DUI Attorney in Arizona — Former Judge & Prosecutor Fighting DUI Penalties
DUI Attorney Arizona representation from Oliverson Law connects you with a former Glendale City Court judge and former prosecutors who understand A.R.S. 28-1381, 28-1382, and MVD hearings under A.R.S. 28-1321. From Tempe Municipal Court to Maricopa County Superior Court, we work to protect your license and contain jail exposure.
Arizona DUI laws & penalties (A.R.S. 28-1381 to 28-1383)
Arizona DUI charges are governed primarily by A.R.S. 28-1381 (impairment to the slightest degree and per se BAC), A.R.S. 28-1382 (Extreme and Super Extreme), and A.R.S. 28-1383 (Aggravated DUI). Under 28-1381(A)(1), the State can prosecute without a specific BAC by alleging impairment to the “slightest degree,” a standard Arizona city and justice courts apply daily.
Per se DUI under A.R.S. 28-1381(A)(2) focuses on alcohol concentration of 0.08 or more within two hours of driving, while 28-1381(A)(3) addresses drug-related impairment and prohibited drugs or metabolites. If operating a commercial motor vehicle in Arizona, 28-1381(A)(5) sets a 0.04 threshold. Each charge is a Class 1 misdemeanor unless elevated to a felony under 28-1383.
Extreme DUI in Arizona, A.R.S. 28-1382(A)(1), applies at 0.15 or more; Super Extreme under 28-1382(A)(2) applies at 0.20 or more. Both carry enhanced mandatory jail. Aggravated DUI, A.R.S. 28-1383(A), turns a case into a felony in scenarios such as a third DUI within 84 months, DUI with a suspended or revoked license, or DUI with a passenger under 15 years old.
Separate from the criminal case, the Arizona Motor Vehicle Division (MVD) imposes administrative actions. Under A.R.S. 28-1385 (admin per se), a test at or above 0.08 often triggers a 90‑day suspension, while a refusal under A.R.S. 28-1321 typically triggers a 12‑month suspension (or 24 months with a prior refusal in 84 months). MVD hearings are held through the Executive Hearing Office in Arizona and are distinct from your court dates.
| Offense | Statute | Class | Mandatory Jail/Prison | License & Interlock | Notes |
|---|---|---|---|---|---|
| Standard DUI (impairment or ≥0.08) | A.R.S. 28-1381(A)(1)-(2) | Class 1 misdemeanor | 10 consecutive days; court may suspend all but 1 day with treatment (28-1381(I)) | MVD admin per se or refusal action; ignition interlock under 28-3319 | Two-hour rule applies; drug DUI also charged under 28-1381(A)(3) |
| Extreme DUI (≥0.15) | A.R.S. 28-1382(A)(1) | Class 1 misdemeanor | 30 consecutive days; court may suspend all but 9 days with IID (28-1382(D)(1)) | Interlock required under 28-3319; additional MVD consequences | Enhanced fines & mandatory alcohol screening per Arizona law |
| Super Extreme DUI (≥0.20) | A.R.S. 28-1382(A)(2) | Class 1 misdemeanor | 45 consecutive days; court may suspend all but 14 days with IID (28-1382(D)(2)) | Interlock under 28-3319; stringent conditions | Harsher jail minimums and assessments under Arizona statutes |
| Aggravated DUI | A.R.S. 28-1383(A) | Felony (often Class 4 or 6) | Prison time; Class 4 conviction carries at least 4 months (28-1383(D)) | Revocation and interlock under 28-3319; MVD reinstatement steps | Triggered by suspended license, third DUI in 84 months, or minor under 15 |
| Under 21 with any alcohol in body | A.R.S. 4-244(34) | Misdemeanor | No set mandatory jail unless separately impaired under 28-1381 | MVD consequences apply; potential suspension | Zero-tolerance offense prosecuted in Arizona municipal/justice courts |
Courts across Arizona apply these statutes in different venues. Misdemeanor DUI is heard in city and justice courts such as Tempe Municipal Court and University Lakes Justice Court in Maricopa County, while felony Aggravated DUI proceeds in Superior Courts such as Maricopa County Superior Court, Pinal County Superior Court, Mohave County Superior Court, and Yavapai County Superior Court.
Because penalties scale with BAC, priors in the past 84 months, and MVD history, targeted strategies are essential. For higher BAC allegations, review our Extreme DUI Lawyer and DUI Defense Attorney resources focused on Arizona’s mandatory minimums and interlock requirements under A.R.S. 28-3319.
