DUI Lawyers Serving Scottsdale
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.
Choosing a Scottsdale DUI Lawyer
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.
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.
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.
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.
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.
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.
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.
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
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.
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.
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.
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.
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
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.
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.
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.
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.
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.
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.
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.
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.
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.
Your Scottsdale DUI attorney
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.
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
The charges, explained
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.
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.
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.
No Prior DUIs
1 Prior DUI
No Prior DUIs
1 Prior DUI
No Prior DUIs
1 Prior 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.
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
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.
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.
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 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.
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.
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
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.
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.
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
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.
Free consultation. You talk to me, not an “intake specialist”.
Call (480) 702-1789Free consultation
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
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.