Arizona Board Certified & Award Winning DUI Lawyers

Don’t Let a DUI Ruin Your Life – Call Lerner and Rowe!

DUI and DWI, or driving under the influence or driving while intoxicated, are both serious criminal offenses.  Clearly, the best way to avoid being charged with either is to not drive while intoxicated or while under the influence of a controlled substance. However, if you find yourself charged with a DUI, hiring a DUI lawyer can improve your chances of getting your case dismissed or the charges reduced.

There are several types of DUI charges in Arizona, each taking into account your BAC and other factors, like whether you were driving on a suspended license at the time you were arrested. The more serious the DUI charge, the more time you could spend in jail. The several categories of DUI include:

Each of these DUI crimes are explained below.


Driving While Impaired to the Slightest Degree

This charge is codified in A.R.S. 28-1381(A)(1), which states that it is unlawful for a person to be in physical control of a motor vehicle if they are under the influence of an intoxicating liquor, a drug, a vapor-releasing toxic substance, or a combination of these which may cause them to become intoxicated to the slightest degree.

If you’ve been arrested for a DUI, it’s important you contact a Phoenix DUI lawyer to discuss your options. A DUI conviction comes with mandatory jail time, fees, and can result in a suspension of your driver’s license.

Our Phoenix DUI lawyers know how to argue and present a defense that you were not impaired to the “slightest degree.”  To make such a defense, a DUI lawyer will need to challenge the observations of the arresting officer and the integrity and reliability of any administered Field sobriety tests.  In short, the DUI lawyer can challenge the prosecutor’s claim that the defendant’s driving behavior, his demeanor with law enforcement, and performance on any field sobriety tests prove beyond a reasonable doubt he was impaired to the slightest degree.

Driving With a Blood Alcohol Concentration of 0.08% or More

This charge is codified in A.R.S. 28-1381(A)(2), which states that it is unlawful for a person to drive or be in actual physical control of a vehicle if their blood alcohol concentration is 0.08% or more.

For anyone charged with DUI 0.08% or greater, Extreme DUI, or Super Extreme DUI, a primary defense is to challenge the blood or breath testing machine.  Often the argument is that these tests are scientifically flawed and that the test results should not be relied on by the jury. A DUI attorney can challenge the procedures and machines used to test blood, breath, or urine to show the science doesn’t much the facts.

Extreme DUI

This charge is codified in A.R.S. 28-1382(A), which states that it is unlawful for a person to drive or be in actual physical control of a vehicle if their blood alcohol concentration is 0.15% or more.

Aggravated / Felony DUI

This charge is codified in A.R.S. 28-1383, which states that a person can be charged with Aggravated DUI in any of these three cases:

Multiple DUIs (more than 3 DUIs in 7 years) may be classified as an Aggravated DUI

If the DUI was committed with a suspended/revoked driver’s license

If the DUI was committed with a minor less than 15 years old in the vehicle

Drug DUI

This charge is defined in two places, 28-1381(A)(1) and A.R.S. 28-1381(A)(3), where the first one states that it is unlawful for a person to drive or be in actual control of a vehicle if they are under the influence of any drug, vapor-releasing substance that is toxic, or a combination of these.

A.R.S. 28-1381(A)(3) states that it is unlawful for a person to be in control of a motor vehicle if they have a drug or it’s metabolite in their system.  These drugs are generally the ones that are illegal to possess.

Commercial DUI

Arizona drivers who hold a commercial driver’s license (CDL) are subject to a more stringent standard.  A driver of a commercial vehicle need only have a BAC of 0.04% to be charged with DUI. This charge is defined in A.R.S. 28-1381(A)(4), which states that it is unlawful for a person to drive or be in actual physical control of a commercial motor vehicle if they have an alcohol concentration of 0.04% or more.

If you hold a CDL and are convicted of a DUI in Arizona, your license will be suspended for one year.  This is because commercial drivers are held to higher safety standards than other drivers.

Hiring an Arizona DUI attorney can help you prepare a defense to the DUI charges and help guard against any driver’s license issues with MVD.

Boating DUI

According to A.R.S. 5-395 it is unlawful for any person to operate or be in actual physical control of a motorized watercraft under any of the following circumstances:

  1. While under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree.
  2. If the person has an alcohol concentration of 0.08 or more within two hours of operating or being in actual physical control of the motorized watercraft and the alcohol concentration results from alcohol consumed either before or while operating or being in actual physical control of the motorized watercraft.
  3. While there is any drug as defined in section 13-3401 or its metabolite in the person’s body.
  4. If the motorized watercraft is a commercial motorized watercraft and the person has an alcohol concentration of 0.04 or more.

Contact a DUI Lawyer Today

If you have been charged with either a DUI or DWI, one of the first actions you should take is to contact qualified and skilled DUI lawyers in Phoenix to help ensure your rights are protected.  The DUI lawyers at Lerner and Rowe Law Group may be contacted 24/7, day or night by calling 602-667-7777.

At Lerner and Rowe Law Group, our team includes a board certified and award winning criminal defense attorney and other experienced lawyers that represent clients in cities throughout Arizona, including: Bullhead City, Tucson, Scottsdale, Mesa, Phoenix, Tolleson, Glendale and Arrowhead.

We believe that even if you may have committed a crime, you should still be treated with empathy, respect and quality legal representation within the fullest extent of the law.


When you contact our law firm, you will be connected with a team of DUI Lawyers and support staff experienced at providing legal assistance to clients in and out of the court room who have been accused of or found guilty of driving under the influence of drugs or alcohol.

DUI test for alcoholArizona has very strict laws in place for DUI and DWI cases that may result in:

  • jail time
  • loss of driving privileges
  • increased insurance expenses
  • community service time

You may even face the possibility of having an Ignition Interlock Device (IID) installed.

Our team of board certified DUI lawyers in Phoenix are prepared to assist you throughout the legal process.  We will go over the events leading up to your charges, create a game plan to provide you with a fighting chance and help you obtain the best possible outcome.

Call 602-667-7777, click here chat, or submit an online case review form to schedule a free initial case consultation with our DUI defense team today. We offer reasonable and affordable payment plans on a per client, per case basis.