Regular DUI

Scottsdale DUI Attorney

If you or a loved one have been arrested for driving under the influence in Arizona, it is important to take action immediately. Civil Rights Restored Scottsdale DUI attorney provides skilled DUI defense that stands out. We understand that a DUI causes serious upheaval in life and we are prepared to help you. Our strategy is to provide above average representation from the beginning of the case to the very end. We represent our clients in both the Motor Vehicle Division case and the criminal case. It is important to start building your defense at the earliest stages of your case. Call now to speak with an Arizona DUI defense lawyer for a free consultation.

Hiring an Arizona DUI Defense Lawyer to Defend Your Case

Sheena Lemmons – Scottsdale DUI Attorney

Skilled and Aggressive DUI Defense Lawyer

Arizona easily ranks among the top of the list of states for the most vigorous DUI prosecution in the United States. If you or a loved one are facing DUI charges in Arizona, there is a lot at stake. A conviction for a DUI runs into the thousands of dollars in fines and fees and requires mandatory jail time. It also results in driver’s license suspension or revocation. Another requirement is an ignition interlock device must be installed on your vehicle in order to start and operate the vehicle. Thus, it is important that you consult with a DUI defense lawyer immediately to begin building your defense.

Scottsdale DUI attorney, Sheena Lemmons, is skilled at finding the weaknesses in the state’s case and getting results. With former prosecutorial experience, she is ready to challenge the state’s investigation against you. Our goal is to achieve the best possible outcome for our clients. For example, we may negotiate for full dismissal, reduced charges, acquittal, and favorable sentencing.

Many people do not know that there are many potential defenses to DUI charges. It is well worth hiring a skilled Arizona DUI defense lawyer to defend your case and mitigate the consequences.

Regular DUI / DWI BAC 0.08 – 0.149

Misdemeanor DUI – A.R.S. § 28-1381

Arizona has a zero tolerance policy for violations of DUI. This means that it is possible to be found guilty of DUI in Arizona if proved to be impaired to the slightest degree.

The “legal limit” of alcohol in Arizona in a person’s body is 0.08 blood alcohol concentration (BAC). A person is presumed to be impaired if their BAC is 0.08 or higher.

If you were arrested on suspicion of DUI / DWI in Arizona, you can expect the state to file two or more charges, or counts, against you.

• Impaired to the Slightest Degree A.R.S. § 28-1381(A)(1) –
  • Arizona’s lowest category of DUI. A driver may be found guilty of DUI if proved to be under the influence of alcohol or drugs while impaired to the slightest degree. This type of DUI deals with the suspicion of being under the influence. As evidenced by driving cues, signs and symptoms of physical impairment, and any oral admissions made.
• Driving While Impaired with a BAC 0.08 – 0.149 A.R.S. § 28-1381(A)(2) –
  • There is a presumption of impairment if within two hours of driving, the defendant has a BAC of 0.08 or more. This category of DUI deals with the scientific, chemical testing of blood and/or breath in order to prove the defendant is impaired.
• DUI Drugs A.R.S. § 28-1381(A)(3) –
  • This category of DUI deals with the presence in your body of drugs. For example, prescription drugs, illegal, or illicit drugs in which you do not have a valid prescription. The state must prove the person drove or was in actual physical control of a vehicle while there is any drug or its metabolite in the person’s body listed in A.R.S. 13-3401. It is a strict liability offense for having illegal drugs in your body. Therefore, the state does not have to prove that you are impaired to the slightest degree. However, the traffic stop must have been based on reasonable suspicion and any chemical testing must still be based on probable cause that a crime has been committed. You have a statutory, affirmative defense to DUI charges dealing with prescription medication as long as you have a valid prescription.

If convicted, this category of DUI results in a class 1 misdemeanor.

Our Scottsdale DUI attorney at Civil Rights Restored is prepared to defend your case aggressively. We understand that there is a lot at stake when facing charges of DUI. For instance, your driving privileges, possible loss of your career, incarceration, and heavy fines and penalties.

Call us for a free consultation with an Arizona DUI defense lawyer and get started today.

Possible Penalties for Misdemeanor DUI Conviction in Arizona

First-Offense Regular DUI / DWI

• Class 1 misdemeanor.
• 10 days in jail, of which at least 1 day must be served.
• Remaining 9 days jail may be suspended if alcohol or drug treatment is completed.
• Court ordered fines, fees, and surcharges exceeding $1480.
• 90-day license suspension or 1-year, depending on circumstances.
• Attend Traffic Survival School.
• Attend alcohol treatment classes.
• Probation period up to 5-years.
• Mandatory installation in your car of a certified ignition interlock device (IID) following driver’s license reinstatement for 1-year (costs approximately $1200).
• Possible community service.
• Possible SR-22 Required (Proof of High Risk Insurance).
• Possible higher car insurance premiums.

Second Regular DUI in 84-Months / Third Non-Extreme DUI in 84-Months

• Class 1 misdemeanor.
• 90 days in jail, of which at least 30 days must be served.
• Remaining 60 days jail may be suspended if alcohol or drug treatment is completed.
• Maximum penalty is 6 months jail.
• Mandatory minimum court ordered fines, fees, and surcharges exceeding $2500.
• One-year driver’s license revocation from date of conviction.
• Attend Traffic Survival School.
• Attend alcohol treatment classes.
• 30-hours of community service.
• Probation for up to 5-years.
• Mandatory installation in your car of a certified ignition interlock device (IID) for one-year following driver’s license reinstatement (costs approximately $1200).
• Proof of High Risk Insurance (SR-22) on file with AZ MVD for 3-years.
• Possible higher car insurance premiums.

Third Non-Extreme DUI in 84-Months

The state will likely charge a third-offense DUI as an Aggravated DUI, which is a felony in Arizona. A felony DUI conviction carries with it mandatory prison-time.

See our AGGRAVATED DUI page for more information.

The state will likely file 3 or more charges:

• DUI impaired to the slightest degree;
• DWI with BAC 0.08 – 0.149;
• DUI Drugs;
• Aggravated DUI A.R.S. 28-1383.

Types of Aggravated DUI Charges:

• Third or more DUI in 84-months;
• DUI while driver’s license is suspended;
• DUI with a child under 15-years old in the vehicle;
• DUI while certified ignition interlock device installed in your vehicle.

A felony conviction stays on a person’s criminal record in Arizona forever. As a consequence, if you are charged with another felony, the state can allege a prior felony conviction for sentencing enhancements.

Contact Scottsdale DUI attorney, Sheena Lemmons, for a free consultation today.

Defense for Your Case – Scottsdale DUI Attorney

Every case has its own unique set of facts and circumstances. This is why it is important to contact a Scottsdale DUI attorney skilled at attacking the state’s case.

Time is of the essence in a criminal matter. Call for a free consultation with a DUI defense lawyer.