DUI Lawyers Serving Scottsdale

Scottsdale DUI Lawyer

Honest counsel. From start to finish.

I'm Stewart Salwin. For years I prosecuted DUI cases for Maricopa County. Now I defend them, and I handle every case I take myself. Call me and you will get an honest evaluation of where your case stands and how to keep you on the road and out of jail as much as possible. No high-pressure sales tactics of other firms. Just an honest conversation with an experienced Scottsdale DUI lawyer.

Scottsdale DUI Lawyer, Stewart Salwin
15+ Years
In Arizona criminal law
1000s
Of DUIs handled
Former
DUI prosecutor
Harvard
Law School graduate

Choosing a Scottsdale DUI Lawyer

Honest and Direct Counsel from a Former DUI Prosecutor

If you are comparing DUI lawyers right now, every website looks about the same: the suit, the reviews, the promise of aggressive representation. So ask each firm two questions. Is the person on this call actually a lawyer? And is that lawyer the one who will stand next to me in court?

At many large firms the honest answer is no. You talk to a salesperson, and after you sign, your file goes to an associate who is not the face on the billboard. Some firms assign whichever attorney covers that courthouse that day, so you re-explain your case at every hearing.

"When you talk to a lawyer during the consultation, first find a lawyer with extensive experience in DUI, and then do a gut check and see if you feel like you can trust this person when you talk to them. Your lawyer will be handling your freedom, and you need to be comfortable with him."Stewart Salwin · On choosing a DUI lawyer

What You Get When You Hire Me

These are the specific things I do in every DUI case I take. I limit my caseload so I can handle each matter personally to give you the high-quality, boutique law firm experience.

Flat Fee Pricing

I offer flat fee rates for DUI cases, with no hidden fees, so you know what you are committing to. I also accept credit cards, and often I can work out payment plans with clients. I have a general idea of what other firms charge, and while I'm not the cheapest option, I'm not the most expensive lawyer either. I believe in charging my clients fairly.

Direct access to your attorney

My clients text me and email me directly, and I return communications as quickly as I can. When you have questions about your case, you get answers from the attorney you hired. Few other firms can say the same thing. And none of them can offer you a former prosecutor and Harvard Law graduate.

Court appearances covered

In most misdemeanor DUI cases I can appear on your behalf for almost all hearings so that the case interrupts your work and life as little as possible. You usually only have to appear for one hearing when the case is ready to resolve. And if you live out of state, Scottsdale Court will usually let you appear remotely.

Who You Hire is Who You Get

With some big firms, you speak to an "intake specialist" (who is sometimes not even a lawyer) for your consultation, he makes big promises, then he passes you off to a junior associate who handles the case. Sometimes you even get passed off a couple of times. With Salwin Law, I'm the one who conducts your initial consultation, I'm the one who handles your case, and I'm the one who stands next to you in court.

Full evidence review

I read your file with the experience of a former prosecutor. I know what prosecutors look for in a case, and I know what weakens the State's case. When a lawyer doesn't have the experience of a former prosecutor, he only has half the picture. Things look different from the other side, and I know what really moves the needle to convince prosecutors to get charges reduced. Whether attacking the blood work, conducting a blood retest, or finding constitutional violations, I've handled it all.

An honest read, before you pay anything

The consultation is free and it comes with the truth. I talk to my clients like I would speak to my best friend or a family member. I have the legal experience, and you have the criminal charge. I try to download the information from my brain into yours, so you understand exactly the best way to move forward. Sometimes what I say is what clients want to hear, but sometimes it's what clients need to hear. I can't promise you a case outcome, but I can promise you that you'll always get the truth with me.

Previous DUI case results

Real Cases. Real Outcomes.

Here is a small sample of my case results for DUIs in Scottsdale City Court. All of these are examples from clients specifically in Scottsdale. The same prosecutors I negotiated with in these cases are the same prosecutors that are working the court today. You can read more case results here.

2nd Time Regular DUI

Reduced to Reckless Driving

Client was facing 30 days of jail at a minimum. I negotiated with the prosecutor to reduce the charge to reckless driving. No jail time and no license consequences.

2nd Super Extreme DUI Involving an Accident

Reduced to 2nd Regular DUI

The State's initial plea offer was to the mandatory minimum sentence of a 2nd time Super Extreme DUI of 180 days of jail. I was able to remove 150 days of jail, so my client only had to do 6 days of jail and 24 days of home detention. This saved him not only months of his life, but thousands of dollars in jail cost fees.

