DUI Defense Attorney in Arizona — Protect Your License, Record & Future
DUI Defense Attorney Arizona — your case moves fast under ARS 28-1385 (admin per se) and ARS 28-1321 (implied consent). From Tempe Municipal Court to Maricopa County Superior Court, we protect driving privileges, challenge testing under ARS 28-1323, and press for dismissal, reduction, or trial. Call (480) 582-3637 statewide.
Arizona DUI laws & penalties
Arizona prosecutes DUI under Title 28, Chapter 4. Core statutes include ARS 28-1381 (impairment to the slightest degree and 0.08% BAC), ARS 28-1382 (Extreme 0.15% and Super Extreme 0.20%), and ARS 28-1383 (Aggravated DUI felonies). License actions proceed separately through ARS 28-1385 (admin per se suspensions) and ARS 28-1321 (implied consent refusals). Ignition interlock requirements are imposed under ARS 28-3319.
Cases begin in Arizona municipal or justice courts for misdemeanors (for example, Tempe Municipal Court, Phoenix Municipal Court, and the Maricopa County Justice Courts). Felony aggravated DUI charges are filed in the Arizona Superior Court in the county of arrest, such as Maricopa County Superior Court or Mohave County Superior Court. Strategic choices differ by court and charge severity; consult our DUI Lawyer guide for charge-specific timelines and options.
Arizona’s sentencing structure sets mandatory minimum jail for convictions, but outcomes can shift with successful motions, accurate scientific challenges, and interlock eligibility. Elevated BAC charges are addressed in our Extreme DUI Lawyer resource, and felony exposure is covered in our Aggravated DUI Attorney overview. When collateral offenses are charged, coordination with a broader Criminal Defense Lawyer strategy can improve leverage during negotiations and at trial.
| Charge | Statute | Minimum Jail | License Impact | Ignition Interlock | Key Notes |
|---|---|---|---|---|---|
| Standard DUI (impairment or 0.08%+), 1st offense | ARS 28-1381(A)(1)-(2) | 10 days (court may suspend 9 with screening/treatment) | Admin per se 90-day suspension (ARS 28-1385), partial restricted eligibility | Typically 12 months (ARS 28-3319) | Alcohol or drug impairment; admissibility requires compliance with ARS 28-1323 |
| Standard DUI, 2nd offense within 84 months | ARS 28-1381 | 90 days (statutory minimums apply) | Possible 1-year revocation through MVD | Generally required after reinstatement | Enhanced penalties based on prior convictions within 84 months |
| Extreme DUI (0.15%+), 1st offense | ARS 28-1382(A)(1) | 30 consecutive days (court-limited suspension options vary by compliance) | Admin per se 90-day suspension (ARS 28-1385) | Often 12 months (ARS 28-3319) | Heightened jail and financial penalties; interlock and treatment heavily emphasized |
| Super Extreme DUI (0.20%+), 1st offense | ARS 28-1382(A)(2) | 45 consecutive days | Admin per se 90-day suspension (ARS 28-1385) | Often 12 months (ARS 28-3319) | Testing protocols and instrument maintenance records frequently decisive |
| Aggravated DUI (e.g., license suspended, 3rd DUI in 84 months, child under 15) | ARS 28-1383 | Felony; prison exposure, including a 4-month minimum for certain class 4 counts | Revocation (length set by MVD following felony DUI) | Extended interlock after reinstatement | Filed in Superior Court; probation, prison, and collateral felony consequences at issue |
| Implied Consent Refusal | ARS 28-1321 | N/A (civil) | 12-month revocation (24 months with prior refusal) | Applies post-reinstatement based on underlying offense | Hearing rights at the Executive Hearing Office; strict timelines |
Arizona also criminalizes driving with drugs in the body under ARS 28-1381(A)(3), with case law limiting non-impairing metabolites. Evidence rules for breath and blood require approved methods, qualified personnel, and foundation consistent with ARS 28-1323 and Arizona Rules of Evidence.
Key Arizona stats & firm at-a-glance
Our Tempe office at 60 E Rio Salado Pkwy, Suite 900, Tempe, AZ 85281 is within minutes of Tempe Town Lake and the Tempe Municipal Court—making rapid response to arraignments, MVD hearings, and court-ordered screening possible across the Phoenix metro and statewide via local counsel coverage.
What happens after a DUI arrest in Arizona
Immediate license action & 15-day clock
After arrest, most drivers receive an admin per se suspension notice (ARS 28-1385) or an implied consent order (ARS 28-1321). You have 15 days to request a hearing with the ADOT MVD Executive Hearing Office. Timely filing can delay suspension while we subpoena officers and challenge reasonable grounds and test compliance.
Arraignment & release conditions
Misdemeanor DUI arraignments occur in municipal or justice courts (e.g., Tempe Municipal Court, Phoenix Municipal Court, Maricopa County Justice Courts). Felonies proceed to the county Superior Court. We address release conditions under Arizona Rules of Criminal Procedure 7, including interlock, SCRAM, and travel limits, and enter not-guilty pleas to preserve defenses.
Discovery, independent testing & motions
Under Arizona Rule of Criminal Procedure 15, the State must disclose reports, calibration logs, videos, and witness lists. We obtain chromatograms for blood cases, maintenance records for breath devices, and lab SOPs, then pursue motions to suppress (Rule 16) for unlawful stops, improper admonitions, or unreliable forensic methods inconsistent with ARS 28-1323.
