Experienced DUI Lawyers in Scottsdale

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Scottsdale DUI Defense Lawyer

Why Choose The Law Offices of John Phebus as Your Scottsdale DUI Attorney?

At The Law Offices of John Phebus, we provide the legal representation you need and deserve. With our highly experienced Scottsdale DUI defense lawyers, state-of-the-art legal resources, and customized legal strategies, we are fully equipped to handle your DUI case in Scottsdale, Arizona. Our team is well-known for exceptional customer service and real results in Scottsdale and throughout Arizona, backed by over 357 five-star reviews.

Our DUI defense lawyers in Scottsdale charge no fees upfront. We operate on a contingency fee basis, meaning we only charge a fee if we win your DUI case. Trust us to work tirelessly to protect your rights and strive for the best possible outcome in your DUI proceedings.

 

Understanding DUI Basics in Scottsdale

Is Drunk Driving a Felony or Misdemeanor in Scottsdale

Under Scottsdale or Glendale 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 privileges for 12 months, and the requirement that you complete alcohol or drug screening before obtaining a restricted permit to reinstate your license. DUI criminal charges can severely impact your future and should not be taken lightly.

What to Know About Extreme DUIs in Scottsdale

Scottsdale, AZ, also takes the percentage of alcohol in one’s system into account when charging someone with a DUI. If the test results show a BAC between 0.15% and 0.20%, you could be charged with what is known as “Extreme DUI”. An extreme DUI charge in Scottsdale 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 BAC 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 Scottsdale DUI defense attorney from our law firm. The criminal charges you’re facing could permanently alter your life and even strip you of some rights. A DUI defense attorney from The Law Offices of John Phebus Scottsdale Criminal and Personal Injury Lawyer can review your case and create the best defense strategy possible in order to help you from harsh DUI penalties.

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Immediate Actions and Consequences in Scottsdale

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), and 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 why hiring an experienced Scottsdale DUI defense attorney from The Law Offices of John Phebus Scottsdale Criminal and Personal Injury Lawyer is important.

Make no mistake, a DUI charge is a legal emergency and it is in your best interest to speak with a criminal defense lawyer as soon as possible. Our law office also gives legal representation to those with DUI charges in Scottsdale, AZ.

What Should You Do After Being Charged With a DUI in Scottsdale?

  1. Contact a DUI defense lawyer in Scottsdale immediately after your arrest.
  2. Get your license back or restricted driving privileges by filing a request with the MVD.
  3. Don’t miss any court dates or hearings.
  4. If you get convicted of DUI, attend any mandatory drug or alcohol screenings or classes.
  5. If applicable, pay to have ignition interlock devices (IIDs) installed in your vehicles.
  6. Fulfill any other elements of your criminal sentence.
  7. Reach out to a defense attorney to discuss possibly having your record set aside or expunged.

Will My Driver’s License Be Suspended Due to a DUI?

Yes. In Scottsdale, Arizona, anyone who is arrested on suspicion of driving under the influence will have his or her license automatically suspended. This is true even if the individual has not yet been convicted. If you refuse to take a breathalyzer test, you will also have your driver’s license automatically suspended for 12 months. Arizona has an implied consent law, where all licensed drivers give their implied consent to submit to chemical testing during DUI traffic stops.

The length of your driver’s license suspension will depend on the circumstances. For a first-offense DUI, your license may be suspended for up to one year. If you are arrested for a second or subsequent DUI within an 84-month period, your license will be suspended for two years. In some circumstances, you may qualify to receive a restricted driver’s license that can allow you to drive to necessary locations, such as work and school.

While there is no way around having your driver’s license suspended due to a DUI, you can request a hearing at the Motor Vehicle Department within 10 days of your arrest. At this hearing, you or your Scottsdale DUI defense attorney can fight to potentially restore your driving privileges. Your lawyer may argue that you were not under the influence or that the prosecutor does not have enough evidence to prove a DUI case against you, for example.

Can I Get My Car Out of Impound?

In Scottsdale, Arizona, you may have your vehicle impounded upon suspicion of driving under the influence. Arizona Revised Statute, Section 28-3511 states that a peace officer has the right to remove and either immobilize or impound a motor vehicle for 30 days if the officer has reasonable suspicion that the driver is operating the vehicle while under the influence of drugs or alcohol.

If your car gets taken away from you under Arizona’s 30-day impound law, you will receive a Notice of Impoundment. This will have details such as where your vehicle is being stored and how you can retrieve it at the end of the holding period. However, you have the right to request a hearing to try to have your vehicle released early. You must request this hearing within 10 days of having your vehicle impounded.

Rather than going before a judge, you or your attorney will argue for the release of your vehicle before a police officer. Your attorney may argue that you did not commit the DUI or use another defense to secure the early release of your vehicle. If successful, you will still need to pay all the fees and charges associated with the impoundment of your vehicle to get the car back, including a tow charge and a daily storage fee from the holding lot.

