DUI defense attorney in Tempe with a former judge, prosecutor, and police officer
DUI defense attorney Tempe cases often begin with Tempe Police, Arizona DPS, or MCSO, then move into Tempe Municipal Court or Maricopa County Superior Court. Derek Oliverson answers his own phone, is available 24/7, and offers a free consultation at (480) 582-3637.
A DUI in Tempe can put your license, court dates, and record at risk fast.
Can a Tempe DUI case put your license at risk?
Yes. A Tempe DUI can put your license at risk right away, and you should treat it like a separate problem from the court case.
Why does that matter? Because the court case and the license suspension process can move on different tracks. If Tempe Police, Arizona DPS, or another agency arrested you, the criminal case can go to Tempe Municipal Court at 140 E 5th St or to Maricopa County Superior Court at 201 W Jefferson St, while the MVD side can still move forward.
What should you be asking first? You should ask whether the stop, testing, or arrest created a suspension issue and whether anything in the paperwork opens a defense. A DUI defense attorney Tempe AZ case often starts with that question because the license can be one of the first things you lose if you wait.
What else should you know? The source facts say Tempe enforcement is active on Loop 202, U.S. Route 60, Mill Avenue, Apache Boulevard, Rural Road, and around ASU. Those details matter because the stop location, the agency, and the report all shape the next step in your criminal defense.
What happens with the MVD after a Tempe arrest?
The MVD process can start fast after a Tempe arrest, and you should not assume the court date is the only deadline that matters.
What triggers the problem? The arrest paperwork from Tempe Police or Arizona DPS can start the license review process, and that can happen while your court case is still waiting for arraignment. The source says early intervention gives you the best chance, and that is especially true when a suspension issue is already in motion.
Who is involved? Tempe Police, Arizona DPS, and sometimes MCSO all show up in the record, and those agencies create the reports, body camera footage, and patrol notes your lawyer will review. A DUI defense lawyer Arizona case often turns on those records because the same stop can affect both the criminal charge and the license side.
What should your lawyer look for? Your lawyer should look at body worn camera video, breathalyzer calibration logs, patrol reports, and whether the officer followed the local arrest process. Those are the kinds of facts that can support a motion to suppress or a challenge to probable cause in Tempe Municipal Court.
What happens next in your Tempe DUI case?
Next, your case is usually routed by charge level, and the court matters.
What happens first? If the charge is a misdemeanor under ARS 28 1381, the case typically starts in Tempe Municipal Court at 140 E 5th St. If the case is a felony under ARS 28 1383, it goes to Maricopa County Superior Court at 201 W Jefferson St in Phoenix.
Why does that change your strategy? Because the pace, the prosecutor, and the stakes change with the venue. A DUI defense lawyer Tempe AZ case in municipal court may focus on suppressing evidence, while a felony case may require a broader criminal defense plan that also addresses jail time, aggravated DUI exposure, and any related charges.
What should you expect in the short term? The source says arraignment often happens within 48 hours, and citation paperwork from Tempe Police or DPS helps determine where the case lands. That means the first days after arrest are not a time to wait and hope it goes away.
- Tempe Municipal Court handles many misdemeanor DUI cases.
- Maricopa County Superior Court handles felony DUI cases.
- DV tagged charges can be heard in either court depending on severity.
Which Tempe court and prosecutor handle a DUI?
Which court hears the case? That depends on the charge level.
What is the misdemeanor path? Misdemeanor DUI charges under ARS 28 1381 are heard in Tempe Municipal Court at 140 E 5th St, and the prosecutor is the City of Tempe Prosecutor’s Office. That is the usual starting point for many Tempe cases.
What is the felony path? Felony DUI charges under ARS 28 1383 are heard in Maricopa County Superior Court at 201 W Jefferson St in Phoenix, and the prosecutor is the Maricopa County Attorney’s Office. If the case is tied to serious facts, the court can change fast and the stakes can rise with it.
What about DV tagged cases? The source says DUI cases with a domestic violence tag under ARS 13 3601 may be heard in Tempe Municipal Court or Maricopa County Superior Court, depending on the charge level. That matters because DV tags can affect bail, plea options, and sentencing conditions.
Who else can be involved? Tempe Police is the main local agency, Arizona DPS patrols Loop 202 and U.S. Route 60, and MCSO supports unincorporated areas near South Tempe and the Gila River Indian Community border. A DUI defense attorney arizona case can hinge on how those agencies interacted during the stop and arrest.
How can a Tempe DUI be challenged?
It can be challenged in several ways, and the facts from the stop matter more than panic.
What do lawyers look at first? They look at probable cause, body camera video, breath testing records, and whether the officer followed arrest protocol. The source says Tempe Police body worn cameras record DUI stops around the ASU campus, Apache Boulevard, Mill Avenue, and other key areas, which gives the defense material to review.
