Scottsdale DUI Lawyer

Top Rated DUI Attorney in Scottsdale, AZ

Facing a driving under the influence (DUI) charge in Scottsdale can be a frightening and overwhelming experience. Whether you were stopped after a night out in Old Town or have been pulled over along Indian School Road, you must understand the intricacies of Arizona law. These charges can have severe impacts on your personal and professional life and result in a wide range of legal penalties. At this difficult time, a Scottsdale DUI lawyer can help.

At Davidson Criminal Defense & DUI Law Firm, we do not believe in a one-size-fits-all approach. Some DUI cases can involve a standard first-time DUI, while others are more serious. More serious charges include felony DUIs, marijuana DUIs, or aggravated DUIs. Our Scottsdale defense team builds case strategies around each case individually based on the specific facts of the arrest, the client’s personal history, and the unique needs of the case.

DUI Facts

Scottsdale is known for its vibrant nightlife, world-class resorts, and busy roads, like Scottsdale Road, Camelback Road, and the 101 Freeway. All of these routes see routine DUI enforcement by the Scottsdale Police Department and the Arizona Department of Public Safety.

Arizona places fourth in the nation when it comes to the number of deaths attributed to drinking and driving incidents. This amounted to 5.6 DUI deaths and 284.74 arrests per 100,000 residents. Drunk driving or drugged driving incidents are serious, but you still deserve legal representation, no matter what. The penalties that can be imposed in a DUI case in Scottsdale are severe and can have a massive and long-lasting impact on your future.

Types Of DUI Cases We Handle In Scottsdale

Our DUI defense lawyers handle all types of driving under the influence cases and charges throughout Scottsdale, including cases regarding the legal matters listed below:

• Aggravated DUI
  
• Extreme DUI
  
• Felony DUI
  
• Field sobriety test
  
• Marijuana DUI
  
• Underage DUI

Davidson Criminal Defense & DUI Law Firm: Defending Your Rights in a DUI Case

Since 2005, the team at Davidson Criminal Defense & DUI Law Firm has been working to defend the rights of Scottsdale residents in a wide range of criminal cases, including DUIs. As a former prosecutor, lead attorney Joshua S. Davidson knows the inner workings of both the Scottsdale City Court on North 75th Street and the Maricopa County Superior Court in the Central Court Building in Phoenix.

Whatever circumstances are involved in your DUI case, our team is here to advocate for your rights.

Why Scottsdale Residents Trust Davidson Criminal Defense & DUI Law Firm

When your license, your job, and your freedom are on the line, who you hire matters more than almost anything else. Reasons why clients across Scottsdale and the greater Phoenix Metro area choose our firm when facing serious DUI allegations are listed below:

• Insider knowledge of Scottsdale courts. Lead attorney Joshua S. Davidson served as a prosecutor before transitioning to criminal defense. That experience means he understands exactly how Scottsdale City Court prosecutors build DUI cases and where those cases are most vulnerable.
  
• Over 20 years defending DUI cases. Since 2005, our firm has handled thousands of DUI cases ranging from standard first-offense charges to complex felony DUI allegations involving serious injury or death. We have seen virtually every scenario and know how to respond accordingly.
  
• Aggressive defense at every stage. From the moment of your arrest through arraignment, pre-trial motions, and trial, if necessary, we advocate for your rights at every single step. We do not pressure clients into accepting bad plea deals.
  
• Local results that speak for themselves. Our case results include reduced charges, outright case dismissals, and not-guilty verdicts in cases where clients were told they had no defense. We let our success record speak for itself.
  
• 24/7 availability. A DUI arrest can happen any time of day or night. Our office is available around the clock so you can reach us when you need us most, not just during business hours.