What Are the Consequences of 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. Scottsdale, 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 case, you could be facing harsher penalties, 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 experienced Scottsdale DUI defense attorney. Facing felony charges can have permanent ramifications on your life, such as giving up the right to vote. A DUI lawyer in Scottsdale at The Law Offices of John Phebus Criminal and Personal Injury Lawyer will do everything possible to minimize the Arizona DUI penalties that you face as a repeat offender, potentially protecting you from lengthy jail time and other life-changing consequences.

Special DUI Cases in Scottsdale

How does Scottsdale handle DUI cases involving out-of-state drivers?

Scottsdale takes DUI cases involving out-of-state drivers seriously and follows strict procedures to ensure a fair legal process. If you are an out-of-state driver facing a DUI charge in Scottsdale, it is essential to seek legal representation from a knowledgeable Scottsdale DUI attorney who understands the specific challenges associated with cross-jurisdictional cases.

How are DUI cases involving commercial vehicle drivers handled differently in Scottsdale?

DUI cases involving commercial vehicle drivers in Scottsdale are treated more severely than cases involving non-commercial drivers. Commercial drivers, such as truck drivers or bus operators, are subject to federal regulations in addition to Arizona state law.

If a commercial driver is arrested for DUI in Scottsdale, they face not only criminal charges but also potential consequences related to their commercial driver’s license (CDL). A DUI conviction can result in the suspension or revocation of their CDL, effectively ending their career as a commercial driver.

It is even more imperative for commercial drivers to have representation from a highly experienced DUi defense lawyer.

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 Scottsdale, 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.

Underage DUI offenders in Scottsdale may face the following penalties:

  • License Suspension: The Arizona Department of Transportation (ADOT) may suspend the driver’s license for up to 2 years for a first-time offense.
  • Ignition Interlock Device (IID): If the driver’s license is not suspended, the court may require the installation of an IID in the offender’s vehicle. This device measures the driver’s BAC before allowing the vehicle to start.
  • Alcohol Education/Treatment Programs: Underage DUI offenders may be required to complete alcohol education or treatment programs as part of their sentence.
  • Fines and Fees: Fines for underage DUI convictions can range from $500 to $2,500, depending on the circumstances of the offense.
  • Probation: The court may impose probation, requiring the offender to comply with conditions such as regular check-ins, random drug tests, and attendance at counseling sessions.

Defense strategies for underage DUI can differ from standard cases. Possible defenses include arguing accidental intoxication, lack of control of the vehicle, or errors in testing. A Scottsdale DWI Defense Attorney can also work to reduce penalties, such as preventing license suspension or lessening the charges.

What specific laws govern the use of checkpoints for DUI arrests in Scottsdale?

Checkpoints, also known as sobriety checkpoints or roadblocks, are a method employed by law enforcement agencies to detect and apprehend individuals driving under the influence. The use of checkpoints in Scottsdale is governed by specific laws and regulations that aim to balance law enforcement’s need to prevent drunk driving with individuals’ constitutional rights.

In Arizona, the legality of DUI checkpoints is supported by the landmark Supreme Court case, Michigan Department of State Police v. Sitz. The court held that DUI checkpoints do not violate the Fourth Amendment’s prohibition against unreasonable searches and seizures if they adhere to certain guidelines and procedures.

DUI Testing and Evidence in Scottsdale

Blood and Breath Tests in Scottsdale

The police have the right to request a blood or breathalyzer test during a traffic stop if they suspect someone is driving under the influence. Every motor vehicle operator in Scottsdale, Arizona gives their implied consent to breath and blood tests when 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.

During a traffic stop, it is crucial to cooperate with the police and not resist arrest. 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. 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 DUI defense attorney.

What evidence is most critical in a Scottsdale DUI case?

The outcome of a DUI case depends on the evidence. The prosecution must prove beyond a reasonable doubt that the defendant was operating a vehicle under the influence of alcohol or drugs.

One of the key pieces of evidence in a DUI case is the results of the sobriety tests conducted at the time of the arrest. These tests may include a breathalyzer or blood test to measure the individual’s blood alcohol concentration (BAC). 

Witness testimony, including that of law enforcement officers, can also be critical evidence in a DUI case. Additionally, any video or audio recordings of the traffic stop or subsequent interactions with law enforcement can be valuable evidence. These recordings can help establish the conditions under which the arrest occurred and may reveal any procedural errors or misconduct on the part of the arresting officer.

It is important to note that each DUI case is unique, and the evidence required for a successful defense strategy may vary. A skilled Scottsdale Driving Under Influence Lawyer will conduct a thorough investigation and assessment of the evidence to build a robust defense strategy tailored to the individual case.