Where do motions happen? Motions are filed in Tempe Municipal Court for many misdemeanor cases, and they can challenge evidence from stops on Apache Boulevard or Mill Avenue. If the case is in Maricopa County Superior Court, the same kind of evidence review can still matter, especially in felony DUI or aggravated DUI cases.
What can a defense attack? It can attack the stop, the field sobriety tests, the breathalyzer logs, or the way the officer documented the arrest. That is why a DUI defense attorney tempe az strategy often starts with the records from Tempe Police and Arizona DPS rather than with a plea.
Can this help with dismissal or reduction? Yes, the source says improper collection of evidence, inaccurate breathalyzer results, or a lack of probable cause can lead to dismissal in Tempe and Maricopa County. Past results do not guarantee future outcomes, but a real review can change the case posture early.
When should you call a Tempe DUI lawyer?
You should call as soon as you are out and safe, because time starts moving at arrest.
Why call fast? The source says Arizona courts set appearance deadlines and early intervention gives the best chance. That means waiting can make the license issue, court date, and evidence fight harder than they need to be.
Who should you call? You should call Derek Oliverson if you want a DUI defense attorney Tempe case handled by someone who has been a judge, a prosecutor, and a police officer. That kind of background can help when the case depends on reading reports, understanding arrest procedure, and knowing where officers and prosecutors usually focus.
What if you have questions about cost, jail time, or how long a DUI stays on your record? Ask them on the first call. The firm offers a free consultation, Derek answers his own phone, and David Tangren is part of the team when the case needs more criminal defense support.
What are the DUI penalties in Arizona?
Misdemeanor DUI under ARS 28-1381
Misdemeanor DUI cases under ARS 28-1381 typically start in Tempe Municipal Court. The source does not list a specific sentencing range for this section, so your lawyer should explain your exact exposure based on the charge, your record, and the court routing.
Felony DUI under ARS 28-1383
Felony DUI charges under ARS 28-1383 go to Maricopa County Superior Court. The source says felony DUI can involve harsher sentences, and the FAQ notes aggravated DUI under ARS 28-1383 carries penalties including up to 4 years in prison, heavy fines, and license suspension.
DV tagged DUI under ARS 13-3601
A DUI with a domestic violence tag under ARS 13-3601 can be heard in Tempe Municipal Court or Maricopa County Superior Court depending on severity. The source says DV tags can increase bail, limit plea options, and lead to enhanced penalties.
Aggravated DUI exposure
Aggravated DUI under ARS 28-1383 is treated more severely than a basic misdemeanor DUI. The source specifically says these cases are prosecuted in Maricopa County Superior Court and often result in harsher sentences for repeat offenders.
Why Tempe clients choose Oliverson Law
Courtroom background
Derek Oliverson is a former judge, former prosecutor, and former police officer. That means he has seen DUI cases from the bench, the State side, and the street side.
Local focus
The firm handles DUI, aggravated DUI, criminal defense, domestic violence, assault, drug crimes, theft, weapons, and probation violation. That matters when your DUI case comes with extra charges or a DV tag.
Real people
Derek answers his own phone, is available 24/7, and offers a free consultation at (480) 582-3637. David Tangren is also part of the defense team when the case needs co-counsel support.
Built for Tempe cases
Since 2009, the firm has worked on Tempe DUI matters near Mill Avenue, ASU, Apache Boulevard, Loop 202, and U.S. Route 60. That local court and agency knowledge can help when the case depends on the stop, the report, and the exact court route.
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Questions people ask us
Most misdemeanor DUI cases in Tempe are heard in Tempe Municipal Court at 140 E 5th St. Felony DUI cases go to Maricopa County Superior Court at 201 W Jefferson St in Phoenix. If there is a domestic violence tag, the case may be heard in either court depending on severity.
Tempe Police uses strict body worn camera policies, and Arizona DPS patrols Loop 202 and U.S. Route 60. That creates video, reports, and patrol records your lawyer can review for probable cause, testing issues, and arrest mistakes.
Yes, they can be dismissed if evidence was improperly collected, including inaccurate breathalyzer results or a lack of probable cause during the stop. The source says motions in Tempe Municipal Court can challenge those problems.
The source says no fee to talk and a free consultation is available. It does not give a set price for a DUI lawyer, so you should call (480) 582-3637 and ask about your case before you decide anything.
The source does not give a time period for how long a DUI stays on your record. Because that depends on the charge and the record issue, ask Derek Oliverson or David Tangren during the free consultation so you know what applies in your case.
Serving Tempe and Maricopa County, Arizona
Oliverson Law defends DUI and criminal cases across Tempe, Maricopa County, and central Arizona. Pick your city below for local court details, or reach our Tempe office directly.
Don’t see your city? Call (480) 582-3637. We defend clients across Maricopa County and central Arizona.
Talk to a Tempe DUI lawyer today
You do not have to guess your next step. Call (480) 582-3637 now and get a straight answer from Derek Oliverson or David Tangren.