Firm stats & Tempe office details
Our office is located at 60 E Rio Salado Pkwy, Suite 900, Tempe, AZ 85281—minutes from Tempe Municipal Court and within driving distance of Scottsdale City Court, Mesa Municipal Court, Glendale City Court, and Chandler Municipal Court. Consultations can be scheduled by calling (480) 582-3637 or visiting https://oliversonlaw.com.
Arizona’s DUI landscape requires counsel steeped in local procedure—from MVD Executive Hearing Office practice under A.R.S. 28-1321 and 28-1385, to disclosure obligations under Arizona Rules of Criminal Procedure Rule 15. For guidance tailored to Arizona evidence issues, see our DUI Lawyer page and our article on challenging breath and blood testing in state courts.
What happens after an Arizona DUI arrest
In Arizona, the path from roadside stop to resolution runs through specific deadlines, courts, and agencies. Whether your case begins with a Tempe Police stop near Rio Salado or an Arizona DPS stop on I‑10, the same statutes and procedural rules apply statewide.
Arrest, release, and initial paperwork
After a DUI arrest in Arizona, officers typically issue a citation under A.R.S. 28-1381 et seq., seize your license if applicable, and serve an MVD admin per se or implied consent affidavit under A.R.S. 28-1385 or 28-1321. Your first court date (arraignment) is set in an Arizona municipal or justice court.
15-day MVD window
Arizona gives you only 15 days from service of the admin per se or refusal to request an MVD hearing (A.R.S. 28-1321 & 28-1385). The hearing is held by the Executive Hearing Office. Failure to act can trigger an automatic suspension, even if your criminal case is later dismissed in Tempe Municipal Court or elsewhere.
Arraignment and pretrial in Arizona courts
Misdemeanor DUI arraignments occur in courts such as Scottsdale City Court, Mesa Municipal Court, Gilbert Municipal Court, and justice courts across Maricopa County. Felony Aggravated DUI is filed in Arizona Superior Court. Arizona Rule of Criminal Procedure 15 requires early disclosure; strategic motions follow under Rule 16, including motions to suppress evidence.
Hearings, trial, and sentencing
Arizona DUI cases can proceed to evidentiary hearings on probable cause, breath/blood reliability, and statements. Misdemeanor DUIs generally carry a right to a six-person jury in Arizona. Upon conviction, the court imposes mandatory jail, alcohol screening/treatment (A.R.S. 28-1381(I)), and ignition interlock orders under A.R.S. 28-3319, with MVD overseeing reinstatement.
Because science drives many Arizona DUI outcomes, early preservation of video, calibration logs for the Intoxilyzer 8000, and blood-testing batch data from Arizona crime labs is critical. For a deeper dive on laboratory issues specific to Arizona, review our post: Can a DUI attorney challenge blood test results in Arizona.
Speak with an Arizona DUI attorney at Oliverson Law from our Tempe office near Tempe Town Lake. We handle MVD hearings, city/justice court cases, and Superior Court felonies across Arizona.
Defense strategies in Arizona DUI cases
Arizona law and procedure create multiple leverage points. Our approach draws on A.R.S. 28-1381 et seq., Arizona Rules of Evidence, and how municipal, justice, and Superior Courts in Arizona evaluate DUI proof. For BAC tiers at 0.15 or higher, our Extreme DUI Lawyer page addresses Arizona-specific enhancements.
When Arizona prosecutors rely on retrograde extrapolation to estimate BAC “within two hours” under A.R.S. 28-1381(A)(2), we consult Arizona‑qualified experts to challenge assumptions about drinking pattern, food intake, and elimination rates. These issues arise frequently in Maricopa County and Pinal County courtrooms.
Your Arizona DUI attorneys
Arizona DUI defense benefits from counsel who have worked every side of the courtroom. From roadside investigation through judicial rulings, our attorneys bring Arizona‑specific insight that shapes case strategy in Tempe Municipal Court, justice courts, and Superior Courts statewide.
Derek Oliverson is the Founder of Oliverson Law DUI & Criminal Defense. He earned his B.S. in Criminal Justice magna cum laude from Southern Utah University and his J.D. with a litigation concentration from Creighton University School of Law. Admitted to the State Bar of Arizona in October 2009, Derek’s Arizona career path runs from law enforcement to the bench. After serving as a police officer in Henderson, Nevada, he became a prosecutor in Mohave County, Arizona, then a judge in the Page Magistrate Court, which handled 3,000+ cases per year, and later a judge in Glendale City Court in 2012, a court processing 40,000+ cases per year. He left the bench in 2014 and founded the firm in 2016 at our Tempe, Arizona address, 60 E Rio Salado Pkwy, Suite 900.