2nd Time Regular DUI

Reduced to 1st Time Regular DUI

Client was facing a minimum of 30 days of jail for a second DUI within 7 years. The charge was reduced to a first time DUI with one day of jail. This saved my client 29 days of his life and thousands in court fines and jail costs, far more than the cost of my legal fees.

Hear an example of how I got a 2nd time DUI reduced to Reckless Driving in Scottsdale Court.

Watch · A 2nd DUI Reduced to Reckless Driving Watch · A 2nd DUI Reduced to Reckless Driving

Past results do not guarantee future outcomes. Every case is different and is judged on its own merits. See more case results.

How it works when you call our office

From Today to Resolution

I limit my caseload so every client gets the time their case deserves. Here is the path a Scottsdale DUI case actually takes, deadlines included.

Day 0 · The Call01

The honest read

Free, and with me. You tell me what happened; I tell you the technical range, the realistic range for facts like yours, and what I would do next. Clients routinely tell me at the end of a case that the outcome matched what I said in this first conversation.

The License Deadline02

30 days to protect your license

Your license suspension case starts even before your criminal case does. Under Arizona's admin per se law you have 30 days to request an MVD hearing to put a stay on the automatic license suspension. Filing that request, and discussing how to keep you driving as much as possible, is the first thing we handle.

First Filings03

I take over the paperwork

I file my notice of appearance with the court, which usually vacates your arraignment and sets a pretrial conference, and I notify the prosecutor that I represent you. That starts discovery: the police report, the body cam, the breath or blood work.

The Evidence04

I read your file like the prosecutor I was

We review the whole file and look for every detail that can affect your case. Finding problems with the blood results and constitutional violations that the police committed are some of the most common ways that we can get charges significantly reduced or dismissed. I dig deep into the evidence because sometimes issues that are not present in the police reports appear in the body cam footage. Careful review of body cams has made the difference in many of my cases.

Negotiation & Motions05

Where cases actually move

The prosecutor charging your case may be reviewing fifty a week; the deep review is my job. When I find a real problem, I point them to the exact timestamp. A right to counsel violation can require dismissal in Arizona. An invalid stop can suppress everything that followed it, which leaves the state with no case.

Resolution06

Trial only if it serves you

Most DUI cases resolve in negotiation, and that is where a former prosecutor's read of the file earns its keep. But if the state's offer does not serve you, I have personally tried more than 70 criminal cases. We do not accept a bad deal because trial is inconvenient.

5
Years · Maricopa County Attorney's Office

I learned the playbook from inside

I spent five years as a prosecutor at the Maricopa County Attorney's Office and charged thousands of DUI cases from the other side of the table. When I read your file, I see what the prosecutor sees: where the case is strong, and where it is going to break.

2014
The year I switched sides

Since then, every case stays with me

I opened my own practice to defend people the way I would want to be defended: personally, honestly, and from the first phone call to the resolution. Your case is mine. It does not get passed down the hall.

Scottsdale DUI Lawyer, Stewart Salwin

Your Scottsdale DUI attorney

Who You Are Actually Hiring

I grew up in Phoenix, studied at Georgetown, and graduated from Harvard Law School. I spent five years as a prosecutor at the Maricopa County Attorney's Office, and since 2014 I have defended the same kinds of cases I used to bring, most of them DUIs. I started my own firm because I wanted to work with people I can actually help, and to see every case through from the first phone call to the resolution. What I put out into the world is a representation of who I am, and I treat every case that way. Practically, that means you get me. My clients text me and email me directly, and I return communications as quickly as I can. When we talk about your case, you are hearing the strengths and the weaknesses from the person who read the file.

"It's satisfying to see something from start to finish. To take somebody from one point in the journey to the other point of the journey, and for them to be very, very pleased and happy with it."
Georgetown · Harvard Law5 years, Maricopa County prosecutorDefending since 2014Thousands of Satisfied Clients

As an attorney, I was terrified after being charged with a DUI. Stewart walked me through the entire process. All of my questions were answered in detail. I am forever grateful for the outcome of my case.

Former client · A practicing defense attorney charged with a DUI We value our clients' privacy; names are removed from published reviews. A past client's experience does not predict your outcome.