Scottsdale DUI Charges We Handle

There are few experiences more overwhelming than being pulled over for suspected driving under the influence. At Davidson Criminal Defense & DUI Law Firm, we have handled thousands of these cases since our inception and are now ready to turn our time and attention to you. Our team understands Arizona DUI laws and is prepared to take on the most difficult cases, as we are experienced in handling all forms of DUI charges, such as those charges listed below:

• First-time DUI. If you are found to be allegedly in actual physical control or operation of a vehicle with a blood alcohol concentration, or BAC, of 0.08% or higher for the first time, or for the first time in seven years, you can be charged with a first-time DUI.
  
• Extreme DUI. If you are pulled over and a breath, urine, or blood test is administered with results indicating your BAC was between 0.15% and 0.20% while you were in control or operation of your vehicle, then you could be charged with an extreme DUI. The penalties for an extreme DUI charge, even if it is a first-time offense, can be severe.
  
• Super extreme DUI. When a chemical test returns with a result of a BAC that is at or higher than 0.20%, this is considered a super extreme DUI in Arizona, and the penalties involved can impact the entire course of your future, even if it is a first-time offense. You may likely face jail time, along with large fines and the installation of an Ignition Interlock Device (IID) in your vehicle.
  
• Underage DUI. If you are below the legal drinking age of 21 and are pulled over on suspicion of a DUI, if you have any amount of alcohol in your system, you may likely face charges. This is a major concern for college students in the area, who often use alcohol or recreational drugs as a way to unwind after a week of busy courses and work. However, these charges can see you suspended or even expelled.
  
• Drug DUI. While recreational marijuana use was legalized in November 2020 in Arizona, you can still be arrested for driving under the influence if you are impaired due to having THC in your system. You may also be arrested if any other controlled substances are found in your system while operating a vehicle, such as cocaine, heroin, morphine, methamphetamine, and hallucinogens like LSD.
  
• Aggravated DUI. In Arizona, there are several factors that, if present in your case, can increase even a first-time DUI charge to one of an aggravated nature. Aggravated DUIs tend to have stricter consequences, as well. Aggravating factors in a DUI case include if you were driving on a suspended or revoked license, if you had a court-ordered ignition interlock device installed in your vehicle, or if a minor under 15 was present.
  
• CDL DUI. If you hold a commercial driver’s license and were driving your truck or other commercial vehicle at the time of the arrest with a BAC at or above 0.04%, you can be charged with a DUI, and you may even have your CDL revoked. This can make it extremely difficult for you to maintain or seek new employment.
  
• Prescription drug DUI. It is illegal to be in physical control of or operating a vehicle while impaired by any kind of drug in Arizona, even if that drug has been lawfully prescribed by your doctor or other medical professional. Often, the medications typically involved in these cases include painkillers, anti-nausea drugs, antihistamines, or anti-diarrheal medications.
  

Whatever form your DUI charge takes in Scottsdale, it is crucial that you speak with an attorney as soon as possible. You have rights in a DUI case, no matter your alleged level of guilt, and at Davidson Criminal Defense & DUI Law Firm, we are ready to advocate for these rights and protect them.

What Is Actual Physical Control?

One common misconception about DUI arrests in Arizona is that individuals think they cannot possibly be arrested unless police catch them driving the vehicle. Under Arizona law, however, a person can still be charged with DUI, even if they are not caught driving. If officers believe the person was in actual physical control of a vehicle while under the influence of drugs or alcohol, they could make an arrest.

Officers use the term actual physical control in an attempt to determine if someone has the current ability to operate a vehicle. Perhaps you were sleeping in your parked car before the police arrived. If so, law enforcement may charge you with DUI if you are intoxicated, as you are still considered to be in actual physical control of your vehicle.

There is no one fact that proves actual physical control. Instead, judges look at the totality of the circumstances surrounding each individual encounter. As you can imagine, two scenarios that seem similar may have different legal outcomes based on the facts available to law enforcement. 

If you were found asleep in your parked vehicle by Scottsdale police officers, they may investigate other factors to decide if you had the immediate ability to put your car into drive. Due to this totality of the circumstances legal standard, actual physical control cases typically rely on witness interviews, police body camera footage, dispatch records, and what the officer observed.

