DUI Lawyer in Arizona — Defense From a Former Judge, Prosecutor, and Police Officer
A DUI lawyer in Arizona defends clients under some of the strictest impaired driving laws in the United States, where even a first-offense standard DUI carries mandatory jail time. Oliverson Law DUI & Criminal Defense brings a unique combination of judicial, prosecutorial, and law enforcement experience to DUI cases across Maricopa County and Mohave County. Call (480) 582-3637 for a free case evaluation.
Arizona DUI Penalty Tiers Under ARS 28-1381 Through 28-1383
Arizona divides DUI offenses into four tiers based on blood alcohol concentration (BAC) and aggravating factors. The state uses an 84-month (7-year) lookback period to determine whether a DUI is treated as a first or subsequent offense. The lookback counts from the date the prior offense was committed, not the date of conviction.
| DUI Tier | BAC Level | Class | Min. Jail (1st) | Min. Jail (2nd) | IID Period |
|---|---|---|---|---|---|
| Standard DUI | 0.08% – 0.149% | Class 1 Misd. | 10 days (9 suspendable) | 90 days (60 suspendable) | 6–12 months |
| Extreme DUI | 0.15% – 0.199% | Class 1 Misd. | 30 days (21 suspendable) | 120 days (60 suspendable) | Up to 12 months |
| Super Extreme DUI | 0.20%+ | Class 1 Misd. | 45 days (31 suspendable) | 180 days (90 suspendable) | Up to 18 months |
| Aggravated DUI | Any (with aggravator) | Class 4 or 6 Felony | 4 months prison (Class 4) | 2.25 years (Class 4) | 12–24 months |
Under ARS 28-1383, a DUI becomes aggravated (felony) in five situations: driving on a suspended or revoked license, committing a third DUI within 84 months, having a passenger under 15 years old (Class 6 felony), driving while required to have an ignition interlock device, or driving the wrong way on a highway. Class 4 felony convictions carry a presumptive sentence of 2.5 years in the Arizona Department of Corrections.
What Happens After a DUI Arrest in Arizona
Arizona’s implied consent law under ARS 28-1321 means every driver has already consented to chemical testing by operating a vehicle on Arizona roads. Understanding the timeline after arrest is critical because you have only 15 days to protect your driving privileges.
Arrest and Chemical Testing
After a traffic stop or checkpoint, the officer administers field sobriety tests and requests a breath, blood, or urine sample under implied consent. Refusing the test triggers an automatic 12-month license suspension for a first refusal or 2 years for a second refusal within 84 months.
Admin Per Se Affidavit (“The Pink Sheet”)
If your BAC is 0.08% or above, the officer serves an Admin Per Se affidavit at the scene. This document triggers a 90-day administrative license suspension separate from any criminal penalties. You receive a 15-day temporary driving permit.
15-Day Window to Request MVD Hearing
You have exactly 15 calendar days from the date the affidavit is served to request an administrative hearing with the Arizona Motor Vehicle Division. If you request a hearing within this window, your driving privileges continue until the hearing decision. Missing this deadline means the suspension takes effect automatically on day 16.
Criminal Case Proceedings
Misdemeanor DUI cases (standard, extreme, super extreme) are heard in municipal courts or justice courts depending on where the arrest occurred. Felony aggravated DUI cases are heard in the county superior court. Two dedicated judges handle aggravated DUI cases in Maricopa County Superior Court.
Time is critical. You have 15 days to request an MVD hearing to protect your license. Our team handles both the administrative and criminal sides of your case.
How Our Team Builds Your DUI Defense
Every DUI case has two separate tracks: the administrative license action through the Arizona MVD and the criminal prosecution through the courts. An effective defense addresses both simultaneously.
Common defense strategies that have led to dismissed or reduced charges in Arizona DUI cases include:
Why Our Background Gives You an Advantage
Oliverson Law was founded in 2016 by Derek Oliverson, who brings a career spanning law enforcement, prosecution, and the judiciary. He earned his B.S. in Criminal Justice (magna cum laude) from Southern Utah University and his J.D. with a concentration in litigation from Creighton University School of Law. He was admitted to the Arizona Bar in October 2009.