Straight answers

Questions People Ask Right Before They Hire

What does it cost to hire you for a DUI?
You will not find prices on this page, and be careful with anyone who quotes one before hearing your facts. Here is how it works with me: the consultation is free, and if we are a fit, I quote your fee up front for the case as charged. One fair price, no surprises, and the attorney you are paying for is the attorney who does the work. If another firm quotes you less, ask who will actually be handling your case. The answer usually explains the difference.
What happens on the first call?
You talk to me, not an intake team. You tell me what happened, and I listen. Then I give you a frank, honest assessment: the technical range of what you are facing, the realistic range for facts like yours, and what is happening with your license. Most people feel better after that first conversation, not because I sugarcoat anything, but because a real map beats imagined worst cases.
Can my DUI be dismissed?
Some can, and no honest attorney will promise yours in advance. Dismissals happen for specific reasons. If the police denied your right to counsel during the investigation, Arizona courts treat that as grounds for dismissal; I have won a dismissal on body cam footage showing exactly that. If the stop itself was invalid, everything gathered after it gets suppressed, which leaves the state without a case. And when the blood result sits on the margin of error, a retest can move the charge down a tier rather than erase it. Which of these, if any, applies to you is exactly what my review of your file is for.
What about my license?
Your license is a separate case with a faster clock. The MVD starts an automatic suspension after a DUI arrest, and under Arizona's admin per se law you have 30 days to request the hearing that puts that suspension on hold. Handling that deadline, and choosing the license strategy that actually serves you, is one of the first things I do when you hire me. If a suspension does come later, a restricted license can often keep you driving to work.
Do I really need a lawyer for a first DUI?
Most of the DUI clients I represent are first-time offenders, and Arizona treats a first offense as a crime with mandatory penalties: the minimum for a first regular DUI is 10 days in jail with 9 suspended after alcohol screening, plus fines, an ignition interlock, and license consequences. Meanwhile, the prosecutor charging your case may be reviewing fifty files a week. Nobody on the state's side is combing your file for problems; that is the defense attorney's job. Whether you hire me or someone else, have a DUI lawyer read your case before you accept anything.
Will I go to jail?
Here is the honest frame. Technically, any misdemeanor DUI in Arizona can carry up to six months of jail, and that ceiling is the number people fixate on at two in the morning. The ceiling is not the typical outcome. For many first-time cases, the worst case you are imagining is one I have rarely, if ever, seen happen on facts like yours, and I can tell you that with the confidence of someone who has handled thousands of these. On the first call I will give you the realistic range for your actual case, not the chart.

The charges, explained

DUI Charges and Punishments in Arizona

Watch · First-Time DUI Charges in Arizona Watch · First-Time DUI Charges in Arizona

Most first-time DUIs are class 1 misdemeanors

Under Arizona law, most first-time DUI charges are class 1 misdemeanors. An aggravated DUI is a felony, but a first arrest usually means misdemeanor charges. A misdemeanor DUI carries a maximum of six months in jail and $2,500 in fines. What makes DUI different from most other class 1 misdemeanors is the mandatory minimum: if you are convicted, the judge must impose at least the minimum sentence for your charge tier.

The A1 and A2 charges

A DUI arrest usually produces at least two charges. The A1 charge, from subsection (A)(1) of A.R.S. § 28-1381, covers driving or being in actual physical control of a vehicle while impaired to the slightest degree by alcohol or a drug. Your blood alcohol content is not the question on this charge; impairment is. The A2 charge covers driving with a BAC of .08 or more, and there impairment is not the question; the number is. The two charges give the state two different ways to prove one case.

A prescription does not usually protect you on the A1 charge. If a drug impaired your ability to drive, even a prescribed drug, including medical marijuana, it can support a DUI arrest. The separate A3 drug charge covers having a drug in your system without a valid prescription, and there a valid prescription usually is a defense.

The Different Types of DUIs in Arizona

Below are the minimum punishments you can face for each type of DUI in Arizona. Although these are the mandatory minimums that a court must order under Arizona law, the judge may order more jail time and fines.

Regular DUI, 0.08+ BAC

No Prior DUIs

  • 10 days in jail (reducible to one day with completion of alcohol screening)
  • Minimum $1,250 in fines
  • Possible community service
  • Ignition interlock device
  • Must attend driving school

1 Prior DUI

  • 90 days in jail (reducible to 30 days with completion of screening)
  • Minimum $3,000 in fines
  • Minimum 30 hours of community service
  • Driving privileges revoked for one year
  • Ignition interlock device
  • Must attend driving school

Extreme DUI, 0.15+ BAC

No Prior DUIs

  • 30 consecutive days in jail (reducible to 9 days if ignition interlock is installed in car)
  • Minimum $2,500 in fines
  • Possible community service
  • Ignition interlock device for at least one year
  • Must attend driving school

1 Prior DUI

  • 120 days in jail, 60 must be served consecutively
  • Minimum $3,250 in fines
  • Minimum 30 hours of community service
  • Driving privileges revoked for a minimum of one year
  • Ignition interlock device
  • Driving school

