Tempe DUI Lawyer

Trusted DUI Attorney in Tempe

Getting a DUI (driving under the influence of alcohol or drugs) can have serious consequences, but not all DUI cases have to end in the worst possible scenario. When you exercise your right to hire a DUI lawyer, you significantly increase your chances of getting a more favorable outcome in your case. A Tempe DUI lawyer with experience in criminal defense DUI cases is an ideal resource for anyone facing a DUI charge.

Hire a DUI Lawyer in Tempe Who Gets Results

Since 2005, the founding attorney of Davidson Criminal Defense & DUI Law Firm has been applying the experience he learned from prosecuting 70 jury trials to the countless successful criminal defense cases he’s represented since. We primarily focus on DUI defense and criminal defense cases. This makes us one of the top DUI law firms in Tempe and all of Arizona. (Past results do not guarantee a similar outcome. Every case is different.)

Our Tempe DUI attorney personally handles all the cases we represent. We get to know our clients, so you can have trustworthy representation when you hire us.

DUI Laws in Arizona

Arizona Revised Statutes § 28-138 limits drivers aged 21 and up to a blood alcohol concentration (BAC) of lower than 0.08%. At 0.08% or higher, a driver is guilty of DUI. Drivers operating commercial vehicles must not drive with a BAC higher than 0.03%. For drivers under 21, there is no tolerance for operating a vehicle after drinking any amount of alcohol.

Arizona imposes steep consequences for any driver convicted of a DUI, especially after multiple offenses. The penalties for a first-, second-, and third-offense DUI are listed below:

• First-offense penalties include a minimum of 24 hours and up to a maximum of 10 days in jail, fines starting at $250, and a license suspension from 90 days up to one year.
• Second-offense penalties entail a minimum of 30 days up to a maximum of 90 days in jail, fines starting at $500, and a license suspension of one year.
• Third-offense penalties include a minimum of four months in jail, fines starting at $750, and a license suspension of one year.

All DUI offenses require a certified ignition interlock device to be installed on any vehicle the driver operates. In 2024, there were 538 DUI arrests made by law enforcement agencies, such as the Maricopa County Sheriff’s Office (447 DUI arrests) and the Maricopa Police Department (91 DUI arrests). Arizona is tough on DUI offenders. For this reason, it is important to have a Tempe DUI attorney who understands how to use the complicated Arizona DUI laws to your advantage.

Extreme DUI

In Arizona, anyone who is found to be operating a vehicle with a BAC of 0.15% or more will be arrested and charged with an extreme DUI. The penalty for this offense is no less than 30 days of jail time. This sentence is not eligible for alternative sentencing, such as probation. If a driver’s BAC is 0.20% or more, the mandatory jail time is 45 days.

Penalties for DUI in Arizona

Arizona has some of the most stringent DUI penalties in the country, with every single DUI offense carrying mandatory jail time. Of course, penalties are more severe for multiple DUI offenses and for DUI offenses involving extreme amounts of alcohol in a driver’s system. The outlined penalties for DUI offenses in Arizona are listed here.

First Offense

If you are convicted of driving while under the influence of alcohol, your very first offense carries a mandatory jail sentence of at least 24 hours. The actual statutory minimum is 10 days, but in many cases, judges can choose to suspend nine days of the sentence if the offender completes alcohol education courses and blood and alcohol screening, as required by the court. 

The law also requires that first-time DUI convicts pay a fine of at least $250, as well as a $500 contribution to the state prison fund and a $500 contribution to the public safety equipment fund. A judge may also impose community service if they see fit. 

Second Offense

A second DUI carries significantly increased penalties in Arizona. The lookback period to determine whether a DUI offense is a second or subsequent offense is 84 months. That means if you were convicted of a DUI today and your only previous conviction was 83 months ago, today’s DUI would be considered a second offense.

If you are convicted of a second DUI, the minimum statutory jail sentence is 90 days. However, a judge may decide to suspend or reduce the sentence to the mandatory actual minimum served sentence of 30 days. The fines for a second offense also double, with a punitive fine of at least $500 and fines of $1,250 for the state prison fund and the public safety equipment fund. 

