Being arrested for DUI in Scottsdale can feel confusing and disorienting. The flashing lights, handcuffs, and booking process create intense confusion and fear about what happens next. If you’re wondering what to do if you are arrested for a DUI in Scottsdale, it’s important to remember that the decisions you make in the hours and days following your arrest will dramatically affect the outcome of your case, your driving privileges, and potentially your career and personal relationships. For immediate guidance, consider consulting a Scottsdale DUI attorney.
What Should You Do Immediately After Being Arrested for DUI in Scottsdale?
The immediate actions you must take are: Contact an experienced DUI attorney within 24 hours of your arrest, request an MVD hearing within 30 days to protect your driving privileges, and gather all documentation related to your case including police reports and witness information. These immediate actions are critical because missing key deadlines can result in automatic license suspension and severely limit your defense options. Acting quickly is vital in DUI cases, and the window for protecting your rights closes rapidly after an arrest.
Understanding Your DUI Charges in Arizona
Arizona maintains some of the strictest DUI laws in the nation, and understanding the specific charges you’re facing forms the foundation of your defense strategy. DUI charges in Scottsdale can range from a standard DUI with a blood alcohol content of 0.08% or higher to more serious charges like Extreme DUI at 0.15% BAC or Super Extreme DUI at 0.20% BAC. Each level carries increasingly severe penalties that can dramatically affect your life.
The prosecution doesn’t necessarily need to prove your exact BAC level to secure a conviction. Arizona law allows for DUI charges based on impairment alone, meaning if the arresting officer observed signs that alcohol or drugs affected your ability to drive safely, you can face charges even with a BAC below 0.08%. This impairment standard gives prosecutors considerable flexibility in building their case against you.
You might also face additional charges depending on the circumstances of your arrest. If you refused chemical testing, you could face separate penalties under Arizona’s implied consent law. If your license was already suspended or if this represents a repeat offense, you may be looking at aggravated DUI charges that carry felony penalties. Understanding which specific charges you’re facing allows you and your attorney to craft the most effective defense strategy for your unique situation.
The Important 30-Day MVD Hearing Deadline
One of the most important deadlines you’ll face is requesting a Motor Vehicle Division hearing within 30 days of your arrest. This administrative hearing operates separately from your criminal case and focuses exclusively on your driving privileges. Missing this deadline means your license will be automatically suspended, and you’ll forever lose the opportunity to challenge that suspension.
The MVD hearing provides a vital opportunity to contest the license suspension and potentially maintain your driving privileges while your criminal case moves through the courts. During this hearing, your attorney can challenge the legality of the traffic stop, question whether proper arrest procedures were followed, and examine the reliability of blood or breath test results. Even if the hearing doesn’t result in keeping your full driving privileges, it may help you obtain a restricted permit allowing you to drive to work, school, medical appointments, or other necessary activities.
This hearing also serves as valuable preparation for your criminal case. Your attorney can examine the evidence, cross-examine the arresting officer, and identify potential weaknesses in the prosecution’s case. The testimony and evidence presented at the MVD hearing can provide insights that prove invaluable when developing your criminal defense strategy.
Potential Penalties for Scottsdale DUI Convictions
The penalties for DUI convictions in Arizona are severe and escalate dramatically with higher BAC levels or subsequent offenses:
- First-Time Standard DUI:
- Minimum 10 days in jail (nine days may be suspended if you complete alcohol screening and treatment programs)
- Fines and fees typically totaling several thousand dollars
- 90-day license suspension
- Mandatory installation of an ignition interlock device
- Extreme DUI Charges:
- Minimum 30 days in jail, with up to 21 days suspended if you install an ignition interlock device for 12 months.
- Super Extreme DUI Offenses:
- Minimum 45 days in jail
- Extended license suspension
- Even more severe penalties
These penalties represent just the beginning of the consequences you’ll face. Additional requirements often include mandatory alcohol education classes, community service hours, and extended probation periods. The collateral consequences can prove equally severe: dramatically increased insurance rates, potential job loss, professional license suspensions, and lasting damage to your reputation.
Should You Hire a DUI Attorney in Scottsdale?
While you have the legal right to represent yourself, hiring an experienced Scottsdale DUI lawyer is almost always in your best interest. DUI law involves complex technical requirements, constantly changing legal precedents, and numerous procedural safeguards that can dramatically affect your case outcome. An experienced attorney understands the local court system, knows the prosecutors and judges, and can identify weaknesses in the prosecution’s case that require specialized legal knowledge to spot.
A skilled DUI lawyer brings specialized knowledge to challenge every aspect of your case. They can question the legality of the initial traffic stop, examine whether field sobriety tests were administered properly, challenge the calibration and accuracy of breathalyzer equipment, and investigate whether the arresting officer had proper training and certification. Your attorney can also negotiate with prosecutors for reduced charges or alternative sentencing options that minimize the impact on your life.