Factors Scottsdale Police May Consider 

As mentioned, police officers consider many facts before making the decision to arrest someone sleeping in their vehicle for DUI. Some questions that may factor into the officers’ decision are listed below:

• Were the keys in the ignition or readily accessible to the individual?
  
• Where was the individual sitting in the car?
  
• Was the engine on or recently turned off?
  
• Were the headlights on or other components of the vehicle operating?
  
• Was the car parked legally or stopped in a travel lane?
  
• Was the hood or engine warm?
  
• Was the vehicle in a parking lot, on the side of the road, or in a travel lane?
  
• Did you appear able to drive away at any moment?

No one fact can definitively decide whether a person is in actual physical control of a vehicle. You may not automatically be convicted for DUI just because you fell asleep in the driver’s seat with the engine off. 

Likewise, moving to the back seat does not automatically prevent prosecutors from filing criminal charges, either. Rather, the officer and prosecutor may review all the evidence and decide if, collectively, they believe the elements of actual physical control have been met.

Why Actual Physical Control of a Vehicle Can Be Challenged

Due to the fact-intensive nature of actual physical control, it is often one of the most controversial issues in Arizona DUI cases. Defense attorneys might challenge whether the evidence shows that you actually had the ability to endanger others by driving while impaired. Attorneys can analyze body camera footage, police reports, witness interviews, dispatch records, and scene photos to determine if prosecutors can prove actual physical control.

Defense lawyers may also look for other explanations as to why an individual was in the vehicle. For instance, maybe the person fell asleep in the parked car because they made the responsible decision not to drive while intoxicated. The location of the vehicle, how it was parked, and what the person was doing before the officer arrived could all be important to prove you were not in actual physical control.

Meet Our Attorneys

Attorney Joshua S. Davidson

Attorney

Penalties Involved in Arizona DUI Cases

Whether you were arrested near Talking Stick or pulled over on the way home from a sporting event, the consequences of a DUI conviction in Arizona are among the harshest in the country. A single conviction can derail your career, damage your reputation, and follow you for years on a background check.

Instead of letting these penalties ruin your life, hiring a DUI lawyer can help you get your life back on track. At Davidson Criminal Defense & DUI Law Firm, we are here to defend you against the Scottsdale DUI penalties listed below:

• First DUI offense. If this is your first DUI offense and there are no aggravating factors involved, you may likely spend no less than 10 days in jail and be fined no less than $1,250. You may likely also be required to undergo certain alcohol education or treatment, and your vehicle may be equipped with an Ignition Interlock Device. You may also be ordered to perform community service.
  
• Second and subsequent offenses. You may face a jail period of no less than 90 days and fines of no less than $3,000 if this is your second or subsequent DUI without any aggravating factors. You may also likely be required to install an IID, perform community service, and attend mandatory alcohol screenings, education programs, or treatment programs.
  
• First extreme DUI offense. If you have been charged with an extreme DUI, even for the first time, you may likely be jailed for no less than 30 consecutive days and fined no less than $2,500, without any chance for probation or a suspended sentence. You may also have an IID installed in your vehicle and be ordered to perform community service, along with certain alcohol screening, education, or treatment.
  
• Second and subsequent extreme DUI offenses. If this is a second or subsequent extreme DUI, you may face a jail period of 120 days, be fined no less than $3,250, and your driver’s license may be revoked for at least 12 months. You may be required to undergo alcohol treatment, education, and potential screening; your vehicle may have an IID installed; and you may be ordered to perform community service.
  
• Aggravated DUI offense. If you are charged with an aggravated DUI offense in Scottsdale, you may likely be sent to prison for no more than two years, your license may be revoked for at least one year, an IID may be installed, and you may be ordered to take part in community service. You may also likely be required to take part in mandatory alcohol education, treatment, or screening.
  

