Arizona DUI Lawyer – Oliverson Law DUI & Criminal Defense
Fight Your DUI Charge with an Experienced Arizona DUI Lawyer
Don’t let a DUI case derail your life. If you’re facing DUI charges in Arizona, you need a defense that moves fast, challenges the evidence, and protects your license and your future. At Oliverson Law DUI & Criminal Defense, attorney Derek Oliverson brings a unique edge: former DUI judge, former prosecutor, and former police officer. With offices in Tempe, Gilbert, Phoenix, and Kingman, we defend clients statewide — 24/7.
Call (480) 582-3637 for a free, confidential consultation today.
Why Clients Choose Us for DUI Defense
When you hire Oliverson Law, you don’t get just a lawyer — you get a team that has served on every side of a DUI case (police, prosecution, and the bench). We anticipate the State’s strategy and know how to dismantle it.
-
30+ years of combined experience
-
Former DUI judge, former prosecutors, and former police officer on your side
-
24/7 communication by phone, text, or email
-
Free, no-obligation consultation
-
Offices in Tempe, Phoenix, Gilbert, and Kingman
Call (480) 582-3637 or use the Contact Us form to get your defense strategy now.
What To Do After a DUI Arrest in Arizona (First 24–48 Hours)
Time matters. Taking the right steps immediately can protect your license and your case.
- Use your right to remain silent. Don’t answer substantive questions without a lawyer present.
- Ask for a lawyer immediately. Early guidance prevents case-killing mistakes.
- Decline voluntary field sobriety tests. They rarely help and often hurt.
- Understand your MVD notice (Admin Per Se). You have 15 days to request a hearing and pause the suspension. We handle this as part of your defense.
- Save your receipts and timeline. When, what, and how much you ate/drank can matter for any “relate-back” analysis.
Call (480) 582-3637 — we’ll walk you through each step today.
Having the right DUI attorney in Arizona is important to defend your rights and minimize damage.
Call Oliverson Law DUI & Criminal Defense at (480) 582-3637 to discuss your case.
Common Concerns After a DUI (Top Pain)
- Fear of jail or losing your job
- Immediate license suspension and MVD costs
- “Failed” tests that seem impossible to beat
- Confusion about the criminal and administrative processes
- Permanent record and reputation damage
How we fix it: We explain the plan, attack the evidence, manage MVD deadlines, and push for dismissals or reductions.
What You Want — and How We Get It (Top Goal)
You want to protect your freedom, your license, and your future. We make that possible by:
-
Pursuing dismissals or reductions (e.g., to reckless) when feasible
-
Protecting your license through MVD hearings
-
Suppressing evidence from illegal stops, searches, or testing
-
Negotiating strategically when it helps, and going to trial when it’s better
-
Communicating clearly so you’re never in the dark
Let’s start today: (480) 582-3637.
Arizona DUI Laws: What Actually Matters
-
DUI (A.R.S. 28-1381(A)(1)): Driving or actual physical control while impaired to the slightest degree by alcohol/drugs.
-
DUI Per Se (A.R.S. 28-1381(A)(2)): BAC ≥ 0.08 within two hours of driving/control.
-
Drug/Metabolite DUI (A.R.S. 28-1381(A)(3)): Any drug under A.R.S. 13-3401 (or metabolite) in the body.
-
Commercial DUI (A.R.S. 28-1381(A)(4)): BAC ≥ 0.04 with a CMV/CDL.
Actual Physical Control (APC): Even if you weren’t “driving,” juries consider the totality of the circumstances (engine on/off, key location, driver’s position, lights, time, weather, etc.). If your situation didn’t present an immediate danger, APC can be challenged.
Practical thresholds:
-
≥ 0.08: presumed impaired (rebuttable)
-
0.05–0.079: officer discretion with totality of circumstances
-
CDL: 0.04
-
Under 21: zero tolerance (Underage DUI)
Field Sobriety & Chemical Tests — Where DUIs Are Won
Field Sobriety Tests (FSTs): Not required by law. They measure balance and divided attention, which can be unfair and subjective. We often advise against them.
Breath Testing (Intoxilyzer): We demand maintenance records, quality assurance logs, and strict protocol (including a properly observed deprivation period). Shortcuts or protocol errors can exclude results.
BAC Within Two Hours (A(2)): If samples aren’t within the 2-hour window, the State tries a retrograde (relate-back). We counter with real-world variables: what/when you drank and ate, your physiology, and the lab’s error margins.
Drug DUIs (A(3)): No “0.08” equivalent. We defend with therapeutic levels, prescriptions, tolerance, and lack of functional impairment under A(1).
License Impact: Admin Per Se / Implied Consent (MVD)
- BAC ≥ 0.08 or positive chemical test: 90-day admin suspension (with potential restricted reinstatement)
- Refusal: 12-month suspension
- Critical deadline: 15 days from notice to request an MVD hearing and pause the suspension
- Included: Our DUI representation includes MVD defense
Our DUI Defense Framework
- Legal review: stop, probable cause, Miranda, body-cam/video
- Technical audit: Intox maintenance, calibration, chain of custody, lab compliance
- Expert analysis & retrograde: expose uncertainty and physiological variables
- Dual-track strategy: criminal court + MVD, coordinated
- Negotiation or trial: we prepare for both — preparation wins cases
Types of DUI Charges We Handle
- 1st Offense DUI and 2nd Offense DUI
- Extreme DUI and Super Extreme DUI
- Aggravated DUI (suspended license, child in vehicle, repeat offenses, etc.)
