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Scottsdale DUI Lawyer (Alcohol and Prescriptions)

A DUI conviction on your record can lead to significant consequences, including the loss of your license for a year, the mandatory installation of an ignition interlock device (IDD), thousands of dollars in fines. When you are facing a DUI charge, it can be intimidating, and you might not know how to put together an effective defense against the charge. This is where your Scottsdale DUI defense attorney from The Law Offices of John Phebus is of particular value.

Contact The Law Offices of John Phebus to speak to a Scottsdale DUI lawyer who will carefully assess your case and work to build the strongest possible defense against your charge. Make no mistake, a DUI charge is a legal emergency and it is in your best interest to speak with a criminal defense attorney in Scottsdale as soon as possible. We also give legal representation to those with DUI charges in Peoria, Sun City, Surprise, and others in Maricopa County.

Drunk Driving is a Felony in Scottsdale

Under Arizona DUI laws, it is a crime for any person who is under the influence of intoxicating liquor or any drugs to drive a car or be in actual physical control of any vehicle. Applying for a driver’s license in Arizona includes giving consent to testing for your blood alcohol concentration or drug content (BADC) when you are arrested for driving while under the influence of intoxicating liquor or drugs (DUI). Through this informed consent law, officers in Arizona can request that you submit a BADC test of your blood, breath, urine, or other substance to measure the amount of drugs or alcohol in your bloodstream.

Refusing to submit to a BADC test leads to an automatic arrest for DUI, the loss of your driving privilege for 12 months, and the requirement that you complete alcohol or drug screening prior to obtaining a restricted permit to reinstate your license. DUI criminal charges can severely impact your future and should not be taken lightly. It is in your best interest to schedule a free case consultation with a criminal defense attorney in Scottsdale from our law firm.

Extreme DUIs and Super Extreme DUIs in Scottsdale

Maricopa County also takes the percentage of alcohol in one’s system into account while charging someone with a DUI. If the test results show a BADC between 0.15% and 0.20%, you could be charged with what is known as “Extreme DUI”. An extreme DUI charge carries harsher punishment than a regular DUI charge, even if the defendant is a first-time offender, including a mandatory minimum of 30 days in jail, a hefty fine, and community service.

If your BADC test results show a blood alcohol concentration of 0.20% or higher, you could be facing a “Super Extreme DUI” charge. As you can imagine, the punishments for this type of DUI charge are even harsher than extreme DUI charges. This DUI charge carries a mandatory minimum of 45 days in jail, a 30 day impound on your vehicle, and hefty fines.

If you are facing extreme DUI or super extreme DUI charges, we highly recommend a free consultation with a DUI defense attorney from our law office. The criminal charges you’re facing could permanently alter your life and even strip you of some rights. A Scottsdale criminal defense lawyer from The Law Offices of John Phebus can review your case and create the best defense strategy possible in order to help you.

Repeat DUIs in Scottsdale

Having more than one driving under the influence conviction on your criminal record will lead to more severe consequences and penalties for the second or subsequent DUI. Arizona is not kind to repeat drunk driving offenders. You will be classified as a repeat offender if your first DUI occurred within the last seven years (84 months) of your second. If this is not your first DUI, you could be facing harsher penalties than your first, such as:

  • A felony on your record rather than a misdemeanor
  • A minimum of 30 days spent in jail for a second DUI
  • A minimum of four months in jail for a third or subsequent DUI
  • Fines and fees exceeding $3,000 for a second DUI and $4,000 for a subsequent DUI
  • Driver’s license revocation for at least 12 months
  • Required ignition interlock devices
  • Mandatory drug or alcohol screening and education
  • Mandatory community service

If you are facing DUI charges with a prior DUI already on your record, it is crucial to hire an attorney. You are now facing felony charges that can have permanent ramifications on your life, such as giving up the right to vote and bear arms. An experienced DUI defense lawyer will do everything possible to minimize the penalties that you face as a repeat offender, potentially protecting you from lengthy jail time and other life-changing consequences.

Steps to Take After Receiving a DUI in Scottsdale

  1. During your traffic stop, cooperate with the police and do not resist arrest.
  2. Use your right to remain silent.
  3. Don’t answer any questions asked by the police until you have an attorney present.
  4. Contact a criminal defense lawyer in Scottsdale as soon as possible after your arrest.
  5. Get your license back or restricted driving privileges by filing a request with the MVD.
  6. Don’t miss any court dates or hearings.
  7. If you get convicted of DUI, attend any mandatory drug or alcohol screenings or classes.
  8. Pay to have ignition interlock devices (IIDs) installed in your vehicles, if applicable.
  9. Fulfill any other elements of your criminal sentence.
  10. Reach out to an attorney to discuss the possibility of having your record set aside or expunged.

Blood and Breath Tests

The police have the right to request a blood or breathalyzer test during a traffic stop if they suspect DUI. Every motor vehicle operator in Arizona gives their implied consent to breath and blood tests when the they obtain a driver’s license. If you refuse to take this test during a traffic stop, you will be subject to automatic penalties, including the suspension of your driver’s license.

Refusal to take a blood or breath test does not guarantee that you won’t be convicted of DUI. While the prosecutor will not have scientific evidence proving that you were over the legal limit, the fact that you refused to take the test can serve as evidence of your intoxication. Whether or not you should take a blood or breath test depends on the situation. Discuss this with an attorney after getting pulled over for an alleged DUI. The police cannot listen in on any phone calls made to your attorney.

Scottsdale Underage DUI Defenses

Getting arrested for a DUI while under the legal drinking age of 21 can result in different penalties than a typical DUI in Arizona. There is a different due process, as this type of crime does not require proof that the driver had a blood alcohol concentration level at or above 0.08 percent. Arizona is a Zero Tolerance state, meaning that an underage person can get arrested for DUI with any detectable amount of alcohol in his or her system.

However, there are defense strategies available to fight an underage DUI charge, even if they may look different than regular DUI defenses. Depending on the case, defense tactics may include accidental intoxication, was not in actual physical control of a motor vehicle, something other than drugs or alcohol triggered the test results, or unlawful arrest. Your lawyer may also be able to minimize the penalties you face if you’re convicted of a DUI, such as representing you in court to argue against the suspension of your license.

Reach Out to a Scottsdale DUI Lawyer for Help on Your Case Now

While you might have an opportunity to work with a public defender free of charge, public defenders often have many more cases than they can handle. As a result, they often do not have the time or resources to build a proper defense for the criminal cases they represent.

At The Law Offices of John Phebus, we use decades of experience in criminal law to build strong cases and are dedicated to fighting for the best outcome possible in defense of all of our clients. We will defend your rights, protect your professional licenses and reputation, and refuse to allow you to be prosecuted for anything that the state cannot absolutely prove each and every element of. We are a client-focused firm and provide our clients with top-notch criminal defense for their Scottsdale DUI charges.

Reach out to The Law Offices of John Phebus to schedule a case consultation or call (623) 847-7117 to discuss your best options and how we can support your defense.