Scottsdale DUI Attorney – Best Rated & Affordable DUI Defense in AZ
If you find yourself facing the complexities of a DUI charge in Scottsdale, Arizona, it’s natural to feel overwhelmed. With potentially severe penalties like jail time, hefty fines, and long-term repercussions on your driving and criminal records, understanding the process, knowing your rights, and having a skilled Scottsdale DUI attorney by your side can make all the difference.
At the Shah Law Firm, we’re committed to providing the best-rated and affordable DUI defense. We specialize in DUI defense strategies tailored to your unique situation.
In this article, we will discuss the following topics:
- Reasons to Consider Hiring an Affordable Scottsdale DUI Attorney
- Types of DUI Offenses Under Arizona Criminal Law
- Scottsdale City Court, Jurisdictions, and Scottsdale Jail
- Potential Fines & Jail Time for a First-Time DUI Offense in Scottsdale, AZ
- Increased Penalties for a Second DUI in AZ Within 7 Years
- 14 of the Best Scottsdale DUI Lawyer Defense Strategies for a Scottsdale DUI Charge
- Top 12 FAQs About Being Arrested for DUI in Scottsdale
- Contact our Scottsdale DUI Lawyer Arja Shah for a Free Consultation About Your DUI Case
The first step, and one of the most crucial, is finding the right advocate for your defense. An experienced Scottsdale DUI attorney can be your indispensable guide through the difficult journey ahead. Today, we spotlight the Shah Law Firm and why it’s a perfect choice when searching for a skilled Scottsdale DUI lawyer.
According to the Arizona Highway Safety Report’s data, there were over 28,823 total DUI-related arrests in 2020 that were attributed to over 600,000 vehicle-related citations. Meaning that the reasons for the traffic stop could have started with something as simple as a seatbelt violation or minor speeding. This statistic reminds us how just how seriously the state takes these violations.
Reasons to Consider Hiring an Affordable Scottsdale DUI Attorney
Attempting to fight a DUI charge on your own can feel like trying to build a skyscraper without a blueprint. As per Arizona Revised Statute 28-1381, a DUI offense is not just a traffic citation; it’s a serious crime that can have significant consequences. That’s where a knowledgeable Scottsdale DUI attorney like Arja Shah can make a real difference.
With Arja’s comprehensive understanding of Arizona DUI laws, years of experience, and over 3,000 clients successfully represented, she will work diligently to protect your rights, challenge the prosecution’s case, and seek the best possible outcome.
Under the guiding hand of Arja Shah, your defense strategy will be individually tailored to the unique circumstances of your case. The Shah Law Firm has a stellar reputation for scrutinizing every angle of your DUI charge, from the legality of the traffic stop to the reliability of breathalyzer results, and so much more.
Types of DUI Offenses Under Arizona Criminal Law
Throughout Arizona, DUI offenses are categorized under different sections of the Arizona Revised Statutes (ARS), each varying their degrees of severity and penalties.
- ARS 28-1381(A)(1) Impaired to the Slightest Degree:
Arizona law makes it unlawful for a person to drive or be in actual physical control of a vehicle in the state if they are under the influence of alcohol, a drug, a vapor-releasing substance containing a toxic substance, or any combination of these, and they are impaired to the slightest degree.
- ARS 28-1381(A)(2) Standard DUI:
Arizona law stipulates that it is illegal to drive or be in actual physical control of a vehicle if a person has a Blood Alcohol Concentration (BAC) of 0.08% or more within two hours of driving or being in control of the vehicle, and the alcohol was consumed either before or while driving.
- ARS 28-1381(A)(3) DUI Drugs:
Arizona law makes it illegal for a person to drive or be in actual physical control of a vehicle in the state if there is any drug defined by section 13-3401 or its metabolite in their body, irrespective of any actual impairment. This includes drugs such as marijuana, prescription medication, and illegal drugs.
- ARS 28-1382(A)(1) Extreme DUI:
This law states that it’s illegal for a person to drive or be in actual physical control of a vehicle if their Blood Alcohol Concentration (BAC) is 0.15% or more but less than 0.20% within two hours of driving or being in control of the vehicle.
- ARS 28-1382(A)(2) Super Extreme DUI:
This law makes it unlawful for a person to drive or be in actual physical control of a vehicle in Arizona if their BAC is 0.20% or more within two hours of driving.
- ARS 28-1383 Aggravated or Felony DUI:
An aggravated DUI occurs if you drive under the influence along with a suspended, canceled, or revoked driver’s license; if it’s your third DUI within 7 years; or if a child under 15 is in the vehicle. You can also be charged with a felony if you cause an accident in which someone is injured or killed while you are under the influence of drugs or alcohol.
Understanding these nuances in Arizona DUI laws is crucial for your defense, and the seasoned team at the Shah Law Firm can help navigate this complex landscape.
Scottsdale City Court, Jurisdictions, and Scottsdale Jail
Facing DUI charges in Scottsdale typically fall under the jurisdiction of the Scottsdale City Court, or the Maricopa County Superior Court for more serious offenses. You can be pulled over by Scottsdale Police Department, Arizona DPS when along Loop 101, or even a Maricopa County Sheriff.
