A DUI defense attorney 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 combines judicial, prosecutorial, and law enforcement experience across Maricopa and Mohave counties. Call (480) 582-3637 for a free case evaluation.
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.
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.
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.
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.
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.
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.
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:
Under the Fourth Amendment, officers need reasonable suspicion to initiate a traffic stop. If the stop was based on a hunch rather than an observed traffic violation or driving pattern, any evidence obtained may be suppressed.
Arizona uses the Intoxilyzer 8000 for breath testing. These devices require regular calibration and maintenance. Incomplete maintenance logs or expired calibration certificates can undermine the reliability of BAC results.
Arizona law requires officers to observe the suspect for at least 15 continuous minutes before administering a breath test to ensure nothing enters the mouth that could affect results. Failure to maintain continuous observation can invalidate the test.
Blood samples must follow strict handling procedures from the draw site to the crime lab. Breaks in the chain of custody, improper storage temperatures, or delays in analysis can render results inadmissible.
Oliverson Law was founded in 2009 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.
Oliverson Law handles DUI defense 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 Superior Court at 201 W Jefferson St, Phoenix handles all felony cases. Misdemeanor 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 Superior Court at 415 E Spring St in Kingman handles felony 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.
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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.
Yes, if you want to contest the administrative license suspension. You have exactly 15 calendar days from the date the Admin Per Se 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.
In Arizona and in most U.S. jurisdictions, the terms “lawyer” and “attorney” are used interchangeably. Both refer to a person licensed by the state bar to practice law and represent clients in court. What matters in a DUI case is not the title, but the experience the person brings to your defense.
Oliverson Law’s team includes a former judge (Glendale City Court), former prosecutors (Mohave County and Pima County), and a former police officer. That combined experience on the charging, prosecuting, and judicial sides of Arizona DUI cases is what informs our defense strategy. We have been defending Arizona DUI charges since the firm was founded in 2009.
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Derek Oliverson has presided over thousands of cases from the bench, prosecuted criminal cases in Mohave County, and patrolled streets as a police officer. Now he uses that experience to defend you.
Call (480) 582-3637Or request a free consultation online
