Getting arrested for DUI in Phoenix can be a terrifying experience—especially when you realize just how strict Arizona’s laws really are. Unlike many other states, Arizona is known for having some of the toughest DUI penalties in the country, even for first-time offenders.
If you’ve been arrested or charged with driving under the influence in Phoenix, Scottsdale, or anywhere in Maricopa County, it’s essential to understand what’s at stake—and how to build a smart defense that protects your rights, your freedom, and your future.
At Attorney Josh, we focus on Smart Defense, Strong Results. That means developing legal strategies that anticipate how prosecutors will approach your case and responding with precision, preparation, and purpose. Will break down Arizona’s DUI laws, penalties, and what you can do to minimize the impact of a DUI arrest.
Understanding Arizona’s DUI Laws: No Room for Error
Arizona DUI laws are governed under Arizona Revised Statutes § 28-1381 through § 28-1383, and they are aggressively enforced across Phoenix and surrounding cities. Under Arizona law, you can be arrested for DUI in several scenarios:
Types of DUI Charges in Arizona:
- Standard DUI – BAC of 0.08% or higher (or 0.04% for commercial drivers).
- Extreme DUI – BAC of 0.15% to 0.199%.
- Super Extreme DUI – BAC of 0.20% or higher.
- Aggravated DUI – Involves aggravating factors like:
- DUI with a suspended license
- Third DUI in 7 years
- DUI with a minor (under 15) in the vehicle
- Refusing to install an ignition interlock device (IID)
Arizona’s Zero Tolerance Policy
Arizona also has a zero-tolerance law for drivers under 21—meaning any measurable alcohol in your system can result in a DUI charge.
Even more strict, Arizona is one of the few states where you can be charged with DUI even if your BAC is below 0.08% if the arresting officer believes your ability to drive was impaired.
Penalties for DUI in Phoenix: What You’re Really Facing
The consequences of a DUI conviction in Arizona are not just inconvenient—they can be life-altering. Here’s a breakdown of what you could face:
First-Time Standard DUI (BAC 0.08%–0.149%):
- 10 days jail time (1 day mandatory, 9 can be suspended)
- $1,250+ in fines and assessments
- License suspension (90 days)
- Alcohol screening, education, and treatment
- Ignition interlock device (IID) required for 12 months
- Possible probation (up to 5 years)
First-Time Extreme DUI (BAC 0.15%–0.199%):
- 30 days jail time (minimum)
- $2,500+ in fines
- 30-day vehicle impound
- Alcohol counseling
- 12-month IID
First-Time Super Extreme DUI (BAC 0.20%+):
- 45 days minimum in jail
- $3,000+ in fines
- Extended IID requirement
- Probation, counseling, and other penalties
Aggravated DUI:
- Class 4 felony
- Minimum 4 months in prison
- Long-term license revocation
- Felony record
- Years of probation, mandatory treatment, and fines
These penalties escalate with each offense and can dramatically affect your personal life, job, finances, and driving privileges.
According to the Arizona Governor’s Office of Highway Safety, law enforcement made over 26,000 DUI arrests in 2023 alone—proving that DUI enforcement in Arizona is aggressive and highly active.
Building a Smart Defense: How Attorney Josh Makes the Difference
Not all DUI cases are created equal—and neither are all DUI attorneys. At Attorney Josh, we don’t believe in a one-size-fits-all approach. Instead, we craft a defense based on the facts of your case, your background, and the weaknesses in the prosecution’s case.
Here’s how our smart defense approach works:
Challenging the Traffic Stop and Arrest
A DUI arrest must begin with a legal stop. If the officer didn’t have reasonable suspicion to pull you over, or if your rights were violated during the arrest, key evidence could be suppressed.
- Was the stop constitutional?
- Did the officer follow proper arrest protocol?
- Were field sobriety tests administered correctly?
We dig into police reports, dashcam footage, and officer testimony to find inconsistencies that could weaken the state’s case.
Questioning Breathalyzer or Blood Test Accuracy
Testing equipment must be calibrated and maintained. Blood draws must be conducted under strict protocol. If there’s any doubt about the reliability of your test results, we work to have that evidence thrown out.
Attorney Josh works with forensic experts and toxicologists to evaluate whether the test was flawed, expired, or improperly administered.
Exploring Diversion or Reduction Options
For first-time offenders or those with compelling mitigating circumstances, we often pursue:
- Reduction to reckless driving
- Deferred sentencing or diversion
- Shortened license suspension
- Waived or reduced jail time
This is where strategic negotiation and understanding prosecutorial trends in Maricopa County courts make all the difference.
Why Acting Fast Is Crucial After a DUI Arrest
Arizona’s laws don’t just carry steep penalties—they move fast. From the moment you’re arrested, a clock starts ticking:
- You only have 15 days to request a hearing to challenge your license suspension.
- Evidence and witness recollections fade quickly.
- The sooner you hire a defense attorney, the more time you have to build a strong case.
Many people mistakenly think they’ll be shown leniency just for being a first-time offender. But prosecutors often push for maximum penalties, especially in cases involving high BAC levels or accidents. You need someone on your side who knows the system and knows how to fight.
How We Can Help
At Attorney Josh, we understand that a DUI arrest doesn’t define who you are—it’s a moment in your life, not your identity. We’ve helped hundreds of clients throughout Phoenix, Scottsdale, and Maricopa County fight DUI charges with smart, aggressive, and tailored legal defense.
When you hire our firm, we get to work immediately by:
- Reviewing all arrest details and test results
- Challenging procedural flaws and evidence
- Fighting to reduce or dismiss charges
- Keeping you out of jail and protecting your driving privileges
- Guiding you through license restoration and court obligations
Smart Defense means anticipating the system’s next move—before it happens. Strong Results mean dismissals, reduced charges, and real relief from a situation that once felt hopeless.
If you or someone you care about has been arrested for DUI in Phoenix, don’t wait. Contact Attorney Josh today and let’s build the defense that protects your freedom, reputation, and future.