- Underage DUI (zero tolerance)
- Vehicular Manslaughter related to alcohol/drugs
- After a DUI Arrest: early intervention, guidance, and MVD
Talk to a former DUI judge today: (480) 582-3637.
Get representation from a former police officer and judge, and former felony prosecutors at Oliverson Law DUI & Criminal Defense. Call (480) 582-3637 or contact us online.
Some Recent Case Results
Helping good people get out of a bad situation.
DUI Charges
Bring your case to us.
1ST OFFENsE DUI
Aggravated DUI
Super Extreme DUI
Vehicular Manslaughter
DUI Consequences
2ND OFFENsE DUI
EXTREME DUI
Underage Drinking And Driving
WHAT IS DUI
AFTER A DUI ARREST
Client Reviews
What is the best defense for a DUI?
The best defense depends on the case, but common strategies include challenging the legality of the traffic stop, questioning the accuracy of breathalyzer or blood tests, exposing improper police procedures, or arguing lack of probable cause.
What is a DUI lawyer?
A DUI lawyer is a criminal defense attorney who specializes in defending people accused of driving under the influence of alcohol or drugs. They understand DUI laws, penalties, and defenses, and work to protect your rights, driving privileges, and future.
Can my lawyer get me out of a DUI?
Yes, while not every case can be dismissed, an experienced DUI lawyer may get charges reduced or dismissed by finding weaknesses in the prosecution’s case, negotiating for lesser penalties, or securing alternative sentencing options.
Why do lawyers drag out DUI cases?
Often, lawyers extend cases to gather more evidence, wait for lab results, negotiate better plea deals, or take advantage of procedural errors. Longer timelines can sometimes work in the defense’s favor.
What makes a DUI case weak?
A DUI case can be considered weak when it’s built on a foundation of issues, such as unreliable breath or blood test results, an unlawful traffic stop, mishandled evidence, inconsistent police reports, or violations of constitutional rights.
What is the best plea for a DUI?
The best plea depends on the circumstances. Some clients benefit from negotiating a “wet reckless” plea (a reduced charge), while others fight for full dismissal. A DUI lawyer will evaluate whether to recommend pleading guilty, not guilty, or negotiating for reduced charges based on the case facts.
Frequently Asked Questions About Arizona DUIs
What is the best defense for a DUI?
The best defense depends on the case, but common strategies include challenging the legality of the traffic stop, questioning the accuracy of breathalyzer or blood tests, exposing improper police procedures, or arguing lack of probable cause.
What is a DUI lawyer?
A DUI lawyer is a criminal defense attorney who specializes in defending people accused of driving under the influence of alcohol or drugs. They understand DUI laws, penalties, and defenses, and work to protect your rights, driving privileges, and future.
Can my lawyer get me out of a DUI?
Yes, while not every case can be dismissed, an experienced DUI lawyer may get charges reduced or dismissed by finding weaknesses in the prosecution’s case, negotiating for lesser penalties, or securing alternative sentencing options.
Why do lawyers drag out DUI cases?
Often, lawyers extend cases to gather more evidence, wait for lab results, negotiate better plea deals, or take advantage of procedural errors. Longer timelines can sometimes work in the defense’s favor.
What makes a DUI case weak?
A DUI case can be considered weak when it’s built on a foundation of issues, such as unreliable breath or blood test results, an unlawful traffic stop, mishandled evidence, inconsistent police reports, or violations of constitutional rights.
What is the best plea for a DUI?
The best plea depends on the circumstances. Some clients benefit from negotiating a “wet reckless” plea (a reduced charge), while others fight for full dismissal. A DUI lawyer will evaluate whether to recommend pleading guilty, not guilty, or negotiating for reduced charges based on the case facts.
Award-Winning Criminal Defense
A legal team you can count on.
Serving Clients Across Arizona
Why Oliverson Law DUI & Criminal Defense?
Highly Communicative & Responsive
Our attorneys will work closely with you, diligently keeping you fully informed and updated on your case from beginning to end.
Former Judge and Prosecutors
As former prosecutors, police officers and judges, our attorneys have experience on all sides of the law. This special insight allows them to better defend your case.
Team Approach to Your Case
At Oliverson Law DUI & Criminal Defense, you get access to multiple experienced attorneys who work together to achieve the best possible result for you.
Get Started Today
Schedule a free consultation.
Best DUI Lawyer Ratings in Arizona
Evidence of a good job well done is found in the ratings and reviews section of a law firm’s website. You should look for preeminent lawyers from a criminal defense law firm with high ratings and excellent reviews. At Oliverson Law DUI & Criminal Defense, we boast countless excellent client reviews.
Arizona DUI Lawyer Reviews
“Derek’s knowledge of the legal system and his background as a former judge is a definite advantage to his clients,” says Rose, a former Oliverson Law DUI & Criminal Defense client.
Our AZ lawyers have years of experience with the Maricopa County Superior Court and other courts regarding DUI cases. To add to this experience, our DUI and vehicular crimes criminal defense team includes former prosecutors and judges.
Contact the Team of Phoenix DUI Lawyers at Our Law Firm Today
At Oliverson Law DUI & Criminal Defense, our goal is to protect the rights, freedom, and futures of those who turn to us. Our criminal defense team works diligently to offer sound legal advice to all our DUI clients. We are located at 60 East Rio Salado Parkway, Suite 900, Tempe, Arizona 85281, and we are ready to take your call. For a free initial consultation, dial our 24-hour hotline number below. We look forward to assisting you.