When selecting an attorney, look for someone who specializes in DUI defense rather than a general practitioner. Seek out lawyers with extensive experience in Scottsdale courts who can provide references from past clients and demonstrate a track record of successful outcomes. While hiring qualified legal representation requires a substantial investment, the potential savings in fines, jail time, license suspension periods, and long-term consequences typically far exceed the attorney’s fees.
The Court Process: What to Expect
The criminal court process for DUI cases in Scottsdale typically begins with an arraignment, where you’ll be formally charged and asked to enter a plea of guilty, not guilty, or no contest. This initial appearance is usually followed by pre-trial conferences, where your attorney can negotiate with prosecutors, review evidence, and discuss potential plea agreements or alternative sentencing options.
If your case doesn’t resolve through negotiations, it will proceed to trial, where the prosecution must prove your guilt beyond a reasonable doubt. Throughout this process, your attorney will be working diligently to build your defense strategy. This may include filing motions to suppress evidence obtained through illegal stops or improper procedures, challenging the accuracy of BAC testing equipment, examining the qualifications and training of the arresting officer, and investigating whether all legal requirements were met during your arrest and testing. The timeline for resolving DUI cases can vary considerably depending on the complexity of your case, court schedules, and whether you choose to go to trial. Simple cases might resolve within a few months, while complex cases involving technical challenges or trial proceedings can take a year or more. Understanding this timeline helps you prepare mentally and financially for what lies ahead and ensures you don’t miss any important court dates or deadlines that could harm your case.
Protecting Your Driving Privileges
Losing your driving privileges can have devastating effects on your ability to work, care for your family, and maintain your daily routine. Arizona law provides several options for maintaining limited driving privileges during your case. These include restricted permits that allow driving for specific purposes such as work, school, medical appointments, court-ordered activities, and necessary errands like grocery shopping.
In many cases, maintaining any driving privileges requires installing an ignition interlock device in your vehicle. This device prevents your car from starting if it detects alcohol on your breath and requires periodic retests while driving. While the interlock requirement can be inconvenient and expensive, it often represents the difference between maintaining some mobility and losing all driving privileges during your case.
Successfully navigating the interlock requirement involves understanding its technical requirements and compliance obligations. You’ll need to provide breath samples before starting your vehicle and at random intervals while driving. Any violations, including missed tests or detected alcohol, can result in extended interlock periods or complete loss of driving privileges. Working with an experienced attorney ensures you understand these requirements and can maintain compliance throughout your case.
Steps to Take Before Your Court Date
Preparation proves vital to achieving the best possible outcome in your DUI case. Begin by gathering all documentation related to your arrest, including copies of police reports, any witness contact information, medical records that might be relevant, and photographs of the arrest location. Document any factors that might have contributed to the officer’s observations, such as poor lighting conditions, road construction, medical conditions, or other circumstances that could explain your behavior or appearance.
Consider enrolling voluntarily in alcohol education classes or counseling programs before your court date. This proactive approach demonstrates responsibility to the court and may result in more favorable treatment during sentencing negotiations. Keep detailed records of any expenses related to your case, including attorney fees, education program costs, and ignition interlock expenses, as some costs may be recoverable depending on your case outcome.
Most importantly, follow all court orders and conditions of release strictly. This includes attending all scheduled court appearances, maintaining current contact information with the court, avoiding any alcohol-related violations, and complying with any travel restrictions. Any violations of these conditions can substantially damage your case, result in additional charges, and potentially lead to pre-trial detention that complicates your defense preparation.
Taking swift, informed action after your DUI arrest in Scottsdale can make the difference between a devastating conviction and a manageable resolution. The complexity of Arizona’s DUI laws and the severe consequences of conviction make professional legal representation not just advisable but absolutely necessary for protecting your rights, your driving privileges, and your future.
Do You Need to Speak with a DUI Defense Lawyer?
If you are someone you love is facing a DUI charge, contact the DUI attorneys at Salwin Law Group. Stewart Salwin is a former prosecutor who now dedicates his practice to helping clients facing DUI and other related charges. He has the knowledge and experience to identify the strengths and weaknesses in the case against you. If you are facing DUI charges in Arizona, call Salwin Law Group today at (480) 702-1789 or fill out a short contact form on our website for a free consultation to discuss your case and how we can help.
Stewart Salwin
Stewart Salwin is the founder and lead attorney at Salwin Law Group, a Scottsdale criminal defense law firm based in the greater Phoenix area. His practice is primarily dedicated DUI-defense work. He is a graduate of Georgetown University and Harvard Law School, where he was taught criminal law by world-renowned defense attorneys.
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