The following map outlines the Scottsdale City boundaries.
Understanding the procedures and tendencies of these courts can play a vital role in your DUI defense.
Once convicted, the Scottsdale jail, also known as the Scottsdale City Jail, is where you might serve your sentence. However, with the right legal representation, such as a seasoned Scottsdale DUI attorney, the chances of avoiding or reducing jail time could be significantly improved.
|Scottsdale Police Department||8401 E Indian School Rd Scottsdale AZ 85251||Police department|
|Scottsdale Police Department||3700 N 75th St Scottsdale AZ 85251||Police department|
|Witzeman Public Safety Building||8401 E Indian School Rd Scottsdale AZ 85251||Public safety office|
|Scottsdale Police Department – District 1 McKellips||7601 E McKellips Rd Scottsdale AZ 85257||Police department|
|Scottsdale Police Department – District 3 Vía Linda||9065 E Vía Linda Scottsdale AZ 85258||City government office|
|Scottsdale City Court||3700 N 75th St Scottsdale AZ 85251||City courthouse|
|Scottsdale City Hall||City Hall 3939 N Drinkwater Blvd Scottsdale AZ 85251||City Hall|
|Scottsdale Payroll Department||One Civic Center 7447 E Indian School Rd Scottsdale AZ 85251||City government office|
|Scottsdale Planning & Development||7447 E Indian School Rd Scottsdale AZ 85251||City government office|
|Scottsdale City Jail||3700 N 75th St Scottsdale AZ 85251||Legal services|
Potential Fines & Jail Time for a First-Time DUI Offense in Scottsdale, AZ
In Arizona, even a first-time DUI misdemeanor offense can result in severe penalties. Under ARS 28-1381, a first-time DUI conviction could lead to a jail term of up to 10 days, fines of around $1,500, and a 90-day driver’s license suspension.
Additionally, you may be required to install an ignition interlock device on your vehicle for one year, attend alcohol education classes, and perform community service.
These penalties can be life-altering, but with the expertise of a skilled Scottsdale DUI attorney from the Shah Law Firm, you could potentially mitigate these consequences.
Increased Penalties for a Second DUI in AZ Within 7 Years
Under ARS 28-1381, if you are convicted of a second DUI within 7 years, the penalties escalate. The potential jail term extends up to 90 days, fines can total up to $3,500, and your license could be revoked for a year. Moreover, the length of time required for an ignition interlock device will increase, and community service and probation can drastically increase.
Facing such drastic consequences underscores the necessity for effective legal representation. By hiring a top-rated Scottsdale DUI lawyer like Arja Shah, you’re giving yourself a fighting chance.
14 of the Best Scottsdale DUI Lawyer Defense Strategies for a Scottsdale DUI Charge
A strong DUI defense involves rigorous investigation, strategic planning, and breaking down evidence the prosecutor may have against you. During your free initial consultation, Arja will examine all angles of your case to determine the best course of action to fight for your rights.
Below are some of the best DUI defenses that can be discussed during your free case review.
- Improper Stop: This defense strategy involves arguing that the police officer had no valid reason or probable cause to make the initial traffic stop.
- Faulty Field Sobriety Tests: Field Sobriety Tests (FSTs) can be inaccurate due to a variety of reasons, including poor instructions given by the officer, bad weather, uneven surfaces, or physical limitations of the driver. If the officer used FSTs that aren’t standardized by the National Highway Traffic Safety Administration (NHTSA), their reliability could be challenged. Medical conditions such as neurological disorders, physical injuries, or conditions affecting balance could render FST results invalid.
- Inaccurate Breathalyzer Results: Breathalyzer devices aren’t flawless and can sometimes provide inaccurate results. Causes for false results can include faulty calibration, improper use by the officer, or interference from certain medical conditions or substances.
- Lack of Evidence for “Actual Physical Control”: In Arizona, you can be charged with a DUI if you’re in “actual physical control” of a vehicle while impaired, even if you weren’t driving. However, what constitutes “actual physical control” can be argued in court. If there’s no clear evidence that you were operating the vehicle while intoxicated, this could be a possible defense.
- Medical Conditions: Certain medical conditions can mimic signs of intoxication or can interfere with BAC testing. Conditions like GERD, diabetes, or even being on a high-protein diet can sometimes result in falsely elevated BAC readings.
- Rights to an Independent Blood Test: If you requested to be released by the police to perform an independent blood test, and were denied, that could be a violation of your rights.
- Administration of the Horizontal Gaze Nystagmus (HGN) Test: The HGN test, which involves following an object with your eyes, is often used to gauge impairment. However, it can be improperly administered, or certain medical conditions can affect the results.
- Failure to Follow Accurate Blood Sample Procedures: There are specific procedures and rules created for collecting, storing, and analyzing blood samples in a DUI case. If these rules are not strictly followed, the results may be challenged. Improper administration or storage of blood samples defense argues that the blood sample was improperly collected, stored, or analyzed, which may have led to a false positive result. For example, if an alcohol wipe was used at the injection site.
- Duress or Necessity: This defense argues that you had to drive to avoid a greater evil or immediate harm, and there were no other viable options available.
