Arizona DUI Lawyer
Fight your DUI charge with an experienced Arizona DUI lawyer. Former DUI judge, former prosecutor, and former police officer defending DUI charges across all Arizona courts.
Fight Your DUI Charge with Experience That Matters
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.
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.
Common Concerns After a DUI
Many clients come to us overwhelmed, uncertain, or afraid. These are the most common struggles we see:
How we fix it: We explain the plan, attack the evidence, manage MVD deadlines, and push for dismissals or reductions.
What To Do After a DUI Arrest in Arizona
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 your case.
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.
What You Want — and How We Get It
You want to protect your freedom, your license, and your future. We make that possible by:
Pursuing Dismissals or Reductions
When feasible, we push for full dismissal or reduction to lesser charges such as reckless driving.
Protecting Your License Through MVD Hearings
We handle the administrative side to preserve your driving privileges.
Suppressing Evidence from Illegal Stops
We challenge illegal stops, searches, and improper testing procedures.
Strategic Negotiation or Trial
Negotiating strategically when it helps, and going to trial when it’s better.
Clear Communication
You’re never left in the dark about your case status or strategy.
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 or drugs.
DUI Per Se — A.R.S. 28-1381(A)(2)
BAC of 0.08 or higher within two hours of driving or 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 of 0.04 or higher 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.
Types of DUI Charges We Handle
We represent clients across the full spectrum of DUI law in Arizona:
1st Offense DUI
First-time DUI charges, BAC 0.08+, impaired to the slightest degree.
2nd Offense DUI
Second DUI within 7 years with enhanced penalties and mandatory jail time.
Extreme DUI
BAC between 0.15 and 0.20 — mandatory minimum 30 days jail.
Super Extreme DUI
BAC 0.20 or above — mandatory minimum 45 days jail.
Aggravated DUI
Felony DUI — suspended license, child in vehicle, 3rd offense, wrong-way driving.
Underage DUI
Zero tolerance for drivers under 21 — any alcohol triggers charges.
Vehicular Manslaughter
Death resulting from DUI or reckless driving — serious felony charges.
DUI License Consequences
Admin Per Se suspensions, MVD hearings, and ignition interlock requirements.
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 Test
90-day admin suspension with potential restricted reinstatement after 30 days.
Test Refusal
12-month suspension of driving privileges.
Critical Deadline: 15 Days
You have 15 days from notice to request an MVD hearing and pause the suspension.
Included in Our Defense
Our DUI representation includes full MVD defense coordination.
Why Choose Oliverson Law DUI & Criminal Defense
When it comes to your defense, experience isn’t optional — it’s essential. At Oliverson Law, you get a full legal team that’s been on every side of the courtroom.
30+ Years of Collective Experience
Over the length of their careers, the attorneys at Oliverson Law have helped thousands of people successfully fight their criminal charges.
Former Judge & Prosecutors
As former prosecutors, police officers, and judges, our attorneys have experience on all sides of the law. This insight allows them to better defend your case.
24/7 Availability
Because arrests don’t wait for business hours. All clients get our personal cell phone numbers — reach us by text or call day or night.
Team Approach to Your Case
You get access to multiple experienced attorneys who work together to achieve the best possible result for you.
Recent Case Victories
Our results demonstrate our commitment to winning.
What Our Clients Say
FAQs About DUI Defense in Arizona
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.
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.
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.
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.
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.
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.
Facing DUI Charges in Arizona?
We fight for your case as if it were our own — because your freedom deserves nothing less. Former judge, prosecutor, and police officer on your side.