Answers to the questions Arizona residents ask most about DUI charges, criminal defense, and working with Oliverson Law. If you don’t see your question here, call Derek directly.
A first-offense DUI in Arizona carries a minimum of 10 days in jail (9 may be suspended), fines exceeding $1,500, a 90-day license suspension, mandatory alcohol screening, and installation of an ignition interlock device. Arizona has some of the strictest DUI penalties in the nation, which is why having an experienced defense attorney is critical to minimizing consequences.
Yes, DUI charges can be dismissed in Arizona. Common grounds include improper traffic stops (no reasonable suspicion), faulty breathalyzer calibration, failure to read Miranda rights, mishandled blood samples, and procedural violations during field sobriety tests. Derek Oliverson examines every detail of the arrest to identify dismissal opportunities that other attorneys may miss.
In Arizona, a standard DUI applies at a blood alcohol concentration (BAC) of 0.08% or higher. An extreme DUI is charged at 0.15% BAC or higher, carrying mandatory 30 days in jail and over $2,500 in fines. A super extreme DUI at 0.20% BAC or higher brings 45 days minimum jail time. The higher the BAC, the more aggressive the prosecution — and the more critical experienced defense becomes.
A DUI conviction stays on your Arizona criminal record permanently — there is no automatic expiration. However, the DUI lookback period for sentencing purposes is 7 years, meaning a second DUI within 7 years of the first carries enhanced penalties. Arizona’s record sealing law (effective January 2023) may allow eligible individuals to seal certain DUI convictions after completing all sentence requirements.
DUI attorney fees in Arizona typically range from $1,500 to $10,000+ depending on the complexity of the case, BAC level, prior offenses, and whether the case goes to trial. Oliverson Law offers a free initial consultation so you can understand your options before committing to anything.
Arizona’s Admin Per Se law means your license can be suspended automatically 15 days after a DUI arrest — even before you go to court. A first-offense DUI carries a 90-day suspension (30 days no driving, 60 days restricted). You can request an MVD hearing within 15 days of your arrest to contest the suspension.
Arizona has an implied consent law, meaning that by driving on Arizona roads, you’ve already agreed to submit to chemical testing if lawfully arrested for DUI. Refusing a breathalyzer or blood test results in an automatic 12-month license suspension. The prosecution can also use your refusal as evidence against you in court.
Yes. Arizona’s DUI law (ARS 28-1381) applies to any substance that impairs your ability to drive — including marijuana, prescription medications, and over-the-counter drugs. Arizona is also a “zero tolerance” state for illegal drugs, meaning any amount of a metabolite in your system can result in a DUI charge.
An ignition interlock device (IID) is a breathalyzer installed in your vehicle that prevents the engine from starting if it detects alcohol on your breath. Arizona requires IID installation for all DUI convictions — including first offenses. The typical requirement is 12 months for a standard DUI.
Most DUI charges in Arizona are misdemeanors, but a DUI becomes a Class 4 felony (aggravated DUI) if you: were driving on a suspended, revoked, or canceled license; had a third DUI within 7 years; had a passenger under 15 in the vehicle; or refused to submit to a blood or breath test while an IID was required. Felony DUI carries mandatory prison time.
Exercise your right to remain silent, do not consent to any searches, do not post on social media about your arrest, and call a criminal defense attorney immediately. The sooner your attorney is involved, the more options you have.
Misdemeanors are less serious offenses with maximum jail time of 6 months. Felonies carry potential prison time of over 1 year. Arizona has 6 classes of felonies, with Class 1 (murder) being the most serious and Class 6 being the least.
Yes. Charges can be dropped if the prosecution lacks sufficient evidence, constitutional rights were violated during arrest, evidence was obtained illegally, or plea agreements are reached. An experienced attorney identifies these opportunities early.
Effective January 2023, Arizona allows individuals to petition to seal certain criminal records after completing all sentence requirements. Not all offenses qualify — violent crimes, sex offenses, and crimes involving minors are generally excluded.
While not legally required, having an attorney for any criminal charge is strongly recommended. Even misdemeanors create permanent criminal records that affect employment, housing, and professional licensing. An attorney can often negotiate reduced charges or dismissal.
Fees vary based on the charge severity, case complexity, and whether the case goes to trial. Oliverson Law offers a free initial consultation where you can discuss your case and learn about costs with no obligation.
Yes. Oliverson Law works with clients on payment arrangements to make quality criminal defense accessible.
Yes. Derek Oliverson personally handles every case. Unlike large firms that assign junior associates, you work directly with Derek and his team throughout your case.
Oliverson Law serves all 15 Arizona counties from 4 office locations in Tempe, Phoenix, Gilbert, and Kingman. We appear in municipal courts, justice courts, and superior courts statewide.
Yes. Derek is available 24/7. All clients receive his personal cell phone number for calls and texts day or night.
Every case is different. Get answers specific to your situation — not generic legal advice. Your first consultation is free, confidential, and comes with zero obligation.