- Police Misconduct: Any misconduct by the police, such as falsifying reports or tampering with evidence, can be used as a defense. If there are inconsistencies or errors in the police report, these could be used to challenge the credibility of the evidence.
- Mistaken Symptoms of Intoxication: Symptoms such as bloodshot eyes, slurred speech, or imbalance could be caused by fatigue, allergies, mental illness, or physical injury, rather than intoxication.
- Involuntary Intoxication: If someone spiked your drink or you were otherwise unknowingly given alcohol or drugs, you may be able to use this as a defense.
- Failure to Provide Prompt and Clear Miranda Warnings: If the officer failed to provide you with your Miranda rights in a timely and understandable manner after placing you under arrest, it could affect the admissibility of certain evidence. If law enforcement officials fail to observe your constitutional rights during the arrest process, such as not reading you your Miranda rights or conducting an illegal search, this could provide a viable defense.
- Dietary Interference: Certain diets, such as the ketogenic diet, can result in the production of isopropyl alcohol in the body, which could lead to false positives on breathalyzer tests.
Each of these defenses requires careful examination of your case’s facts and the right legal strategy. Therefore, having an experienced law group can be instrumental in creating a solid defense.
Top 12 FAQs About Being Arrested for DUI in Scottsdale
As a defense law office, we have been asked numerous questions regarding a drunk driving conviction. Below are the most common questions and answers to impaired driving criminal charges. If you have additional questions about being charged with DUI or DWI, contact us today for a free consultation.
- Do I need SR-22 insurance after being convicted of a DUI in Scottsdale?
Yes, in most cases, if you are convicted of a DUI in Scottsdale, you will be required to carry SR-22 insurance, a form of high-risk insurance, for a certain period of time.
- Is a DUI involving a car accident a felony in Scottsdale?
A DUI car accident can potentially be a felony, especially if the accident results in serious injury or death, or if the driver has prior DUI convictions.
- What if I have my Commercial Driver’s License (CDL) and get arrested for drunk driving in Scottsdale?
If you have a DUI with a CDL in Scottsdale, you may face harsher penalties, including potentially losing your CDL, even if you were not driving a commercial vehicle at the time of the offense.
- Can I refuse a breathalyzer test in Scottsdale?
Under Arizona’s implied consent law, refusal to take a breathalyzer test can result in an automatic one-year suspension of your driver’s license.
- How long does a DUI stay on my record in Arizona?
In Arizona, a DUI conviction remains on your driving record for 7 years and stays on your criminal record indefinitely unless it is set aside or expunged.
- What’s the difference between a misdemeanor DUI and a felony DUI in Arizona?
The difference between a misdemeanor DUI and a felony DUI typically depends on the circumstances of the offense, such as the driver’s BAC, prior DUI convictions, whether a minor was in the vehicle, or if the driver had a suspended license.
- What is an ignition interlock device, and when is it required in Scottsdale?
An ignition interlock device is a breathalyzer installed in your vehicle that prevents it from starting if alcohol is detected in your breath. In Arizona, this device is often required after a DUI conviction.
- What if I was arrested for DUI but wasn’t actually driving?
In Arizona, you can be charged with a DUI if you were in “actual physical control” of a vehicle while impaired, even if you weren’t driving. The specifics of what constitutes “actual physical control” can be complex and may be a point of contention in your defense.
- What happens if I’m a minor and get a DUI in Scottsdale?
If a minor is caught with any detectable amount of alcohol in their system while driving, they can be charged with a Scottsdale underage DUI under Arizona’s zero tolerance law, which could result in license suspension, fines, and mandatory education programs.
- Can a DUI charge affect my employment in Scottsdale?
A DUI conviction can potentially affect your employment, particularly if your job involves driving or if your employer conducts routine background checks.
- What happens if I get a DUI while visiting Scottsdale from another state?
If you get a DUI while visiting Scottsdale from another state, you will still be subject to Arizona’s DUI laws and penalties. Additionally, your home state may impose further penalties upon your return.
- Can I get a DUI expunged from my record in Scottsdale?
Arizona does not allow DUI convictions to be expunged, but they can be ‘set aside’ under certain circumstances.
Contact our Scottsdale DUI Lawyer Arja Shah for a Free Consultation About Your DUI Case
Choosing the Shah Law Firm means that you will be guided by a knowledgeable and experienced DUI attorney who can spot any weaknesses in the prosecutor’s case, ensuring that every possible defense strategy is explored and utilized.
No one plans on facing a drunk driving charge, but life can take unexpected turns. During these challenging times, it’s crucial to remember that you don’t have to face it alone.
The Shah Law Firm, led by criminal defense attorney Arja Shah, is dedicated to providing the best-rated and most affordable DUI defense. Our deep understanding of Arizona DUI laws and their proven defense strategies could be the essential difference between a harsh sentence and a more favorable outcome.
Remember, a DUI charge is a critical situation that demands an exceptional defense. With a criminal defense lawyer from the Shah Law Firm at your side, you’ll not only have a winning Scottsdale DUI attorney on your side but a formidable ally in your fight for justice.
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