Along with the various events that occur in the City of Scottsdale during the winter months comes an increased police presence focused on drivers who may be impaired by alcohol, marijuana or illegal drugs.  Police in Scottsdale routinely set up checkpoints outside of different venues and will stop people who commit even the most minor motor vehicle infractions.  After contacting a driver, police will look for signs of alcohol consumption and then initiate a DUI investigation.  

What DUI Charges Can You Face in Arizona?

Many people are shocked to see several different DUI charges on their citation or complaint after they have been stopped, investigated and arrested.  In Arizona, there are a number of different DUI charges you can be arrested and prosecuted for and all carry specific mandatory penalties.  

The different types of potential DUI charges in Arizona include:

1. Driving While Impaired to the Slightest Degree - This essentially means that any alcohol, marijuana, prescription or illegal drug you ingested may have impaired your ability to drive a vehicle to any degree

    2.  Driving with an Alcohol Concentration Above .08% - In Arizona, as in many other states, it is unlawful to operate a motor vehicle if you have an alcohol concentration as measured by a blood or breathalyzer test above .08% within two hours of driving.

    3.  Extreme DUI - Alleges that your alcohol concentration was above .15% within two hours of driving

    4.  Super Extreme DUI -  Applies to incidents where a person's alcohol concentration is determined to be above .20%

   5.  Illegal Drug/Metabolite DUI - Occurs when a drivers blood or urine test indicates the presence of an illegal drug such as cocaine, heroin or methamphetamine.        

     6. Aggravated DUI  - Is a felony in Arizona and applies to situations in which your license was previously suspended due to a prior DUI charge, you have more than two prior DUI's  within a seven year period, you were driving on the wrong side of the road or there were children under the age of 15 in your car.

What Are The Punishments For a DUI in Scottsdale?

You should be aware that Driving Under the Influence is prosecuted very aggressively by the Scottsdale City Prosecutor and can result in very significant penalties.  The Arizona Legislature has enacted laws which require specific mandatory penalties for people convicted of DUI.  The punishments include thousands of dollars in fines and fees, jail, substance abuse classes and installation of a breathalyzer device in your car.  

Can a DUI Charge Be Defended?

Although DUI cases are complex, an experienced DUI attorney can thoroughly investigate your case, research any potential issues and help you obtain the most favorable outcome possible.  Potential resolutions to a DUI charge can involve a complete dismissal, reduction of the charges, a plea agreement or challenging the prosecutor's case at trial.  

Some possible defenses which can be used to fight a DUI charge include:

1. Lack of Driving or Actual Physical Control

2. No Reasonable Suspicion to Stop

3. No Probable Cause to Arrest

4. Improperly Administered Field Sobriety Tests (FST's)

5. Denial of the Right to Speak with a Lawyer

6. Violation of Miranda Warnings

7. Inaccuracy of the Breath Testing Device

8. Portable Breath Testing Devices (PBT)

9. Retrograde Extrapolation

10. Deficiencies in Blood Alcohol Testing & Issues in Blood Cases

11. Denial of Independent Test

Are There License Suspension Issues Following a DUI Arrest?

If you have been arrested for DUI, either you or an attorney acting on your behalf must act immediately to protect your driving privileges. Whether you agreed to chemical testing or refused to provide a blood or breath sample following an arrest for DUI, it is likely that a suspension of your Arizona driving privileges is looming.  In most cases, police will confiscate your license and issue  an Admin Per Se or Implied Consent Notice to you. There is a very short time frame in which you must take action to avoid an immediate suspension.  Failure to properly request a hearing concerning your driving privileges with the Arizona Division of Motor Vehicles in a timely manner can result in your license being suspended for anywhere between ninety days and two years, depending on your history.

Call (480) 833-8613 for Immediate Help with Your DUI Case

Undoubtedly, a DUI conviction will result in very severe penalties. If you are charged with DUI in Scottsdale or any city within the greater Phoenix area, you should immediately consult with an experienced DUI lawyer for assistance.  Attorney Raymond Kimble is a former police officer, DUI and felony prosecutor and has represented thousands of people charged with DUI in Tempe, Mesa, Chandler, Gilbert, Scottsdale, Phoenix and other cities throughout Maricopa and Pinal Counties over the last twenty years. Ray Kimble  will have a clear understanding of all the circumstances in your case, along with the knowledge, skill and experience to protect your drivers license and achieve the best possible outcome for you.   

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