Phoenix DUI Lawyer

Arizona enforces some of the strictest DUI laws in the United States. Under ARS § 28-1381, driving with a blood alcohol concentration (BAC) of 0.08% or higher—or while impaired to the slightest degree by alcohol or drugs—constitutes a criminal offense that carries mandatory jail time, substantial fines, and license consequences even for first-time offenders.

If you are facing DUI charges in Phoenix or Maricopa County, understanding what the law requires and what defenses apply to your situation is the first step toward protecting your driving privileges and your future.

Attorney Josh Lopez represents clients charged with DUI offenses throughout the Greater Phoenix area, including cases heard in Phoenix Municipal Court, Maricopa County Superior Court, and Justice Courts across the Valley. With experience handling the full range of DUI charges—from standard first-offense cases to aggravated felony DUI—Attorney Josh provides the legal guidance and courtroom advocacy necessary to pursue the best possible outcome.

Arizona DUI Laws: What You Need to Know

Arizona’s DUI statutes are found in ARS § 28-1381 through § 28-1383. These laws establish multiple categories of DUI offenses based on BAC level, prior offenses, and aggravating circumstances.

DUI Defined Under Arizona Law

You can be charged with DUI in Arizona under three circumstances:

1. Impaired to the Slightest Degree (ARS § 28-1381(A)(1)): Operating a vehicle while impaired by alcohol, drugs, or any combination—even if your BAC is below 0.08%. This is the most commonly charged DUI provision and does not require proof of a specific BAC level. 
2. Per Se DUI (ARS § 28-1381(A)(2)): Driving with a BAC of 0.08% or higher within two hours of operating a vehicle. For commercial drivers, the threshold is 0.04%. 
3. Drug DUI (ARS § 28-1381(A)(3)): Operating a vehicle with any drug or its metabolite in your system if the drug is listed under ARS § 13-3401. This includes prescription medications, marijuana (despite legalization for recreational use), and controlled substances. 

Understanding which provision applies to your case determines the available defenses and potential outcomes.

DUI Penalties in Arizona

Arizona imposes mandatory minimum penalties for DUI convictions that judges cannot reduce below statutory thresholds. The severity increases based on BAC level and prior offenses.

First Offense DUI Penalties

Offense Level	BAC Range	Minimum Jail	Fines & Fees	License Suspension	Ignition Interlock
Standard DUI	0.08% – 0.149%	10 days (9 suspended with screening)	~$1,500+	90 days	12 months
Extreme DUI	0.15% – 0.199%	30 days	~$2,500+	90 days	12 months
Super Extreme DUI	0.20%+	45 days	~$3,000+	90 days	18 months

Second Offense DUI Penalties (Within 84 Months)

Offense Level	BAC Range	Minimum Jail	Fines & Fees	License Revocation	Ignition Interlock
Standard DUI	0.08% – 0.149%	90 days (60 suspended)	~$3,000+	1 year	12 months
Extreme DUI	0.15% – 0.199%	120 days	~$3,500+	1 year	24 months
Super Extreme DUI	0.20%+	180 days	~$4,500+	1 year	24 months

Aggravated DUI (Felony)

Under ARS § 28-1383, a DUI becomes a Class 4 or Class 6 felony if any of the following apply:

• Third DUI offense within 84 months (7 years)
• DUI while your license is suspended, canceled, or revoked
• DUI with a passenger under 15 years old in the vehicle
• DUI while required to have an ignition interlock device
• Wrong-way driving on a highway while impaired

Felony DUI convictions carry prison sentences ranging from 4 months to 2.5 years, loss of civil rights (including firearm possession and voting), and a permanent felony record that cannot be set aside.

The DUI Process in Maricopa County

Understanding what happens after a DUI arrest helps you make informed decisions about your defense. Here is the typical process for DUI cases in Phoenix and Maricopa County:

1. Traffic Stop and Investigation

Law enforcement must have reasonable suspicion to initiate a traffic stop. During the stop, officers look for signs of impairment and may request field sobriety tests (FSTs) and a preliminary breath test (PBT). You are not legally required to perform FSTs or take a PBT, though refusal may be noted in the police report.

2. Arrest and Chemical Testing

If the officer has probable cause to believe you are impaired, you will be arrested. Under Arizona’s Implied Consent Law (ARS § 28-1321), you are required to submit to a breath, blood, or urine test after arrest. Refusal triggers an automatic 12-month license suspension and can be used as evidence against you at trial.

3. Administrative License Suspension

The Motor Vehicle Division (MVD) initiates a separate administrative proceeding to suspend your license. You have 15 days from the date of arrest to request an Admin Per Se hearing to challenge the suspension. Missing this deadline waives your right to contest the suspension.

