What is the main method for determining if a person is under the influence? Blood alcohol content is the method for determining whether you are considered under the influence. This can be confusing because often the legal limit is surpassed without the individual “feeling drunk.” There are a variety of DUI classifications based on BAC, including previous convictions, and whether an accident occurred related to the offense. Each classification comes with its own set of penalties and requires a unique strategy for defense.
Phoenix DUI Lawyer Scott Stewart
With a criminal defense career spanning over two decades, Scott David Stewart, the founder of Arizona Law Group, embarked on his legal journey in his home state of Arizona. Returning to Phoenix, he entered the legal profession after gaining admission to the State Bar of Arizona in 2001. His initial foray into criminal litigation occurred as a Deputy County Attorney at the Maricopa County Attorney’s Office, where he served as a Major Felony Crimes prosecutor. In this role, Scott handled a diverse array of cases, ranging from armed robbery, aggravated assault, and dangerous crimes to stabbing incidents, drug sale and possession, auto-theft, burglary, forgery, fraud, and domestic violence matters.
As a testament to his commitment to legal excellence, Scott has maintained active memberships in various prestigious associations, including the Maricopa County Bar Association, National College for DUI Defense, Arizona Attorneys for Criminal Justice, National Association of Criminal Defense Lawyers, and the Association of Trial Lawyers of America – Criminal Law Section. Beyond his legal practice, he has contributed to the legal community by authoring several handbooks, including “The Arizona DUI Handbook” co-authored with Bell, aimed at providing valuable insights into the legal complexities individuals may encounter in court.
Case ResultsArizona Law Group has achieved successful case outcomes for its clients in various types of assault charges, and here are a few examples. Charge DUI Result: Not Guilty Charge Extreme DUI Result: Not Guilty Charge DUI -Drugs Result: Reduced to Reckless Driving |
Here’s What Our Clients Are SayingKS
“Scott and his firm are the epitome of professionalism, yet they treat you like family” Anonymous
“Professional, knowledgeable, accessible and the outcome of my case was successful.” Eduardo F.
“I would highly recommend Arizona Law Group, to anyone who needs legal advice or defense representation in court!!” |
Phoenix DUI Lawyer Client Case Study: DUI Drugs and Alcohol Reduced to Reckless Driving in Scottsdale, AZ
Background
Our client, a 26-year-old professional with no prior record, was stopped late at night on Loop 101 near Chaparral Road in Scottsdale. According to police, he was driving 89 mph in a 65 zone and briefly weaving between lanes. What began as a routine traffic stop quickly escalated into a DUI investigation involving both alcohol and Marijuana (THC).
The client admitted to having “a few drinks earlier in the evening” and to taking a single hit from a marijuana bong hours before driving. He was polite, cooperative, and fully compliant throughout the encounter.
The Arrest and Charges
After conducting field sobriety tests, officers arrested him and obtained a blood sample. Laboratory analysis showed:
- Blood Alcohol Concentration (BAC): 0.061 (below Arizona’s 0.08 limit)
- THC: 4.5 ng/ml and THC metabolite detected
Despite the low BAC and modest THC level, the Salt River Police Department referred the case to the Maricopa County Attorney’s Office for prosecution on the following charges:
- DUI – Alcohol/Drugs/Vapor (A.R.S. § 28-1381(A)(1))
- DUI – Drugs or Metabolite (A.R.S. § 28-1381(A)(3))
- Criminal Speed (A.R.S. § 28-701.02(A)(3))
- Unsafe Lane Change and Following Too Closely
If convicted of DUI, our client faced mandatory jail time, license suspension, ignition-interlock installation, and the long-term stigma of a criminal conviction.
Our Review and Case Strategy
When the Arizona Law Group team reviewed the police reports, lab results, and field sobriety findings, several weaknesses became clear:
- No signs of impairment: The officer reported no horizontal-gaze nystagmus (eye movement) clues and only minimal balance issues, both easily explained by the client’s prior concussion and chronic knee injury.
- Low BAC: 0.061 is far below the legal presumption of impairment.
- THC levels alone prove nothing: Even the National Highway Traffic Safety Administration acknowledges that there is no reliable correlation between THC presence and driving impairment.
- Medical explanations: Eyelid tremors and watery eyes can result from fatigue or allergies, not intoxication.
