Arizona DUI Charges Are Serious. Your Defense Should Match Them.
Arizona enforces some of the strictest DUI laws in the country — mandatory minimums, automatic license suspension, and felony exposure for aggravated charges. But a charge is not a conviction. Before you accept any consequence, you deserve a defense attorney who evaluates every option available to you.
What You're Up Against: Arizona's Three-Tier DUI System
Arizona law defines DUI offenses in escalating tiers, each carrying mandatory minimum penalties that courts cannot waive. Understanding which charge you're facing — and what it carries — is the first step in building your defense.
Standard DUI
A blood alcohol concentration of .08 or above triggers a standard DUI charge. Even a first offense carries a mandatory minimum of 24 hours in jail, fines and fees exceeding $1,500, and a 90-day license suspension with possible restricted driving privileges.
Extreme DUI
A BAC of .15 or above elevates the charge to extreme DUI. Mandatory minimums increase to 30 consecutive days in jail for a first offense, along with higher fines, ignition interlock device requirements, and a longer suspension period.
Super Extreme DUI
At .20 BAC or above, Arizona imposes its harshest standard DUI penalties: a minimum of 45 consecutive days in jail, substantially higher fines, and mandatory ignition interlock installation for 18 months. These consequences apply even without a prior record.
If You're Not a U.S. Citizen, a DUI Charge Carries a Second Set of Consequences
For non-citizens, a DUI conviction is not only a criminal matter — it can become an immigration matter. Certain DUI offenses, particularly those involving aggravating factors, can be classified as crimes of moral turpitude or aggravated felonies under federal immigration law. Either classification can trigger deportation proceedings, bar you from adjusting your status, or affect your ability to renew a visa or green card.
At ATR Law Group, we evaluate immigration consequences as part of every DUI defense strategy — not as an afterthought. Our firm handles both criminal defense and immigration law, which means we look at your case from both directions before advising you on any next step. If your DUI charge puts your legal status at risk, we factor that into how we defend you.
If you are already facing removal proceedings related to a criminal charge, our deportation defense practice can address both matters together.
How We Challenge a DUI Charge
Mandatory minimums exist in Arizona law. So do defenses. Before any plea is considered, we examine every aspect of how the charge was made.
1. Review of the Traffic Stop
Law enforcement must have reasonable suspicion to initiate a traffic stop. If the stop was improper — lacking legal justification — evidence gathered during that stop may be suppressible. We examine dashcam footage, police reports, and stop records as a starting point in every case.
2. Breathalyzer Calibration and Maintenance Records
Breathalyzer results are only as reliable as the equipment producing them. We request calibration logs and maintenance records for any device used in your arrest. A machine that was improperly calibrated or maintained can produce readings that should not be used against you.
3. Field Sobriety Test Administration
Standardized field sobriety tests must be administered according to specific protocols established by the National Highway Traffic Safety Administration. Deviations in how the tests were conducted — lighting conditions, instructions given, surface terrain — can affect their admissibility and weight.
4. Blood Draw Procedures and Chain of Custody
If a blood test was used, we review whether the draw was performed by a qualified professional, whether proper procedures were followed, and whether the sample was handled and stored correctly. Chain of custody errors can render blood evidence unreliable.
Your Record After a DUI: Arizona Offers Options
A DUI conviction does not have to follow you permanently. Arizona law provides two post-conviction relief mechanisms that may apply to your case.
Under ARS 13-907, eligible individuals can petition to have a DUI conviction set aside — meaning the court withdraws the judgment of guilt and dismisses the charges, though the record of the arrest and case remains. Under ARS 13-911, certain convictions may qualify for sealing, which restricts public access to the record entirely.
Not every DUI qualifies, and eligibility depends on the nature of the charge, the outcome, and time elapsed since sentencing. We evaluate post-conviction relief options at the beginning of every DUI case — because your long-term record is part of the picture from day one.
Learn more about record sealing eligibility and how the process works.
Why Clients Facing DUI Charges Choose ATR Law Group
- Free consultations — speak with our team before committing to any legal strategy
- Bilingual representation in English and Spanish
- Immigration consequences evaluated in every non-citizen DUI case
- Defense strategy built before any plea is considered
- AILA member, ABA member, Arizona State Bar member, BBB Accredited Business
- WhatsApp access and a client portal for ongoing case communication
- Serving Phoenix and all of Maricopa County
Frequently Asked Questions About DUI Defense in Arizona
What happens if you get a DUI in Arizona for the first time?
A first-offense standard DUI in Arizona carries a mandatory minimum of 24 hours in jail, fines and fees that typically exceed $1,500, a 90-day license suspension, and mandatory ignition interlock device installation. These are minimums — actual consequences can be higher depending on the circumstances of the arrest. An attorney can evaluate whether the charge can be challenged or reduced before any penalties are imposed.Can a DUI be dismissed in Arizona?
Yes, DUI charges can be dismissed in Arizona, though it depends on the specific facts of your case. Common grounds for dismissal include an unlawful traffic stop, breathalyzer calibration errors, improper field sobriety test administration, or chain of custody issues with blood evidence. An attorney should review the arrest record and evidence before you accept any plea or outcome.What is the difference between extreme DUI and aggravated DUI in Arizona?
Extreme DUI refers to a BAC of .15 or above and remains a misdemeanor charge with elevated mandatory minimums. Aggravated DUI is a separate classification triggered by specific circumstances — such as a prior suspended license, a child passenger under 15, or a third DUI within 84 months — and is charged as a Class 4 felony carrying mandatory prison time.Can a DUI affect my immigration status in Arizona?
It can. Certain DUI convictions — particularly those involving aggravating factors — may be classified as crimes of moral turpitude or aggravated felonies under federal immigration law. Either classification can trigger deportation proceedings or affect your ability to obtain or maintain lawful status. If you are not a U.S. citizen, your DUI defense strategy should account for immigration consequences from the start.What does a DUI lawyer cost in Phoenix, and is there a free consultation?
ATR Law Group offers free consultations for DUI cases. During that consultation, we review the charge, discuss your exposure, and explain your options — before any fee arrangement is discussed. Call (602) 702-0981 or submit our contact form to schedule. Can a DUI conviction be removed from my record in Arizona? Arizona law provides two options: set aside under ARS 13-907, which withdraws the judgment of guilt while the record of the case remains visible, and sealing under ARS 13-911, which restricts public access to the record entirely. Eligibility depends on the nature of the conviction and time elapsed since sentencing. We evaluate both options at the outset of every case.
