdale Should Be Taken Seriously
The drunk driving laws in Arizona are especially strict. Those who are convicted of DUIs may face harsh criminal penalties. If this is your first time being charged with a DUI, your charges may be filed at the misdemeanor level. A person convicted of a first-time DUI is guilty of a class one misdemeanor which can result in a minimum of 10 days in jail and fines not less than $1,250 (including additional assessments) under ARS § 28-1381(C).
Second DUI Offense in Scottsdale
If this is your second offense within the last seven years, you could be facing up to $3,000 in fines and a minimum of 90 days jail. Whether this is your first or second offense, you could expect your driver’s license to be suspended or revoked, be required to install an ignition interlock device (IID) at your own expense and be required to perform community service.
If you have been charged with a second DUI, and your blood alcohol concentration (BAC) levels reach or exceed 0.15%, you could be charged with an extreme second offense DUI. You could be facing a minimum fine of $3,250 and a minimum of 120 days in jail pursuant to ARS § 28-1382(E)(1)
For habitual offenses and extreme BAC levels, the penalties only continue to increase. Individuals convicted of a second or subsequent DUI offense may face mandatory minimum jail terms of at least 90 days and fines of at least $3,000 and a license suspension of at least 12 months according to the Arizona Department of Transportation (ADOT). For extreme DUI offenses, if your BAC is over 0.15%, even a first offense can result in a minimum of at least 30 days in jail and at least $2,500 in fines
If anyone is seriously injured or killed as a result of the alleged drunk driving, you could face criminal charges for aggravated assault under Arizona Revised Statute § 13-1204 or even vehicular manslaughter under Arizona Revised Statute § 13-1103. These penalties are designed to be as harsh as possible to deter the public from driving while intoxicated or impaired.
Collateral Consequences May Be Equally as Devastating
Beyond criminal charges, the collateral consequences could be life-changing. Many people who have been convicted of DUIs find themselves demoted or terminated. You may also have your professional license suspended or revoked. If you hold a clearance or professional license, it is important to understand the disclosure requirements for your specific situation. Some situations may require that you only disclose a conviction but not an arrest. Other situations may require disclosure of the police contact or arrest right away. Failure to follow the requirements of your situation could result in termination of your position for nothing other than lack of timely disclosure.
Citizenship status matters as well. You could be subject to deportation if you are not a citizen of the US for pleading guilty to crime. Other collateral consequences could include having your child custody or visitation rights taken away, and losing your firearm and other civil rights if you are convicted at the felony level. Every situation is different, and it pays to work alongside a knowledgeable attorney who can guide you through all of the potential collateral consequences.
Scottsdale DUI License Suspensions – Arizona Implied Consent Laws
According to ARS 28–1321, all motorists give their implied consent to breath and chemical testing when they are stopped for suspicion of drunk driving. This means if law enforcement officers pull you over and believe you are under the influence, they can request you submit to a chemical or breath alcohol test. If you refuse, you will be in violation of the state’s implied consent laws. You should always request to speak to a lawyer before consenting to any tests or searches if stopped in Scottsdale for a DUI.
The Impact of Taking a Breathalyzer or Field Sobriety Test
If you refuse to submit to a chemical test, the officer must file a certified report of your refusal and may take your physical license pursuant to ARS § 28-1321(D)(2)(a-c). Violations of Arizona’s implied consent laws may result in a mandatory driver’s license suspension. Depending on the circumstances of your case, your driving privileges could be suspended or revoked for up to 24 months. You will also be expected to complete drug or alcohol screenings before the Arizona Department of Motor Vehicles (DMV) reinstates your driver’s license.
Again, before deciding to refuse or consent to a search or test, contact your dedicated DUI attorney in Scottsdale with Steven George Law to see what your next steps should be. No matter what the results may be, we will carefully examine the details of your case to craft the strongest defense strategy possible based on the evidence at hand.
Common Ways to Defend Against a Suspected DUI
Your DUI attorney in Scottsdale with Steven George Law will carefully review the specific circumstances of your case to determine which defenses are most suitable. Ideally, in many situations, we will introduce a defense, and pair that with mitigating circumstances, that compels the prosecutor to reduce your charges to a less serious charge, or dismiss the case against you entirely. In other cases, we will take the case all the way to the end and vigorously defend you at a jury trial.
In a Scottsdale DUI case, evidence could be suppressed or the case may be dismissed depending on the circumstances. This may happen if your constitutional rights were violated in some way, such as through police misconduct, Miranda rights violations, or unlawful seizure.
Other potential defenses that could be used to challenge your DUI charges include:
Administration/chain of custody of blood test
An illegal traffic stop
Breathalyzer inaccuracies
Breath test machine malfunction
Challenging blood test results
Challenging field sobriety tests
Challenging the arresting officer’s conduct
Failure to read you your rights
Improper DUI sobriety checkpoint
Innocent reasons for DUI symptoms
Lack of probable cause
No proof of driving
Violation of implied consent law
Violation of the right to independent test
Scottsdale DUI Frequently Asked Questions
Whether this is your first time facing DUI charges or you have been through this before, you may have many unanswered questions surrounding the charges against you and how the criminal justice system works. We believe you should feel confident and prepared when your case goes to trial. For that reason, we have created a comprehensive FAQ below that could provide you with the answers you need when you need them most.