For Arizona DUI clients, Derek’s judicial background means he understands how Phoenix‑area city courts rule on motions to suppress, how probation departments implement alcohol screening under A.R.S. 28-1381(I), and how Superior Court calendars move in felony Aggravated DUI under A.R.S. 28-1383.
David Tangren graduated from the University of Arizona James E. Rogers College of Law, where he served as Note and Comment Editor for the International and Comparative Law Journal. As a former prosecutor with the Pima County Attorney’s Office, he handled misdemeanors through a felony trial team, including work in the Property and Narcotics Bureau. That experience with Tucson‑area felony dockets translates directly to complex Arizona DUI litigation, from Rule 15 disclosures to expert challenges under Rule 702 in Superior Courts across the state.
Together, our attorneys combine Arizona prosecution insight and judicial perspective with defense‑side investigation. Whether your case is set in Tempe Municipal Court or assigned to the Maricopa County Superior Court felony calendar, we tailor strategies to Arizona’s evidence rules, local practices, and the statutory mandates of A.R.S. 28-1381, 28-1382, and 28-1383.
Client contact is streamlined: call (480) 582-3637 for our Tempe office, or use our online portal at /contact-us/. Our firm holds a 4.9/5 rating based on 150+ reviews reflecting Arizona casework.
Arizona counties & cities we cover
Arizona DUI cases are venue‑driven. Misdemeanors file in municipal or justice courts, and felonies proceed in county Superior Courts. Use the shortcuts below to reach county‑ and city‑focused Arizona pages relevant to where you were cited or booked.
Tempe, AZScottsdale, AZMesa, AZGlendale, AZChandler, AZGilbert, AZPeoria, AZSurprise, AZGoodyear, AZBuckeye, AZParadise Valley, AZ
Each link reflects Arizona court patterns. For example, Tempe cases are often filed in Tempe Municipal Court on East 5th Street, while Aggravated DUI may be indicted and assigned to Maricopa County Superior Court downtown. We coordinate court and MVD timelines in every Arizona venue listed above.
Frequently Asked Questions
Arizona sets mandatory minimums by statute. Under A.R.S. 28-1381(I), a first-time non-extreme DUI carries 10 consecutive days, and the court may suspend all but 1 day with alcohol screening and treatment. For Extreme DUI (A.R.S. 28-1382(A)(1)), the minimum is 30 days; for Super Extreme (28-1382(A)(2)), 45 days, with limited suspension options tied to ignition interlock.
MVD actions are separate from court. A test ≥0.08 usually triggers a 90-day admin per se suspension under A.R.S. 28-1385, while a refusal triggers a 12-month implied consent suspension under A.R.S. 28-1321 (24 months with a prior refusal in 84 months). You have 15 days to request a hearing with Arizona’s Executive Hearing Office.
Venue depends on charge level and location. Misdemeanor DUI under A.R.S. 28-1381 or 28-1382 is filed in an Arizona municipal or justice court (e.g., Tempe Municipal Court, Scottsdale City Court). Felony Aggravated DUI under A.R.S. 28-1383 is prosecuted in Superior Court (e.g., Maricopa County Superior Court, Pinal County Superior Court).
Yes. Arizona defense teams challenge Intoxilyzer 8000 calibrations, operator certifications, and environmental factors, as well as blood testing through chain of custody and gas chromatography reliability. These issues are litigated under Arizona Rules of Evidence 702 and 901 and may be addressed via Rule 16 motions. See A.R.S. 28-1381 two-hour provisions for timing defenses.
A.R.S. 28-1383 elevates DUI to a felony for reasons including a third DUI within 84 months, driving while license is suspended/revoked from an Arizona offense, or DUI with a passenger under 15. A Class 4 Aggravated DUI includes a mandatory prison term of at least 4 months under A.R.S. 28-1383(D), plus MVD revocation and interlock.
Contact Oliverson Law DUI & Criminal Defense at our Tempe office, 60 E Rio Salado Pkwy, Suite 900, Tempe, AZ 85281. We handle Arizona DUI cases under A.R.S. 28-1381, 28-1382, and 28-1383, and MVD actions under 28-1321 and 28-1385.
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