4. Initial Appearance and Arraignment

For misdemeanor DUI charges in Phoenix, your case will typically be heard in Phoenix Municipal Court (300 W. Washington St.) or the appropriate Justice Court. Felony charges are prosecuted in Maricopa County Superior Court. At arraignment, you enter a plea and receive disclosure of evidence.

5. Pretrial Proceedings

The pretrial phase involves discovery review, motion practice, and plea negotiations. Defense motions may challenge the legality of the traffic stop, the administration of chemical tests, or the handling of evidence.

6. Trial or Resolution

If negotiations do not produce an acceptable resolution, the case proceeds to trial. The prosecution bears the burden of proving each element of the offense beyond a reasonable doubt.

DUI Defense Strategies

Every DUI case presents opportunities to challenge the prosecution’s evidence. Attorney Josh evaluates each case for potential defenses based on the specific facts and circumstances.

Challenging the Traffic Stop

Law enforcement must have articulable reasonable suspicion to stop your vehicle. If the officer lacked a valid basis for the stop—or if the reason given does not hold up under scrutiny—any evidence obtained as a result may be suppressed.

Questioning Field Sobriety Test Results

Standardized Field Sobriety Tests are designed to detect impairment, but they are not foolproof. Factors unrelated to alcohol—such as medical conditions, footwear, road surfaces, weather, and officer instructions—can affect performance. Attorney Josh examines whether FSTs were properly administered according to National Highway Traffic Safety Administration (NHTSA) protocols.

Challenging Chemical Test Accuracy

Breath testing devices (such as the Intoxilyzer 8000 used in Arizona) require regular calibration and maintenance. Blood samples must be properly collected, stored, and analyzed following chain-of-custody protocols. Errors in any of these steps can compromise the reliability of BAC results.

Common issues include:

• Device calibration records showing the instrument was out of specification
• Failure to observe the 15-minute deprivation period before breath testing
• Improper blood draw procedures or contaminated collection vials
• Chain-of-custody gaps in handling blood samples

Rising BAC Defense

Alcohol takes time to absorb into the bloodstream. If you consumed alcohol shortly before driving, your BAC may have been below the legal limit while driving but above the limit by the time testing occurred. This “rising BAC” defense requires careful analysis of the timeline and absorption science.

Medical and Physical Conditions

Certain medical conditions—including GERD, diabetes, and some diets—can produce mouth alcohol or acetone that breath testing devices misread as ethanol. Physical conditions affecting balance and coordination can also explain poor FST performance unrelated to impairment.

Underage DUI in Arizona

Drivers under 21 face Arizona’s “Not a Drop” law under ARS § 28-1381(A)(4). Any detectable alcohol in an underage driver’s system—even a BAC as low as 0.01%—constitutes a DUI offense.

Penalties for underage DUI include:

• License suspension for 2 years (or until age 21, whichever is longer)
• Mandatory alcohol screening and education
• Community service requirements
• Possible jail time for BAC of 0.08% or higher

For young drivers, a DUI conviction can impact college admissions, scholarship eligibility, and employment opportunities. Early intervention and strategic defense are essential.

Commercial Driver DUI

Commercial drivers holding a CDL face a lower BAC threshold of 0.04% when operating a commercial vehicle (ARS § 28-1381(A)(5)). A DUI conviction—even in a personal vehicle—results in CDL disqualification:

• First offense: 1-year CDL disqualification
• Second offense: Lifetime CDL disqualification
• Hazmat violations: Enhanced penalties

For professional drivers whose livelihood depends on their CDL, the stakes of a DUI charge extend far beyond the immediate penalties.

Drug DUI: Prescription and Marijuana Cases

Arizona’s drug DUI statute (ARS § 28-1381(A)(3)) applies to any impairing substance, including:

• Prescription medications (opioids, benzodiazepines, sleep aids, muscle relaxants)
• Over-the-counter medications that cause drowsiness
• Marijuana and THC metabolites
• Illegal controlled substances

For marijuana DUI cases, the presence of THC metabolites alone does not establish impairment. Arizona courts have recognized that inactive metabolites can remain in the system long after any impairing effects have dissipated. Defense strategies in drug DUI cases often focus on challenging whether the defendant was actually impaired at the time of driving.

Protecting Your License: The Admin Per Se Hearing

A DUI arrest triggers two separate proceedings: the criminal case and the MVD administrative action against your license. These proceed on different tracks and require separate attention.

The Admin Per Se hearing is your opportunity to challenge the license suspension before it takes effect. Issues that can be raised include:

• Whether the officer had reasonable grounds to believe you were DUI
• Whether you were properly informed of the consequences of refusing or failing the test
• Whether the chemical test was administered correctly
• Whether the test results are accurate

Requesting this hearing within 15 days of arrest is critical. Attorney Josh handles both the criminal defense and MVD administrative proceedings to protect your driving privileges on all fronts.