Super Extreme DUI, 0.20+ BAC

No Prior DUIs

  • 45 consecutive days in jail (reducible to 14 days if ignition interlock is installed in car)
  • Minimum $2,750 in fines
  • Possible community service
  • Ignition interlock device
  • Must attend driving school

1 Prior DUI

  • 180 days in jail, 90 must be served consecutively
  • Minimum $3,750 in fines
  • Minimum 30 hours of community service
  • Driving privileges revoked for a minimum of 1 year
  • Ignition interlock device
  • Must attend driving school

Aggravated DUI

In some circumstances, a driver may also be charged with what is known as aggravated DUI. This is a felony, and it is punishable with increased fines and with a prison term. The minimum prison term for an aggravated DUI in some cases is between four to eight months.

What a DUI arrest does to your license

A DUI arrest also starts the MVD's admin per se process, an automatic license suspension of at least 90 days that runs separately from the criminal case. Filing a hearing request before the deadline puts the suspension on hold until a hearing decides whether the police had grounds to believe you were impaired. If you refused the chemical test, the revocation runs a full year, and that can also be put on hold with the right filings. The deadline and how we handle it are covered in the timeline above.

How cases get reduced or dismissed

The Top DUI Defenses in Arizona

Watch · Top 5 DUI Defenses in Arizona Watch · Top 5 DUI Defenses in Arizona

These are five of the defenses I look for first in every DUI file. Some attack the state's evidence at trial. Some get the evidence thrown out entirely. And some end with the judge dismissing the case. No attorney can promise you a specific outcome, because the value of each defense depends on the facts in your file.

Inaccurate breath test readings

Arizona's official breath testing device is the Intoxilyzer 8000. It reads the alcohol in your breath with an infrared light source, and a long list of things can skew that reading: radio frequency interference from cell phones, mistakes in how the officer operates the machine, hyperventilation, a high body temperature, or abnormal lung physiology. On top of the specific errors, the machine itself carries a plus-or-minus 10 percent margin of error. An expert witness can put all of this in front of a jury to show the state cannot prove the number beyond a reasonable doubt.

Improper field sobriety tests

The walk-and-turn, the one-leg stand, and the eye test called horizontal gaze nystagmus are standardized tests, and the standards are strict. The 1981 study that developed them found the one-leg stand and walk-and-turn can wrongly flag sober people who are over 65, more than 50 pounds overweight, wearing heels, or dealing with back, leg, or middle-ear problems. The eye test requires the officer to hold the stimulus 12 to 15 inches from your nose and move it at a set speed. When the evidence does not show the officer was trained properly or ran the tests correctly, the results can be doubted, and doubt at trial can mean an acquittal.

An illegal traffic stop

An officer needs reasonable suspicion of a crime or a traffic violation to pull you over. A hunch is not enough. If the stop was invalid, the exclusionary rule requires the judge to throw out everything the police gathered after it, which in a DUI case usually means all of the meaningful evidence, including the chemical test. With nothing left to present, the state almost always has to dismiss.

No evidence of driving or actual physical control

The state has to prove you were driving or in actual physical control of the car. Sometimes it cannot. A common example is the driver who recognizes they should not be on the road, pulls over, and sleeps it off, and the police arrest them anyway. Whether you were in actual physical control comes down to the surrounding circumstances, like whether you were in the driver's seat, whether the keys were in the ignition, and whether the car was running or in drive. Those circumstances can be chipped away at, one by one.

Violation of the right to counsel

The Arizona Supreme Court decided in State v. Holland that the right to counsel includes the right to a private conversation with your attorney, and that the remedy for violating it is dismissal. In Holland, the officer refused to leave the room while the defendant spoke with his lawyer, and the court set the conviction aside. I have won a dismissal on body cam footage showing exactly this kind of violation, and it is one of the first things I look for in your file.

Scottsdale City Court

Scottsdale City Court: What to Expect

The court hearings

The first hearing that you will have on your case in Scottsdale is called an “arraignment.” If you got a ticket from Scottsdale PD, the date for the arraignment will appear near the bottom of the “traffic ticket and complaint” near the right-hand side of the ticket. This first hearing is held so that you can enter a plea of “guilty” or “not guilty.” When I’m hired on a case, I’ll file a motion called a “notice of appearance” that will let the court know that I’m your attorney and enter a not guilty plea on your behalf. This will vacate the arraignment date (i.e., it will go away) and the court will set another court hearing called the “pretrial conference.”

In Scottsdale City Court, there are 3 different hearings. The first is the pretrial conference, the second is called the case management conference, and the third is called the trial readiness conference. Sometimes the trial readiness conference can be continued once, or rarely they will continue it twice, so that there can be 4 or 5 hearings. But usually by the second trial readiness conference the judge wants to know whether the case will resolve by a plea agreement or if the case will go to trial.