- Cooperation: The client was courteous, honest, and fully compliant, behavior inconsistent with impairment.
Negotiation and Resolution
Using these facts, we submitted a formal Request for Deviation to the assigned prosecutor. The letter outlined the lack of evidence of actual impairment, emphasized our client’s clean record and cooperation, and proposed a resolution that balanced accountability with fairness.
After negotiations, the prosecution agreed to dismiss both DUI counts in exchange for a plea to Reckless Driving (A.R.S. § 28-693).
This result eliminated all DUI-specific penalties, no mandatory jail, no ignition interlock, and no lifetime DUI record. While still holding our client accountable for speeding and unsafe driving.
Outcome
- DUI charges dismissed
- Reduced to Reckless Driving
- No jail, minimal fines, and no ignition interlock
- Client kept his job and professional license
Client Impact
This resolution spared our client the lifelong label of “DUI offender.” He learned from the experience, completed traffic safety classes voluntarily, and continues to maintain a clean record.
At Arizona Law Group, we believe a single mistake should not define a person’s future. Each case deserves personal attention, legal skill, and human understanding—and this case shows what that approach can achieve.
What This Means for You
Even when lab tests show the presence of alcohol or marijuana, prosecutors must still prove actual impairment. Many Arizona DUI cases hinge on subjective officer opinions rather than solid science.
If you’ve been charged with DUI drugs or DUI alcohol in the Scottsdale area, the right defense strategy can make all the difference.
DUI Charge FAQs
Q: Can I be charged with DUI for marijuana if I’m not high?
A: Yes. Arizona law allows charges based on THC metabolites, even if you’re not impaired. However, our firm has successfully challenged many such cases.
Q: Is a 0.06 BAC still a DUI?
A: It can be but only if the State proves you were “impaired to the slightest degree.” Strong legal defense often defeats these borderline cases.
Q: What is a Deviation Request?
A: It’s a formal request to the prosecutor for a reduced or alternative resolution based on weaknesses in the case and mitigating factors.
Don’t Delay – Call the Arizona Law Group for help today!
If you or someone you know has been arrested for DUI drugs or alcohol in Scottsdale, call Arizona Law Group today at 602-562-5000 or request a confidential case review online. We’ll evaluate your case, explain your options, and fight for the best possible result.
Why Choose the Arizona Law Group?
- With decades of successful experience, our Phoenix assault attorneys are dedicated to assisting clients in achieving their legal objectives.
- At Arizona Law Group, our commitment extends beyond handling cases; we prioritize you as an individual, not just another legal matter.
- We strongly believe in everyone’s right to receive expert legal counsel.
- Our focus lies in offering personalized criminal defense solutions designed to guide individuals and families through their challenges, aiming for outcomes that are not just positive but also meaningful and potentially life-changing.
Hire a Phoenix DUI Attorney that Can Help
Driving under the influence is a serious charge that can have long-lasting negative consequences and repercussions. Contact our expert DUI Attorneys in Phoenix at Arizona Law Group as soon as possible when faced with a Driving Under the Influence (DUI) charge. Our DUI / DWI defense lawyers will begin preparing your defense strategy immediately and appear at both the criminal court hearing and the Arizona Motor Vehicle Division hearing to defend your rights. The penalties associated with driving under the influence in Arizona are tough, which is why legal representation is important.
What sort of DUI cases do we handle? We have fought all types of charges related to driving impairment, from first-time offenses to extreme or aggravated, as well as many other serious DUI-related charges. Because attorney Scott David Stewart is trained and has practiced as a prosecutor for many years, our firm has a distinct advantage in defending your case. By understanding how the other side thinks, our legal team is able to use that insight to minimize or even eliminate the charges against you. Contact a Arizona Law Group criminal defense attorney near you today for your confidential consultation. 602-548-3400.
What Is Arizona’s Implied Consent Law?
Arizona law dictates that once an officer has placed you under arrest for a DUI, you are required to take a blood, breath, or urine test. This means if an officer demonstrates reasonable grounds, or has cause to believe you have been driving under the influence, you have given implied consent to a blood alcohol content test. If you refuse the test, your license will be surrendered to the officer and suspended for at least twelve months. In addition, refusing to take a BAC test will not prevent you from being charged. In these situations, the prosecution frequently cites refusals as evidence of intoxication.
