Phoenix DUI Lawyer &
DUI Defense
If you are facing Driving Under the Influence (DUI) charges, hiring a skilled and experienced defense attorney can be the difference between a favorable outcome and a devastating one. Josh Kolsrud can help you understand your charges, build a strong defense, negotiate with the prosecution, and protect your rights in court.
During Josh’s 14 years as a state, international, and federal prosecutor, he tried over 100 cases to verdict. Josh and his team will work tirelessly to defend your rights and protect your interests throughout the legal process. We have a deep understanding of DUI laws and can provide the expert guidance you need to build a strong defense and achieve the best possible outcome in your case.
Contact us today to schedule a free consultation and learn more about how we can help you.
Arizona’s Regular DUI Laws and Penalties:
In Arizona, a driver is considered under the influence of drugs or alcohol if their blood alcohol concentration (BAC) is 0.08% or higher. However, for drivers under the age of 21, the legal BAC limit is 0.00%. Additionally, commercial drivers have a legal limit of 0.04%.
First-time DUI offenders in Arizona may face the following penalties:
A minimum of 30 consecutive days in jail, or up to six months in jail
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A fine of at least $2,500, plus surcharges
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A suspended driver’s license for up to 90 days
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Mandatory participation in an alcohol or drug treatment program
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Installation of an ignition interlock device on the offender’s vehicle
In Arizona, a second DUI is charged when a driver is caught operating a vehicle with a blood alcohol concentration (BAC) of 0.8% or higher within 84 months (7 years) of a previous DUI conviction.
For second-time offenders, the penalties increase significantly:
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A minimum of 90 days in jail, or up to two years in jail
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A fine of at least $3,000, plus surcharges
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A suspended driver’s license for up to one year
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Mandatory participation in an alcohol or drug treatment program
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Installation of an ignition interlock device on the offender’s vehicle
First Extreme DUI:
Extreme DUI charges are filed when a driver’s BAC is 0.15% or higher. The penalties for an extreme DUI conviction include:
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A minimum of 30 consecutive days in jail, or up to six months in jail
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A fine of at least $2,500, plus surcharges
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A suspended driver’s license for up to 90 days
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Mandatory participation in an alcohol or drug treatment program
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Installation of an ignition interlock device on the offender’s vehicle
For a second extreme DUI conviction, the mandatory penalties include a minimum of 120 days in jail, fines and assessments totaling approximately $3,500, and a license suspension for a minimum of one year. The driver will also be required to install an ignition interlock device on their vehicle and complete a substance abuse treatment program.
First Super Extreme DUI:
Super Extreme DUI charges are filed when a driver’s BAC is 0.20% or higher. The penalties for a super extreme DUI conviction include:
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A minimum of 45 consecutive days in jail, or up to six months in jail
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A fine of at least $3,250, plus surcharges
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A suspended driver’s license for up to 90 days
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Mandatory participation in an alcohol or drug treatment program
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Installation of an ignition interlock device on the offender’s vehicle
For a second super extreme DUI conviction within 84 months (7 years) of the first offense, the mandatory penalties increase significantly, including a minimum of 180 days in jail, fines and assessments totaling approximately $3,500, and a license revocation for a minimum of one year. The driver will also be required to install an ignition interlock device on their vehicle for at least 18 months and complete a substance abuse treatment program.
DUI Drugs - Under the Influence of Drugs
In Arizona, it is illegal to drive under the influence of drugs, including prescription medications and illicit drugs such as marijuana and cocaine. If a driver is found to have any amount of a drug in their system that impairs their ability to safely operate a vehicle, they can be charged with a drug DUI.
Penalties for a first-time drug DUI conviction in Arizona include a mandatory minimum of 10 days in jail, fines and assessments totaling approximately $1,500, and a license suspension for a minimum of 90 days. In addition, the driver will be required to complete a drug education or treatment program.
For a second offense, the penalties increase significantly, with a mandatory minimum of 90 days in jail, fines and assessments totaling approximately $3,000, and a license suspension for a minimum of one year. The driver will also be required to install an ignition interlock device on their vehicle and complete a drug education or treatment program.
Felony Aggravated DUI
An aggravated DUI is a DUI charge that carries more severe penalties due to specific circumstances surrounding the offense. These circumstances can include driving with a suspended or revoked license, driving with a blood alcohol content (BAC) of .15 or higher, driving with a passenger under the age of 15, and causing an accident that results in injury or death.
Penalties for an aggravated DUI conviction in Arizona include a mandatory minimum of four months in jail, fines and assessments totaling approximately $4,000, and a license suspension for a minimum of one year. The driver will also be required to install an ignition interlock device on their vehicle and complete a substance abuse treatment program.
It is important to note that if a driver is charged with an aggravated DUI while their license is already suspended or revoked, they may face additional penalties, including longer jail sentences and larger fines.
Underage DUI - Minor DUI
It is important to note that Arizona has a zero-tolerance policy for underage drinking and driving. Those under the age of 21 who are found to have any detectable amount of alcohol in their system while driving will face penalties, including a 2-year license suspension and fines of up to $2,500.
DUI with CDL (Commercial Driver's License)
A commercial DUI in Arizona occurs when a person who holds a commercial driver's license (CDL) is found to be driving or in actual physical control of a commercial motor vehicle with a BAC of 0.04% or higher. The penalties for a commercial DUI in Arizona can be severe, as CDL holders are held to a higher standard than non-commercial drivers.
First-time offenders who are convicted of a commercial DUI in Arizona can face up to one year in jail, a fine of up to $2,500, and a suspension of their CDL for up to one year. Repeat offenders may face even harsher penalties, including longer jail sentences and higher fines.
Common DUI Defenses in Arizona
Challenging the Traffic Stop:
If the police officer did not have probable cause to pull you over, the evidence collected during the stop may not be admissible in court.
Challenging the Field Sobriety Test:
Field sobriety tests are not always accurate, and there are many factors that can affect the results.
Challenging the Breathalyzer Test:
Breathalyzers are not always accurate, and there are many factors that can affect the results.
Blood Test Analysis:
An experienced DUI defense attorney can challenge the analysis of the blood test results, which can lead to the evidence being suppressed or dismissed.
Lack of Probable Cause
If the police officer did not have probable cause to arrest you, the evidence collected after the arrest may not be admissible in court.
Challenging the validity of the arrest
Police officers must have probable cause to believe that a defendant was driving under the influence to make an arrest. If the arrest was not a valid arrest, any evidence gathered as a result of the arrest may be suppressed, which can weaken the prosecution’s case.
Arguing that the defendant’s rights were violated
If the defendant’s rights were violated during the arrest or investigation process, it may be possible to argue that the evidence gathered as a result of the violation should be suppressed. This may be the case if the defendant was not read their Miranda rights, if they were subjected to an illegal search, or if they were coerced into making incriminating statements.
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An award-winning criminal defense attorney Since 2006
Why Choose Josh Kolsrud
With over 100 trials to his name, and years of experience as a state and federal prosecutor, Josh understands the law, the legal process, and your rights. Josh is also committed to representing every client with utmost integrity and dedication
Experience
Josh has prosecuted major crimes on the state and federal level, led a successful anti-human sex trafficking operation that saved lives, and argued before countless juries and justices for his clients
Expertise
Josh is an expert in both Arizona and federal criminal law, and is ready to put that expertise to work for you.
Dedication
As a prosecutor, Josh saw far too many defendants lose their livelihood due to poor representation. Josh will always give every client his complete attention and effort
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