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.
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.
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
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.
2 Counts of Aggravated Assault on a Police Officer
All Felony Charges Dismissed
2 Counts of Aggravated Assault with a Deadly Weapon
All Felony Charges Dismissed
25 Counts of Fraud Schemes
All Felony Charges Dismissed
3 Counts of Aggravated Assault
All Felony Charges Dismissed
3 Counts of Aggravated DUI
All Felony Charges Dismissed
3 Counts of Aggravated DUI
Not Guilty on All Charges After Trial
3 Counts of Criminal Damage
All Charges Dismissed
Aggravated Assault & Aggravated DUI (Multiple Counts)
From the moment I called and spoke with Derek, I felt connected and relieved. He was very responsive and listened to my situation. After my dui arrest, I was worried and concerned about what may happen. The team took a lot of that stress into their hands away from me. They kept in contact with me throughout the process and if I had questions they were quick to respond. After a few court dates, Derek gave me a call personally to tell me that the prosecution had dropped all charges. It was an early Christmas present a few days before Christmas. Thank you again to the team at Oliverson Law.
--Allen T
Unfortunately recently I was arrested for a DUI and more unfortunately this was not my first DUI. I did a quick Google search and found Oliverson Law. I filled out the online information card and got a quick phone call back. After one conversation I felt very comfortable that this law group knew what they were doing so I decided to go with Oliverson Law represent me. During this process this law group was available through text email and phone calls 24 hours a day! Anytime I had a question I could send a text and it was answered quickly. When my court date was approaching their team called me and let me know how to prepare for my in person court date. When my day in court came I felt prepared, every member of the team was on the same page. I am very happy With my experience and the outcome of my court case. I definitely recommend this law firm to anyone who’s looking for great representation with quick communication.
- Danie J
I recently had 2 dv cases along with a mip and failure to obey the police officer. Two different times in December. Derek and his team really saved me, all 5 charges were all dropped. They were able to drop my recent case when I was on probation, very rare. They know exactly what they are doing, I barely spoke to them and they handled it all on their own making me less stressed. Derek definitely has his finger wrapped around the courts around here! So for that I am so grateful.Thankyou
- Madison C
Excellent communication. They kept me informed the entire time. Whenever I had a question they were there to help with a timely response. My case was dismissed.
- Justin D
As a former car salesman for almost 15 yrs I will say we had a BAD rep. That’s how I thought of attorneys until I needed legal representation in a situation I had no control of. Not only did Mr. Oliverson fight for my legal rights, they were completely transparent. They answered any calls or texts from me almost instantly and more than once when I had a question or concern. Not only that, they were VICTORIOUS and made the impossible possible in terms of legal circumstances. If I EVER need any kind of legal help rather it be a civil or a criminal matter in life, I will only use this law firm. If I ever patent something I will see if they offer patent services for example. They were that good and left a different interpretation and experience of the “REPRESENTATION” aspect in a Court of Law. Not only was Oliverson Law amazing at their representation to me, they are a rarity in their trade and I recommend anyone living in the valley of Phoenix to retain their services only in civil or criminal matters. Again, they were that good. THANK YOU SO MUCH Derek
- DJ Maier
Oliverson Law was very punctual and timely. They handled my case in a timely manner. Having an advocate on your side is well worth the money. Also during the pre trial period it is nice to have someone take care of business for you to save on the embarrassment of going to court.
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.
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.
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Frequently Asked Questions
What are the penalties for a first-time DUI in Arizona?
The penalties for a first-time DUI in Arizona include a minimum 10-day jail sentence, a fine ranging from $1,250 to $2,500, and mandatory alcohol education programs. Additionally, there may be license suspension for up to one year.
How do I find a reputable DUI attorney in Arizona?
Finding a reputable DUI attorney in Arizona involves researching local firms, checking online reviews, and looking for attorneys with specific experience in DUI defense. Recommendations from trusted sources can also be invaluable in your search.
What are the consequences of a DUI conviction in Arizona?
The consequences of a DUI conviction in Arizona include severe penalties such as hefty fines, mandatory alcohol education programs, license suspension, possible jail time, and a permanent criminal record, all of which can significantly impact your life.
What are the best DUI defense strategies in Arizona?
The best DUI defense strategies in Arizona include challenging the legality of the traffic stop, questioning the accuracy of breathalyzer or field sobriety tests, and arguing medical or environmental factors that could affect test results.
What experience should a DUI lawyer have?
The experience a DUI lawyer should have includes a strong background in criminal defense, familiarity with state DUI laws, and a proven track record of successfully handling DUI cases, ideally with additional insights from prior roles, such as a judge or law enforcement officer.
What questions should I ask a potential DUI lawyer?
When considering a potential DUI lawyer, it’s important to ask about their experience with DUI cases, their approach to defense strategies, the potential outcomes of your case, and their fee structure.
How to choose the right DUI lawyer for my case?
Choosing the right DUI lawyer for your case involves evaluating their experience in DUI defense, understanding their track record with similar cases, and ensuring they prioritize your rights while providing personalized attention to your situation.
What factors influence DUI penalties in Arizona?