Legal Assistance and Defense in Scottsdale

Can a DUI Charge in Scottdale Be Defended?

Yes, a DUI charge in Scottsdale can be successfully defended. While we never guarantee positive results, our attorneys will work relentlessly to craft the strongest available defense strategy for your specific case. We will work to achieve the best possible case outcome, whether this is charge dismissal, acquittal at trial, or substantially reduced penalties with a plea deal.

Potential defense options against DUI charges include:

  • Lack of actual physical control of a vehicle
  • Lack of probable cause to conduct the traffic stop
  • Illegal search and seizure
  • Improperly administered BAC or field sobriety test
  • Violation of Miranda warnings
  • Inaccurate breath, urine, or blood tests
  • Issues with the chain of custody of evidence

Our lawyers will carefully analyze your DUI case for all possible defense options. We will search for holes or weaknesses in the prosecution’s case against you, as well as opportunities to have evidence suppressed or ruled as inadmissible. You can trust our Scottsdale DUI attorneys to recognize the best defense for your case and work hard to obtain a favorable result.

How can a Scottsdale DUI Law Specialist help in cases where the DUI resulted in an accident?

Cases where a DUI results in an accident can involve both criminal and civil legal proceedings. A Scottsdale DWI Attorney can analyze the circumstances surrounding the accident and address any increased criminal charges you might face.

In criminal proceedings, a DUI defense lawyer can work to challenge the evidence and build a strong defense strategy. They may investigate factors such as the accuracy of breathalyzer or blood test results, the reliability of witness testimony, or the possibility of contributory negligence by other parties involved in the accident.

How can a Scottsdale DUI Lawyer assist with an emergency response plan following a DUI arrest?

In addition to potential legal consequences, such as license suspension or fines, there may also be immediate concerns following a DUI arrest about finding alternative transportation or addressing any immediate medical needs. A Scottsdale DUI Defense Specialist can assist you in developing an emergency response plan to handle these situations effectively.

A lawyer can help connect you with transportation services to ensure you can continue with essential activities such as going to work or attending medical appointments while your case is pending. Additionally, they can provide guidance on accessing healthcare facilities or medical professionals who can evaluate any medical issues that may have arisen from the arrest.

Personal and Professional Impact in Scottsdale

What are the implications of a DUI on child custody and divorce proceedings in Scottsdale?

Family courts prioritize the best interests of the child when making determinations regarding child custody and visitation. A DUI conviction may be seen as evidence of a parent’s inability to provide a safe and stable environment for the child.

In divorce cases, a DUI conviction can impact the court’s decision on issues related to child custody and visitation. The court may impose restrictions or conditions on the parent’s visitation rights, such as supervised visitation or mandatory completion of alcohol treatment programs.

How does a DUI affect professional licenses and certifications in Scottsdale?

A DUI conviction in Scottsdale can have serious implications for professional licenses and certifications. Many licensing boards and professional organizations maintain strict ethical standards and may require individuals to disclose any criminal convictions, including DUI offenses.

Depending on the profession, a DUI conviction may result in disciplinary action, suspension, or even revocation of the professional license. This can have significant career repercussions, including the loss of job opportunities and difficulty finding employment in the future.

Our DUI Defense Lawyers in Scottsdale can provide guidance on how to navigate these potential consequences. They can help individuals understand the reporting requirements of their specific profession and assist in developing strategies to protect their professional reputation. Additionally, they can advocate for leniency or alternative disciplinary actions during disciplinary proceedings.

Get In Touch With Us

If you would like to discuss options on your case and how we can provide legal help, contact The Law Offices of John Phebus Glendale Criminal and Personal Injury Lawyer today and connect with one of our highly experienced Glendale criminal defense attorneys.

Alternative Sentencing Options and Comprehensive DUI Resources

What are the options for community service as an alternative to jail time for DUI offenses in Scottsdale?

In certain cases, individuals convicted of DUI offenses in Scottsdale may be eligible for alternative sentencing options, such as community service, rather than jail time. Community service allows offenders to contribute to the community while serving their sentence. It also provides an opportunity for individuals to learn from their mistakes and make amends.

The specific options for community service will vary depending on the jurisdiction and the severity of the offense. However, common community service activities may include volunteer work at local nonprofit organizations, participating in community clean-up projects, or assisting with local government initiatives.

A Scottsdale DUI Case Lawyer can help facilitate this alternative sentencing option by advocating for it during the legal process. They can present a strong case for why community service would be a more appropriate and beneficial form of punishment than jail time, taking into consideration factors such as the individual’s background, the circumstances of the offense, and any mitigating factors.

Resources for DUI Defense Victims

Are the Penalties for a DUI Involving Drugs the Same as Those for Alcohol?

Does a DUI Show Up On a Background Check?

Understanding the Role of Treatment Programs in DUI Cases

What Factors Influence a DUI Sentence in Arizona?