You may have additional questions we do not cover here. If this is the case, take advantage of a free, no-obligation consultation. Our dedicated Scottsdale DUI lawyer will be happy to discuss the allegations against you, your criminal history, how to best approach your defense strategy and answer any lingering questions that you may have.
What is the statute of limitations for DUI charges in Scottsdale?
The statute of limitations for DUI charges sets the maximum amount of time the prosecutor has to bring criminal charges against you. Under ARS 13-107, misdemeanor DUI charges have a statute of limitations. Criminal charges must be filed within one year of the offense date otherwise your DUI lawyer in Scottsdale can petition the court to have your charges dismissed.
However, the statute of limitations for felony DUI charges is typically seven years from the offense date. Keep in mind that the statute of limitations does not automatically start counting down the day the incident occurred. It begins counting down from the day the district attorney or government officials become aware (or should have become aware) of the crime. Additionally, the statute of limitations could temporarily pause, or “toll”. This most often occurs when people who have been accused of committing a DUI leave the state. While out of state, the statute of limitations will not continue counting down.
Will I be granted bail?
You will likely be granted bail unless you are a habitual offender. If the judge believes you are a threat to yourself or society, they may grant you bail during your arraignment. Bail is meant to ensure that you return for your scheduled trial date.
In some cases, particularly if you are a first-time or a nonviolent offender, you could be released on your own recognizance (OR). This means you would not need to post bond to secure your release. However, if you have multiple DUI convictions on your record the judge has the authority to revoke your bail as described by ARS 13-3967.
Who are the best bail bondsmen in Scottsdale?
If you are granted bail, you will need to post bond before you can go home to your family. There are several reputable bail bondsmen in and around the Scottsdale region. Here are some of the top-rated bail bonds companies in the area:
BAIL BONDS USA
1532 E Thomas Rd
Phoenix, AZ
85014
Open 24 hours
(602) 224-5688
Sanctuary Bail Bonds
337 N 4th Ave
Phoenix, AZ
85003
Open 24 hours
(602) 224-5247
Didn’t Do It Bail Bonds
1837 S Mesa Dr a200
Mesa, AZ
85210
Located in The court center
Open 24 hours
(480) 689-6969
Affordable Bail Bonds
115 W McDowell Rd Suite 4A
Phoenix, AZ
85003
Open 24 hours
(602) 252-0111
Renegade Bail Bonds
122 N Central Ave
Phoenix, AZ
85003
(480) 881-5065
Where will my Scottsdale criminal DUI trial be held?
If you are arrested on suspicion of a DUI in Scottsdale, AZ, felony DUI trials will be held at the Maricopa County Superior Court while misdemeanor DUI cases are usually held at the Scottsdale City Court. They can be found at the following locations:
Superior Court of Arizona in Maricopa County
201 W Jefferson St
Phoenix, AZ
85003
(602) 506-3204
Scottsdale City Court
3700 N 75th St
Scottsdale, AZ
85251
(480) 312-2442
What is the 5th Amendment?
The Fifth Amendment protects you by affording you specific rights. Most notably, protection from self-incrimination. You are not legally obligated to answer law enforcement officers’ questions when you are detained without your attorney present. You should exercise your right to remain silent per Miranda v Arizona and do not say anything else until you speak to your Scottsdale DUI lawyer. The Fifth Amendment also protects you against the government taking your property without compensation, Double Jeopardy (being charged with a crime for a second time after you have already been acquitted or convicted), and the right to a fair trial.
Can police search my vehicle without a warrant?
Normally, police are required to have a warrant to search your vehicle.However, the law states that police are allowed to search your vehicle without a warrant if you give them permission to do so or if some other exception to the warrant requirement exists. One example could be that exigent circumstances exist. Another example might be that the car involved in the traffic stop will be towed by law enforcement and the officer is taking inventory of valuables in the vehicle.
Anything police find in the course of a lawful search could be used against you at trial.However, the opposite is also true. Fruits of an unlawful search may not be used against you at trial. It is important to remember that even if you initially consent to a search, you can revoke that consent at any time. You should never consent to a search without first speaking to an attorney. More information about revoking consent to a search can be found at Office of Justice Programs.
Can I have my Scottsdale DUI expunged?
Yes, under ARS § 13-911, if you have a DUI on your record, you may be eligible for expungement, also known as sealing the record of arrests, convictions, or sentences. When this happens, this offense can be removed or sealed from your criminal record. Then, if you are asked whether you have ever been arrested or convicted of a crime, you are legally allowed to answer “no”. However, not everyone will qualify for record sealing. Some of the criteria that must be met include:
Allowing the mandatory waiting period to pass
Completing the terms of your sentence
Paying any outstanding court fees or restitution
You may also be eligible for expungement if you were found not guilty, your DUI charges were dismissed, or you were arrested for a DUI, but charges were never formally filed. If you qualify for expungement, you can petition the Arizona Superior Court. The courts then review your petition and determine whether it should be granted or denied.
Schedule Your Defense Strategy With a Reputable Scottsdale DUI Attorney Today
Being arrested for a DUI in Scottsdale can be overwhelming. A lot can be on the line, including jail time, fine and fees, probation, your reputation, among others. Now is a time when you need to stay strong and prioritize a powerful defense strategy.
Consult with a respected and passionate Scottsdale DUI attorney from Steven George Law now to take charge of your defense strategy. Complete our secured contact form or call our office to schedule your confidential consultation as soon as today.