A felony DUI conviction carries potential prison time, a permanent record, and serious collateral consequences including loss of voting rights and professional licensing. If you are facing felony DUI charges, do not wait. Call our office today.

Why Hire a DUI Lawyer From Davidson Criminal Defense & DUI Law Firm?

In a DUI case in Scottsdale, the team at Davidson Criminal Defense & DUI Law Firm is here for you. As soon as you are arrested, you have the right to remain silent and the right to ask for an attorney. When you choose us to act as your legal representation, there are several different strategies we may be able to use in your defense. These strategies are listed below:

• Challenging the legality of the initial stop that led to your arrest.
  
• Questioning the accuracy and handling of any BAC test results.
  
• Questioning the validity or accuracy of any field sobriety test results.
  
• Working to suppress any evidence that may have been unlawfully obtained.

Contact Davidson Criminal Defense & DUI Law Firm for a free consultation to discuss your case and your options.

FAQs

How Much Does a DUI Lawyer Cost in Scottsdale?

Attorney fees for a DUI case in Scottsdale vary depending on the complexity of the charges, whether it is a misdemeanor or felony DUI, and the amount of litigation involved. A DUI conviction can result in heavy fines, mandatory jail time, increased insurance premiums for years, potential job loss, and a permanent criminal record. An experienced DUI lawyer may be able to reduce your charges, minimize penalties, or have your case dismissed entirely. 

Is a DUI a Felony in Arizona?

Most first and second DUI offenses in Arizona are classified as misdemeanors. However, a DUI becomes a class 4 felony under several circumstances. If it is your third DUI offense within seven years, if you were driving on a suspended or revoked license, if you had a court-ordered ignition interlock device installed and drove anyway, or if a child under 15 was in the vehicle, it is a felony DUI. 

May I Lose My Driver’s License After a DUI Arrest in Scottsdale?

A DUI arrest in Arizona triggers two separate processes—a criminal case and a Motor Vehicle Division (MVD) administrative hearing. You have only 15 days from your arrest date to request an MVD hearing to contest the suspension of your driving privileges. Failing to request this hearing within that window results in an automatic suspension. Our firm handles the criminal defense and the MVD hearing simultaneously to protect your right to drive and your future.

Client Testimonials

Josh represented a close friend of mine within the last year and was able to move his sentence from six years to 2 1/2 years by virtue of Josh’s excellent…

C.D.

I would highly recommend Josh to anybody needing a criminal defense attorney. He was always very professional, prompt with email replies or returning phone calls, and handles himself very well…

C. F.

I had the pleasure of working with Joshua and I was very lucky to have someone who actually cared about my case and put in the hard work. He was…

A. W. .

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Connect With Davidson Criminal Defense & DUI Law Firm

Being arrested for a DUI is stressful, and the consequences that can arise only add to that stress. In these difficult times, the most important thing to remember is that being arrested for a DUI does not necessarily mean you are guilty. Having an aggressive and trusted DUI attorney on your side can lead to a successful case outcome, seeing you with reduced charges or even having your entire case dropped.

Whatever the circumstances that led to your Scottsdale DUI arrest, the most important step you can take right now is to speak with a qualified Scottsdale DUI attorney before you say or do anything else. Whether you are facing a first-time misdemeanor charge, a marijuana DUI, an aggravated DUI, or a serious felony DUI with mandatory prison time, the team at Davidson Criminal Defense & DUI Law Firm is ready to advocate for your rights. 

We have been defending Scottsdale residents against DUI charges since 2005. Our legal staff is available 24 hours a day, seven days a week, to take your call. We understand DUI laws and can help you understand how they apply to your case. Do not let one single night define the rest of your life. Contact our office for a free and confidential consultation and hire a DUI lawyer you can trust.

Scottsdale, AZ DUI Resources

Blood Testing in DUI Cases
Repeat DUI Offenders in Arizona
Breath Testing in DUI Cases
DUI Defenses in Arizona
What Are the Penalties for a Second DUI in Arizona?