Can You Expunge a DUI Conviction in Arizona?

Are There DUI Diversion Programs in Arizona?

Common Defenses for Those Accused of a DUI

Reach Out to a Scottsdale DUI Attorney 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 Scottsdale Criminal and Personal Injury Lawyer, 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. Our DUI lawyers 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 free case consultation or call today at (623) 847-7117 to discuss your best options and how a Drunk Driving Lawyer in Scottsdale can support your case.

DUI Attorney Near Me

John Allen Phebus – Experienced Personal Injury & Criminal Defense Attorney

John Phebus is a seasoned attorney specializing in personal injury and criminal defense law. With a focus on DUI defense, vehicular crimes, and serious injury cases, John has been fiercely advocating for his clients, ensuring they receive the representation and compensation they deserve. His expertise and dedication have led to numerous successful outcomes. If you’re seeking a knowledgeable and passionate attorney who will fight for your rights, John Phebus is here to help.

Years of experience: +30 years


Client Reviews

What our clients are saying about us

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It was absolutely an immense pleasure working with The Law Offices of John Phebus. My attorney,John Phebus , gave the case for my family member all the time and attention that was needed to be successful with their appeal. He is an amazing person and excellent attorney. He has a calming and confident presence with his practice. I never once was treated as anything other than a valuable client by Mr.Phebus. I very much appreciate the knowledge and support I received through his Law firm. John’s team is highly experienced and helpful. Most importantly they treated our case with much care. Extremely impressed by their dedication and professionalism.

Frequently Asked Questions

A DUI Legal Representation Scottsdale is well-versed in the laws and regulations pertaining to DUI cases in Arizona. We have the knowledge and experience to examine each aspect of your case to identify potential weaknesses or mistakes that could lead to reduced charges or even dismissal of your DUI charges.

One way a Scottsdale Drunk Driving Attorney can help is by challenging the legality of the traffic stop. We will review the circumstances surrounding the stop to determine if there was probable cause or reasonable suspicion to pull you over. If it is found that the traffic stop was unlawful, any evidence obtained during the stop, such as field sobriety test results or breathalyzer readings, may be suppressed and deemed inadmissible in court.

Additionally, a Scottsdale DUI Criminal Attorney can scrutinize the accuracy and reliability of breathalyzer and blood tests. We will assess whether proper procedures were followed during the testing process and examine any potential factors that could have skewed the results, such as faulty equipment or improper handling of samples. If any discrepancies or errors are found, we can present a strong defense to challenge the validity of the test results.

Ultimately, hiring a DUI Lawyer in Scottsdale protects your rights and ensures that every possible avenue is explored to achieve the best possible outcome for your case.

Yes, a Scottsdale DUI Attorney is especially critical if you refused a breathalyzer test. By refusing to take a breathalyzer test, you may face consequences such as a driver’s license suspension. However, it does not automatically mean that you are guilty of DUI. A skilled Scottsdale DUI defense attorney will carefully examine the circumstances surrounding your refusal and build a defense strategy accordingly.

 

Challenging a DUI charge in Scottsdale, Arizona, involves several steps, and it is crucial to have a knowledgeable Scottsdale DUI defense lawyer by your side to guide you through the process. Here are the general steps involved in challenging a DUI charge:

  1. Investigation and evidence gathering
  2. Pre-trial motions
  3. Negotiation or plea bargaining
  4. Trial preparation
  5. Trial and verdict

With the guidance of a Scottsdale DUI Legal Expert, you can have confidence in your defense strategy and work toward achieving the best possible outcome for your case.

Every DUI case is unique, and the defenses available will depend on the specific circumstances surrounding the arrest. A skilled DUI Legal Representation will assess the details of your case to determine the most effective defense strategy. Here are some common defenses that may be used in DUI cases:

  • Improper traffic stop: If the officer lacked reasonable suspicion or probable cause to pull you over, your attorney can challenge the legality of the traffic stop. If successful, any evidence obtained during the stop, such as breathalyzer test results or field sobriety tests, may be suppressed and deemed inadmissible in court.
  • Inaccurate breathalyzer or blood test results: Your attorney can question the accuracy and reliability of breathalyzer or blood test results. They may examine whether proper testing procedures were followed, if the equipment was properly calibrated, and if the person administering the test was qualified. Any errors or irregularities can be used to challenge the validity of the test results.
  • Medical conditions or medications: Certain medical conditions and medications can produce symptoms that mimic the effects of alcohol impairment. If you have a medical condition or were taking medication that could have affected your performance on sobriety tests, your attorney can present evidence to support this defense.
  • Violation of Miranda rights or due process: If your rights were violated during your arrest, such as failure to advise you of your Miranda rights or lack of due process, your attorney can challenge the admissibility of any statements made or evidence obtained as a result.

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