Why Legal Representation Matters

DUI convictions carry consequences that extend well beyond the courtroom penalties:

• Employment: Many employers conduct background checks, and a DUI conviction can disqualify you from certain positions—particularly those involving driving, security clearances, or professional licensing. 
• Insurance: A DUI conviction typically results in SR-22 filing requirements and significantly increased insurance premiums for 3-5 years. 
• Professional Licenses: Healthcare workers, attorneys, pilots, teachers, and other licensed professionals may face disciplinary action from licensing boards. 
• Immigration: For non-citizens, DUI convictions can trigger immigration consequences including visa revocation, deportation proceedings, and bars to naturalization. 
• Future Offenses: A DUI conviction remains on your record for 84 months (7 years) for purposes of enhanced sentencing on any future DUI charge. 

The decisions made early in a DUI case often determine the outcome. Working with an attorney who understands Arizona DUI law and Maricopa County court procedures positions you to pursue the best available result.

Frequently Asked Questions

What should I do if I’m pulled over for suspected DUI in Phoenix?

Remain calm and provide your license, registration, and insurance when requested. You are required to identify yourself but are not obligated to answer questions about where you were or how much you drank. Field sobriety tests are voluntary—you can politely decline. However, after arrest, Arizona’s Implied Consent Law requires you to submit to chemical testing; refusal triggers an automatic 12-month license suspension.

Can I get a restricted license after a DUI in Arizona?

Arizona does not offer traditional “hardship” or restricted licenses for DUI suspensions. However, you may be eligible for an ignition interlock restricted license that allows you to drive during the suspension period with an IID installed in your vehicle. Attorney Josh can advise whether this option applies to your situation.

How long does a DUI stay on my record in Arizona?

A DUI conviction becomes part of your permanent criminal record in Arizona. For purposes of enhanced sentencing on future DUI offenses, prior convictions are counted if they occurred within 84 months (7 years). While Arizona allows “set aside” of some convictions after completing your sentence, the conviction remains visible on background checks.

What’s the difference between DUI and Extreme DUI?

Standard DUI applies to BAC levels of 0.08% to 0.149%. Extreme DUI (ARS § 28-1382(A)(1)) applies when BAC is 0.15% or higher, carrying significantly increased mandatory minimum jail time and fines. Super Extreme DUI applies at 0.20% or higher with even greater penalties.

Can I be charged with DUI for marijuana in Arizona?

Yes. Despite the legalization of recreational marijuana in Arizona, driving while impaired by marijuana remains illegal under ARS § 28-1381(A)(1). Additionally, driving with THC or its metabolites in your system can result in charges under ARS § 28-1381(A)(3), though the mere presence of inactive metabolites without evidence of actual impairment may be defensible.

What happens if I refuse a breath or blood test?

Under Arizona’s Implied Consent Law, refusing a chemical test after arrest results in an automatic 12-month license suspension—longer than the suspension for failing the test. The refusal can also be used as evidence of consciousness of guilt at trial. In some cases, law enforcement may obtain a warrant for a blood draw despite your refusal.

How much does a DUI lawyer cost in Phoenix?

Legal fees vary based on case complexity, whether the charge is a misdemeanor or felony, and the extent of investigation and litigation required. Attorney Josh offers transparent fee structures discussed during your initial consultation. Given the long-term consequences of a DUI conviction—including fines, insurance increases, and employment impacts—professional legal representation is an investment in protecting your future.

Should I plead guilty to a first-time DUI?

Not without first consulting with an attorney who has reviewed the evidence against you. Many DUI cases have defensible issues that only become apparent through careful review of police reports, body camera footage, and chemical test records. Even in cases where conviction is likely, an experienced attorney can often negotiate reduced charges or minimize penalties.

Phoenix and Maricopa County DUI Defense

Attorney Josh represents clients facing DUI charges throughout the Greater Phoenix metropolitan area, including cases in:

• Phoenix Municipal Court – Handling DUI cases arising within Phoenix city limits
• Scottsdale City Court – DUI cases from the Scottsdale area
• Maricopa County Superior Court – Felony DUI and aggravated DUI cases
• Mesa, Tempe, Chandler, Gilbert, and Glendale – Municipal court appearances throughout the Valley
• Justice Courts – Cases arising in unincorporated Maricopa County areas

Familiarity with local court procedures, prosecutors, and judges allows Attorney Josh to provide informed guidance about what to expect and how to position your case most effectively.

Schedule a Consultation

If you are facing DUI charges in Phoenix or anywhere in Maricopa County, contact The Law Office of Joshua A. Lopez for a consultation. Attorney Josh will review the facts of your case, explain the charges and potential consequences you face, and discuss the defense strategies that may apply to your situation.

Call (480) 386-1824 or complete the contact form to schedule your consultation.