
Being arrested for driving under the influence (DUI) for the first time can be scary. In a moment, you are thrust into investigations and court proceedings where you may not know what to do or what your rights are. If you are in this situation, working with a Scottsdale first offense DUI lawyer can help you navigate this process while also defending against your charges.
With over 20 years of experience, Attorney Joshua S. Davidson has represented clients in over 100 jury trials. Whether you have just been arrested and need someone to help defend your rights, or are preparing for a hearing at the Scottsdale City Court at 3700 N. 75th St, Joshua Davidson can help.
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Call (602) 493-3600Scottsdale police officers, prosecutors, and courts take DUIs seriously due to the significant impact drunk and impaired driving can have. About 30% of all traffic fatalities in the United States involve a driver with a blood alcohol concentration (BAC) over 0.08%.
In 2025, the Maricopa County Sheriff’s Office made 426 DUI arrests, while the Scottsdale Police Department made an additional 1,199 arrests. Many of these arrests ultimately resulted in criminal convictions. Most first DUIs are classified as Class 1 misdemeanors.
As a Class 1 misdemeanor, a first-time DUI generally results in penalties such as:
A first-time DUI also leaves you with a permanent criminal record. Having this record may make it difficult to find or keep a job, find housing, pursue higher education, or own firearms. Avoiding these long-term impacts is a large reason why it is important to hire a first-offense DUI lawyer to help defend against your charges.
The exact penalties for a first-time DUI can vary depending on many factors. The court can take into account both aggravating and mitigating factors when determining a sentence. Mitigating factors include factors that decrease the severity of the offense, such as attending drug or alcohol screening or a treatment program, which may even decrease the minimum sentence.
Aggravating factors are factors that increase the seriousness of the offense. These factors may increase the first offense DUI penalties, but they can also result in elevated charges, such as an extreme DUI or Aggravated DUI. Some examples of aggravating factors include:
If you are arrested for DUI after already having a DUI conviction, this is also an aggravating factor.
Being arrested for DUI can be a scary experience, especially if it is your first encounter with the criminal justice system. It is normal to feel stressed, overwhelmed, or confused during this process. Working with a Scottsdale first offense DUI lawyer can help you navigate this experience. They can walk you through each step of your case and explain what you must do to protect your rights and build a strong defense.
Your lawyer can also help you create a defense strategy unique to your case. Even when it may seem as though there is no possibility of a positive outcome, it is worth speaking with a lawyer. They are often able to identify effective defense strategies due to their experience and knowledge of DUI laws. They may examine your case for issues involving:
If you get charged with a first-time DUI in Arizona, several things can happen simultaneously. Your criminal case can proceed with an investigation and your initial hearing, known as the arraignment. Meanwhile, you can also face administrative penalties through the Arizona DMV, such as license suspension. You must request a hearing to challenge this license suspension, as these penalties are handled separately from your criminal case.
There is no specific percentage of DUI cases that get dismissed, as each case involves unique circumstances and facts that affect dismissal. For a case to be dismissed, there must be a significant weakness in the prosecution’s case, such as insufficient evidence or factual errors. If you hire a first-offense DUI lawyer, they can identify whether there is a reason why your case may be dismissed, and can negotiate with prosecutors to increase the chances of dismissal.
The exact jail sentence for a DUI in Arizona depends on the circumstances of your case. Most first-time DUIs result in at least ten days in jail. Your sentence may be longer if your case involved aggravating factors such as a high BAC or if you caused an accident. If you are convicted of an extreme DUI, then the first violation is punishable by at least 30 days in jail.
No, you cannot refuse a chemical test after a DUI arrest. Under Arizona law, drivers in the state are considered to have given their consent to chemical testing if they are arrested on suspicion of a DUI. This includes blood, breath, or urine tests used to determine the type and quantity of alcohol or drugs in your system. Refusing a chemical test can lead to penalties such as automatic license suspension.
It is essential that you take first DUI charges seriously in Scottsdale. Under Arizona’s DUI laws, even a first offense can have harsh consequences. Contact Davidson Criminal Defense & DUI Law Firm to speak with a lawyer about your next steps for defending your rights.
Arrested? Contact us today at (602) 493-3600.
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