Before founding the firm, Derek served as a police officer in Henderson, Nevada, worked as a criminal prosecutor in Mohave County, Arizona, and presided as a judge at both Page Magistrate Court (overseeing adjudication of 3,000+ cases annually) and Glendale City Court (starting in 2012, overseeing 40,000+ cases annually). He left the bench in 2014 to focus on criminal defense.
Attorney David Tangren is a graduate of the University of Arizona James E. Rogers College of Law where he served as Note and Comment Editor on the International and Comparative Law Journal. Before joining Oliverson Law, David was a prosecutor at the Pima County Attorney’s Office, handling cases from misdemeanors through the felony trial team in the Property and Narcotics Bureau.
Counties and Cities We Serve
Oliverson Law handles DUI cases throughout Arizona from our main office at 60 E Rio Salado Pkwy, Suite 900, Tempe, AZ 85281. We appear regularly in courts across Maricopa County and Mohave County.
Maricopa County (Population: 4,551,524)
Maricopa County Superior Court at 201 W Jefferson St, Phoenix handles all felony DUI cases. Misdemeanor DUI cases are heard in the 26 justice court precincts and municipal courts located throughout the county, including regional facilities in Mesa (222 E Javelina Ave), Surprise (14264 W Tierra Buena Ln), and North Phoenix (18380 N 40th St).
Mohave County (Population: 222,255)
Mohave County Superior Court at 415 E Spring St in Kingman handles felony DUI cases. Our founder Derek Oliverson began his legal career as a prosecutor in Mohave County and maintains direct familiarity with the local courts and procedures.
Frequently Asked Questions
A first-offense standard DUI under ARS 28-1381 carries a minimum of 10 consecutive days in jail, though the court may suspend 9 of those days if you complete alcohol screening, education, and treatment. Fines start at approximately $1,250 with surcharges, and your license faces a 90-day administrative suspension. An ignition interlock device is required for 6 to 12 months. Extreme DUI (0.15%+ BAC) increases the minimum jail to 30 days, and Super Extreme DUI (0.20%+) increases it to 45 days.
A DUI conviction remains on your criminal record permanently in Arizona. There is no automatic expungement. However, under ARS 13-911, Arizona’s record sealing law that took effect January 1, 2023, you may petition to seal a misdemeanor DUI conviction after a 3-year waiting period following completion of all sentence conditions. Aggravated DUI (Class 4 felony) may be eligible for sealing after 5 years, unless it was classified as a dangerous offense.
Under Arizona’s implied consent law (ARS 28-1321), refusing a chemical test after a lawful DUI arrest results in an automatic 12-month license suspension for a first refusal, or a 2-year suspension for a second refusal within 84 months. These suspension periods are longer than the 90-day suspension for failing the test. Additionally, prosecutors can still pursue DUI charges based on officer observations, field sobriety test results, and other evidence even without chemical test results.
DUI charges can be dismissed if the defense identifies constitutional violations or procedural errors. Common grounds include lack of reasonable suspicion for the initial traffic stop, failure to observe the required 15-minute deprivation period before breath testing, Intoxilyzer 8000 calibration deficiencies, or breaks in the chain of custody for blood samples. An experienced defense attorney examines every step of the arrest and testing process for errors that could lead to suppression of evidence or dismissal of charges.
Under ARS 28-1383, a DUI becomes an aggravated DUI felony in five circumstances: driving on a suspended, canceled, or revoked license; committing a third or subsequent DUI within 84 months; having a passenger under 15 years old in the vehicle; driving while required to have an ignition interlock device; or driving the wrong way on a highway. The first four conditions result in a Class 4 felony with a minimum of 4 months in prison. A child-passenger aggravated DUI is a Class 6 felony.
Derek Oliverson has presided over thousands of cases from the bench, prosecuted DUI cases, and patrolled streets as a police officer. Now he uses that experience to defend you.
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