Types Of DUI Charges In Arizona
Arizona has one of the toughest sets of laws when it comes to operating a vehicle under the influence of alcohol or drugs in the country, and there are a number of different types of DUI charges that could be leveled against you.
- Impaired to the Slightest Degree Misdemeanor DUI – In Arizona, you can still receive a DUI if you drive with a BAC below the .08% if a law enforcement officer is given reason to believe you are too tipsy or buzzed to responsibly operate a motor vehicle. This charge is unique to Arizona law, in that the officer can charge you with this type of DUI without having you take a BAC test.
- Misdemeanor DUI 1st Offense – The first time a person is found driving a vehicle with a BAC of between .08% and .15%. If convicted they face up to six months jail time, fines, a suspended license, probation, and an ignition interlock device installed on their vehicle.
- Misdemeanor DUI 2nd Offense – The second time a person receives a DUI misdemeanor, the penalties increase to include a minimum of thirty days in jail, fines, your license revoked for one year, and an ignition interlock device on your vehicle.
- Extreme DUI 1st Offense – When a person has over .15% blood alcohol content while operating a vehicle. Punishable by a jail sentence of 30 days to six months, fines, a suspended license, probation, and an ignition interlock device installed on your vehicle.
- Extreme DUI 2nd Offense – A second offense of driving with a BAC over 0.15%. This charge includes a sentence of 120 days to six months in jail, fines, drug/alcohol screening, one-year loss of your license, probation, and an ignition interlock device in your vehicle.
- Super Extreme DUI 1st Offense – This is for individuals whose blood alcohol test results are .20% or above. First-time offenders receive a minimum of 45 days in jail, fines, a license suspension, counseling, and probation, as well as an ignition interlock device installed on their vehicle.
- Super Extreme DUI 2nd Offense – A second super extreme DUI charge carries at least 180 days in jail, fines, loss of license, required drug/alcohol counseling, thirty hours of community service, probation, and installation of an ignition interlock device on your vehicle.
- DUI Drugs – Arizona has a zero-tolerance policy when it comes to operating a vehicle while under the influence of drugs. Any drugs known to impair driving ability are considered illegal and include items such as; marijuana, cocaine, morphine, and prescription or over-the-counter drugs like antihistamines, or Valium.
- Aggravated Felony DUI – A very serious DUI charge classified similarly to manslaughter or arson and applies to three types of circumstances:
- Driving under the influence of alcohol or drugs while your driver’s license is suspended.
- Driving under the influence after two previous DUI convictions within the last seven years.
- Driving under the influence of drugs or alcohol while a person under the age of 15 is in the vehicle
All of these felony charges come with substantial jail time and hefty fines as well as alcohol counseling requirements and the installation of an ignition interlock device on the convicted person’s vehicle.
Thousands of traffic stops result in arrests for driving under the influence every year in Arizona. In 2019, the Governor’s Office of Highway Safety reported 27,880 DUI-related arrests. Down significantly from the 2013 statistic of 32,119, but still a problem nonetheless. Driving under the influence in Arizona is defined as driving a vehicle with a blood alcohol content (BAC) of .08% or more, although the average BAC found in Arizona DUI arrests is actually nearly double the legal limit and over 0.15% BAC.
Areas We Serve
Arcadia | Biltmore | Camelback East | Central City | Coronado | Deer Valley | Desert Ridge | Downtown Phoenix | Encanto | Estrella | Garfield | Maryvale | Moon Valley | North Mountain | North Gateway | North Scottsdale | Paradise Valley | South Mountain | Sunnyslope | Uptown Phoenix | Ahwatukee | Alhambra | Desert View | Laveen | Papago Park | South Mountain Village | Verrado
Contact Us For A Free Legal Consultation Today
When charged with a DUI in Arizona – including the areas around Phoenix such as Chandler, Scottsdale, or Peoria, you face penalties from both the criminal court and the Arizona Motor Vehicle Division. The consequences of driving under the influence in Arizona are some of the harshest in the country, especially if you try to flee the scene, which is why it is important for you to have a skilled Phoenix-based attorney on your side. They can help both minimize the penalties and clear your name. Scott David Stewart and his team of skilled criminal defense attorney will work to defend your case, ensuring you receive the lowest penalties possible. Contact us today to set up a FREE case evaluation to discuss your legal options and learn how Scott Stewart can help protect your rights and defend your future.