Resolution: dismissal, reduction, or trial
Negotiations consider prior history, BAC, compliance with screening, and treatment. Reductions to reckless driving (ARS 28-693) may be explored in appropriate cases. If trial proceeds, misdemeanor DUI juries are empaneled in city or justice courts; felony DUI trials are held in Superior Court with strict evidentiary foundations for breath/blood proof.
Call Oliverson Law DUI & Criminal Defense at (480) 582-3637 or visit us at 60 E Rio Salado Pkwy, Suite 900, Tempe, AZ 85281. Same-day strategy sessions available statewide by phone or video.
Defense strategies that work in Arizona courts
For a broader perspective on how DUI fits within Arizona criminal practice, see our Criminal Defense Lawyer hub. For non-aggravated alcohol cases, our DUI Lawyer page details treatment, screening, and interlock pathways often used in plea structures across Arizona city courts.
Our attorneys: Arizona-focused experience
Founder Derek Oliverson earned a B.S. in Criminal Justice, magna cum laude, from Southern Utah University and a J.D. with a litigation concentration from Creighton University School of Law. He was admitted to the State Bar of Arizona in October 2009. Derek served as a police officer in Henderson, Nevada; then as a prosecutor with the Mohave County Attorney’s Office in Arizona; then as a judge in Page Magistrate Court (handling 3,000+ cases per year). In 2012 he joined Glendale City Court as a judge, a high-volume Arizona municipal court with 40,000+ cases per year. He left the bench in 2014 and founded Oliverson Law DUI & Criminal Defense in 2016.
This career path—police, prosecutor, and Arizona city court judge—provides insight into how DUI stops are built, how charges are filed under ARS 28-1381, 28-1382, and 28-1383, and how municipal and justice courts in Maricopa County and beyond evaluate suppression and trial issues. That perspective helps anticipate what matters to Arizona judges when litigating breath/blood foundations (ARS 28-1323) and release terms (Rule 7).
Attorney David Tangren graduated from the University of Arizona James E. Rogers College of Law, where he served as Note and Comment Editor for the International and Comparative Law Journal. As a former prosecutor with the Pima County Attorney’s Office, he handled cases from misdemeanors to the felony trial team, including assignments in the Property and Narcotics Bureau.
David’s prosecutorial work in Pima County Superior Court and Tucson-area justice courts translates to practical experience with Arizona Rules of Criminal Procedure 15 (disclosure), 16 (motions), and trial practice. Together, our attorneys bring experience across Arizona court levels—municipal, justice, and Superior Court—to align defense strategy with the specific expectations and procedures of each venue.
Oliverson Law DUI & Criminal Defense is based in Tempe at 60 E Rio Salado Pkwy, Suite 900, Tempe, AZ 85281. The firm has a 4.9/5 rating with 150+ reviews, reflecting client feedback on representation in Arizona DUI and criminal matters since 2009.
Arizona counties & cities we cover
Tempe, AZScottsdale, AZMesa, AZGlendale, AZChandler, AZGilbert, AZPeoria, AZSurprise, AZGoodyear, AZBuckeye, AZParadise Valley, AZ
Frequently Asked Questions
Arizona imposes immediate civil action. Under ARS 28-1385 (admin per se), a 90-day suspension begins unless you request an ADOT MVD hearing within 15 days of notice. If you refuse testing under ARS 28-1321, MVD seeks a 12-month revocation (24 months with a prior refusal). Hearings occur at the Executive Hearing Office, where officers can be subpoenaed and test procedures challenged.
ARS 28-1381 covers DUI for impairment to the slightest degree and for BAC of 0.08% or more. ARS 28-1382 sets Extreme DUI at 0.15%+ and Super Extreme at 0.20%+. ARS 28-1383 defines Aggravated DUI felonies (e.g., license suspended, third DUI in 84 months, or child under 15). Drug DUI appears in ARS 28-1381(A)(3), with admissibility tied to proper testing foundations.
ARS 28-1381 requires at least 10 days in jail for a first conviction, but courts may suspend 9 days upon screening and treatment. Extreme DUI (ARS 28-1382(A)(1)) carries 30 consecutive days; Super Extreme (ARS 28-1382(A)(2)) carries 45. Interlock typically follows under ARS 28-3319. Availability of home detention and day-for-day credit varies by court and statutory compliance.
Misdemeanor DUI cases are filed in municipal or justice courts (e.g., Tempe or Phoenix Municipal Court; Maricopa County Justice Courts). Felonies go to the county Superior Court. The State must disclose evidence under Rule 15, and defense motions proceed under Rule 16. Cases resolve by dismissal, reduction (e.g., ARS 28-693 reckless driving), or trial, with juries available for most DUI charges.
Representation is not required but is critical. The hearing determines your license under ARS 28-1385 or ARS 28-1321. Counsel can subpoena the officer, challenge reasonable grounds, and test foundations under ARS 28-1323. Testimony is under oath and can be used to impeach in the criminal case. Missing the 15-day deadline generally waives your right to a hearing.
One call starts your defense. Reach Oliverson Law DUI & Criminal Defense at (480) 582-3637 or visit our Tempe office at 60 E Rio Salado Pkwy, Suite 900, Tempe, AZ 85281. Consultations are available by phone or video across Arizona.
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