The factors that influence DUI penalties in Arizona include blood alcohol concentration (BAC) levels, previous DUI offenses, the presence of minors in the vehicle, and whether any accidents or injuries occurred as a result of the impairment.
How can I check a DUI attorneys credentials?
To check a DUI attorney's credentials, review their educational background, professional licenses, and any disciplinary actions. You can also read client testimonials and verify their experience with DUI cases through state bar associations or legal websites.
What distinguishes a good DUI attorney?
The qualities that distinguish a good DUI attorney include extensive knowledge of DUI laws, a strong track record of successful cases, effective communication skills, and a commitment to protecting clients' rights while minimizing potential penalties.
What are common DUI defense strategies in Arizona?
Common DUI defense strategies in Arizona include challenging the legality of the traffic stop, questioning the accuracy of breathalyzer or field sobriety tests, and demonstrating that the driver’s blood alcohol content was below the legal limit at the time of driving.
How do I evaluate a lawyers experience?
Evaluating a lawyer's experience involves examining their years of practice, areas of expertise, types of cases handled, success rates, client reviews, and any relevant certifications or specializations in criminal defense or DUI litigation.
What should I know before meeting a DUI lawyer?
Before meeting a DUI lawyer, it's essential to gather all relevant details about your case, including arrest documents, charges, and any evidence. Understanding your rights and the potential consequences will help facilitate a more productive consultation.
What documents do I need for a DUI consultation?
For a DUI consultation, you will typically need to provide your driver's license, any citations or paperwork received during your arrest, and documents related to your vehicle, insurance, or court dates.
What is the role of a DUI attorney?
The role of a DUI attorney is to provide legal representation for individuals charged with DUI offenses. They navigate the complex legal process, advocate for clients' rights, and work to minimize penalties and potential consequences of the charges.
How can a DUI attorney strengthen my case?
A DUI attorney can strengthen your case by providing expert legal guidance, identifying potential defenses, negotiating plea deals, and ensuring that your rights are protected throughout the legal process, ultimately aiming to minimize penalties and improve your outcomes.
What are the typical costs of DUI defense?
The typical costs of DUI defense can vary significantly based on the complexity of the case and the attorney's experience, generally ranging from $2,500 to $10,000 or more. Additional fees may apply for court appearances and expert witness testimony.
How do DUI lawyers communicate with clients?
DUI lawyers communicate with clients through various channels, including phone calls, emails, and in-person meetings, ensuring clarity and support throughout the legal process while addressing any questions or concerns that arise.
What should I expect during a DUI trial?
During a DUI trial, you can expect the prosecution to present evidence against you, including testimonies from police officers and witnesses. Your defense attorney will have the opportunity to challenge this evidence and present your case, ultimately leading to a verdict.
What happens if I plead guilty to DUI?
If you plead guilty to DUI, you will typically face penalties that may include fines, license suspension, mandatory alcohol education programs, and possible jail time. The severity of these consequences depends on prior offenses and specific circumstances of your case.
Can a lawyer negotiate plea deals for DUIs?
A lawyer can negotiate plea deals for DUIs. An experienced attorney can advocate on your behalf to potentially reduce charges, minimize penalties, or secure a more favorable resolution in your case, protecting your rights throughout the legal process.
How does Arizona law treat DUI with injuries?
Arizona law treats DUI with injuries as a serious offense, escalating potential penalties significantly. Individuals causing injury while driving under the influence may face felony charges, leading to harsher fines, longer prison sentences, and increased license suspension periods.
What are alternative sanctions for DUI offenders?
Alternative sanctions for DUI offenders may include mandatory alcohol education programs, community service, ignition interlock devices, or probation instead of jail time, depending on the offense's severity and the offender's circumstances.
How long does a DUI case take to resolve?
The timeline for resolving a DUI case can vary significantly. Typically, it can take anywhere from a few weeks to several months, depending on factors like court schedules, complexity of the case, and the specifics of the charges involved.
What is the impact of prior DUIs on penalties?
The impact of prior DUIs on penalties is significant. Repeat offenses can lead to harsher penalties, including longer license suspensions, increased fines, and potential jail time, depending on the number of previous convictions within a specific timeframe.
How can I appeal a DUI conviction?
The process to appeal a DUI conviction involves filing a notice of appeal with the appropriate court, outlining the legal grounds for the appeal, and submitting relevant documentation. It's advisable to consult an experienced attorney to navigate the complexities of the appeal process.
What questions should I ask during a consultation?
During a consultation, you should ask about the attorney's experience with DUI cases, their approach to handling your specific situation, potential outcomes, and the fees associated with their services.
What should I look for in a DUI defense?
What to look for in a DUI defense is crucial for minimizing penalties. Seek an attorney with expertise in DUI laws, a strong track record, and a willingness to understand your unique case to effectively protect your rights.
How do DUI charges affect insurance rates?
DUI charges significantly increase insurance rates. When a driver is convicted of a DUI, insurers often label them as high-risk, resulting in higher premiums or even denial of coverage.
What rights do I have during a DUI arrest?
The rights you have during a DUI arrest include the right to remain silent, the right to an attorney, and the right to refuse certain tests, such as field sobriety tests. It’s crucial to understand and assert these rights to protect yourself.
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