In addition to fines and jail time, a second DUI conviction comes with mandatory community restitution of at least 30 hours and a required traffic school course. Offenders also lose the privilege of driving for one year, but licenses can sometimes be reinstated early if offenders install ignition interlock systems in their vehicles. 

An ignition interlock system is essentially an in-car breathalyzer. It is a device that disables your car’s ignition until you pass an alcohol breath test. If your result is negative, you can start your car. If alcohol is detected on your breath, the device prevents you from starting the car, thus preventing intoxicated driving in that vehicle. 

Third Offense

A third DUI in 84 months in the state of Arizona is a felony, and felonies are generally punished much more severely than misdemeanors. Felonies can be punished by more than one year in prison, but the mandatory minimum sentence for a third DUI is four months. 

In addition to prison time, a third DUI conviction results in revocation of driving privileges for at least one year, a fine of at least $750, an additional assessment of $250, and fines of $1,500 each to the prison fund and the public safety equipment fund.

Offenders may also be required to install ignition interlock devices on their vehicles for up to two years following reinstatement of their driver’s licenses. Courts may also impose community service, probation, mandatory traffic school, and alcohol counseling programs. 

Local Courts

A well-established Tempe DUI attorney has a good rapport and familiarity with the local courts. The positive reputation of your attorney can be beneficial to your case. If the Tempe Police Department arrested you for a DUI and you were charged with a misdemeanor, your DUI case will likely be handled at the Tempe Municipal Court, located at 140 E 5th Street.

Felony DUI charges and arrests made by other Tempe law enforcement agencies are mostly handled by the Maricopa County Superior Court, specifically, by the Tempe City Court, located at the Southeast Regional Center in Mesa at 222 East Javelina Avenue.

FAQs

How Much Does a DUI Lawyer Cost in AZ?

The cost of a DUI lawyer in Arizona can be affected by several factors, such as the complexity of your case. A more involved case with previous offenses can require more work for the attorney. Another factor that can influence the cost of a DUI lawyer is the rate structure and the fee the lawyer charges. For an accurate estimate for your DUI case, request a quote from a reputable DUI lawyer in your area.

Can a DUI Be Dismissed in AZ?

Yes, a DUI can be dismissed in Arizona under certain circumstances. It would take a good DUI lawyer to prove a lack of probable cause, a failure to follow proper policy by law enforcement, or a faulty sobriety test, all of which are grounds for a DUI dismissal. If the defendant’s constitutional rights were violated, this would also warrant a dismissal of charges.

Is Jail Time Mandatory for the First DUI in Arizona?

Yes, Arizona DUI laws require mandatory jail time for all DUI convictions. A first-offense DUI conviction requires a minimum of 24 hours and up to 10 days in jail. In many cases, a first-offense DUI may result in a shortened jail sentence with the completion of an alcohol and drug screening, along with mandatory class requirements. An experienced DUI lawyer can also negotiate with prosecutors for community service instead of the full jail sentence.

Can a Lawyer Get You Out of a DUI in Arizona?

Whether a lawyer can get you out of a DUI in Arizona depends on the details of the case and the abilities of the lawyer. Any case can go either way, and you can’t know the outcome until the judge makes their ruling. If your DUI case has a chance of being dismissed, a qualified DUI lawyer can recognize weak areas of the prosecution’s case and challenge these areas to improve the odds of a case dismissal. It is more likely that your lawyer may be able to get your charges or penalties minimized.

Connect With a Qualified Tempe DUI Lawyer

If you have a DUI charge, you want a qualified and experienced Tempe DUI attorney to represent you. Davidson Criminal Defense & DUI Law Firm fits these qualifications and more. We can aggressively defend your rights using our attorney’s former experience as a prosecutor and extensive knowledge of Arizona DUI laws. Contact our office to schedule an appointment, meet with an attorney, and discuss your case.