Each hearing is usually set apart about 30 days. So in my experience the standard DUI case in Scottsdale Court typically can take 3 to 5 months to resolve on average. During this time, I’m able to attend hearings on my client’s behalf while I negotiate with the prosecutor and get all the necessary discovery in your case. If there are pretrial motions that need to be litigated, such as an issue with a bad traffic stop or a right to counsel violation, they are done during this period of time.

The vast majority of DUI cases will typically resolve prior to trial.

The judges

There are four courtrooms in Scottsdale City Court, each is assigned a separate judge. The judge for courtroom 1 is Judge Statia Hendrix. Judge Hendrix handles all of Scottsdale’s domestic violence cases. She does get some DUI cases, but I get far fewer DUI cases in courtroom 1 than other courtrooms.

The judge for courtroom 2 is Judge Marianne Bayardi. Judge Bayardi handles a normal criminal calendar, but she also receives fewer DUI cases than courtrooms 3 or 4. However, if you are an out-of-state client, you may appear virtually in her courtroom because Judge Bayardi handles all of the telephonic change of plea hearings that are handled in Scottsdale Court.

Courtroom 3’s judge is Judge Orest Jejna (pronounced “YEH-nah”). Judge Jejna handles a large bulk of the DUI caseload in Scottsdale. He is an experienced judge, and I’ve found him to be very reasonable and fair to both sides in how he handles cases.

The judge for Courtroom 4 is Judge Patricia George. Judge George is the newest member of the bench in Scottsdale after the seat in Courtroom 4 was vacated by Judge Jim Blake in 2025. She worked as a city judge in Phoenix Municipal Court prior to being a judge in Scottsdale, so she has significant experience on the bench. A significant number of DUI cases also go to Courtroom 4, I find not quite as many as go to Courtroom 3, but still a decent number. My experiences with Judge George have been good, and I’ve also found her to be a fair and pleasant judge in my dealings with her.

In my opinion, the current Scottsdale judges are all fair and experienced. They’re knowledgeable and I personally find that they run efficient and well-managed courtrooms. In my dealings with courts across Arizona, I’ve never had any complaints with how Scottsdale courts are run, and if you’re a defendant in the Scottsdale Court you’re going to get a fair shake.

The prosecution

In Scottsdale each court has two prosecutors assigned to it. Many of these prosecutors have been working in the same courtroom with the same judges for years. Scottsdale prosecutors are all experienced attorneys with usually more than at least a decade of criminal law experience. Some are former defense attorneys, but most are prosecutors who worked at other prosecutorial agencies before moving to Scottsdale. Some of the prosecutors I used to know well and worked with while I was at the Maricopa County Attorney’s Office. Other prosecutors come to my office parties. Suffice to say that I have a good relationship with the Scottsdale Prosecutor’s Office. We don’t always agree on how to handle a case, and we have no problem getting tough with each other in a professional capacity when we need to. But there is a level of mutual respect between myself and the city prosecutors that helps me advocate for my clients.

Where I practice

DUI Defense Across the Phoenix Metro

Based in Scottsdale, I defend DUI cases in municipal, justice, and city courts throughout Maricopa County, for locals and for out-of-state visitors who need Arizona counsel they can trust from a distance. DUI lawyers are not interchangeable across the Valley's courts; I work in these ones every week.

ScottsdalePhoenixTempeMesaChandlerGilbertGlendalePeoriaGoodyearSurpriseMaricopa County

Free consultation. You talk to me, not an “intake specialist”.

Call (480) 702-1789

Free consultation

Tell Me What Happened

Get the peace of mind that comes from talking with someone with real knowledge and real experience. Call (480) 702-1789 and talk to me now, or send the basics and I will call you back.

The deadline to protect your license is already running. One free call with me, Stewart Salwin, a former prosecutor, gives you the realistic range for your case and what to do next. No pressure, no bait-and-switch.

Free consultation

Arrested for DUI in Scottsdale? Let's talk.

Call and talk to me now, or send the basics through the contact form and I will call you back. Either way, one call gives you an honest read on where you stand, and it costs you nothing.

Arrested for DUI in Arizona?

Get an Honest Read Before You Hire Anyone

Your license is only days away from being suspended. One free call with me, Stewart Salwin, and we will develop a strategy for how to deal with your DUI charge to keep you on the road and out of jail as much as possible. No high-pressure sales tactics of other firms. Just an honest conversation.

Call (480) 702-1789

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