Pursuant to current Arizona DUI laws (A.R.S. § 28-1381), it is a misdemeanor DUI for a person to drive or be in actual physical control of a vehicle under any of the following circumstances:
In addition to the penalties for DUI that a person may suffer through the criminal court process, in Arizona, there is also a mandatory license suspension for DUI.
Oftentimes, when a person is cited for misdemeanor DUI in Arizona, the arresting officer will confiscate their driver’s license and provide them with Admin Per Se paperwork. This paperwork acts as your driver license for the 15 days after being cited for misdemeanor DUI. After that the 15-day grace period, your Arizona driving privilege will be suspended for:
Known as Arizona’s Implied Consent Law, MVD can suspend a person’s license even if you haven’t been convicted of DUI. However, while rarely explained by law enforcement, you can request a hearing to contest the legality of the license suspension for DUI. By following the instructions on the back of the affidavit, reviewing the procedures online or by contacting a Phoenix DUI lawyer your license can be saved.
REMEMBER: You, or an attorney on your behalf, MUST request the hearing within 15 days of being arrested in order to stop the automatic license suspension for DUI.
The penalties for misdemeanor DUI in Arizona are severe. Even without a prior criminal history, a misdemeanor DUI will result in mandatory jail time, fines and classes. Furthermore, the conviction will be reported to Arizona MVD who will take action against your driver license.
If you are convicted of a first offense DUI in Arizona, you can expect:
If you are convicted of a second offense DUI in Arizona within 7 years, you can expect:
If you have two or more prior misdemeanor DUI convictions, the next one will be charged as Aggravated or Felony DUI, a class 4 felony in our state.
Every case is different, and while we cannot recite every possible circumstance that will affect the penalty of a misdemeanor DUI, there are certain circumstances that will increase either the level of the offense and/or the penalties associated with it, even for a first-time offender. Here are some examples factors that can aggravate what would normally be expected:
With penalties for misdemeanor DUI as strict as they are in Arizona, it is the utmost importance to evaluate each case for possible defenses to DUI. Consulting with an experienced Phoenix criminal defense lawyer should give you a better understanding of the defenses that should be used in your specific case. That said, common DUI defenses include:
This list of defense to DUI is not meant to be exhaustive and the defense that fits any one case should be tailored specifically. At Feldman & Royle, we are Phoenix DUI lawyers dedicated to finding the best defenses to our client’s cases.
Even a first-time misdemeanor DUI charge without aggravating factors can have life-changing consequences. Beyond the possibility of jail time, heavy fines, or an ignition interlock device, the suspension of your license alone can disrupt your career, your ability to provide for your family, and even simple daily activities like dining out or meeting friends. Insurance rate hikes and a permanent mark on your record only add to the weight of a conviction. This is why working with an experienced Phoenix misdemeanor DUI attorney is critical. At Feldman & Royle, our team of skilled Phoenix criminal defense lawyers knows that not every DUI arrest results in a conviction-some cases are dismissed, reduced to reckless driving, or won outright at trial. Protecting your future starts with strong legal representation, and we are here to give you the best chance at avoiding these harsh penalties. Contact Feldman & Royle today for a free consultation.
At Feldman & Royle, we combine decades of experience, strategic insight, and personalized attention to protect your rights and help you navigate the legal process with confidence.
Understanding how the state approaches DUI cases gives us a significant advantage. Our attorneys have spent years in prosecution and know the tactics and strategies the state uses. This insider perspective allows us to anticipate potential challenges, identify weaknesses in the evidence, and craft a defense strategy designed to protect your freedom and reputation.
From the moment you hire us, we explore every possible option to achieve the best outcome. This can include negotiating reduced charges, alternative sentencing, or even dismissal of the case where appropriate. At the same time, we prepare a robust defense for trial. Our dual approach ensures that you are never caught off guard and always have a strong advocate in your corner.
Misdemeanor DUI cases often involve complex details—breathalyzer tests, field sobriety tests, police reports, and sometimes dashcam footage. We meticulously examine all available evidence to ensure that nothing is overlooked. By identifying inconsistencies or errors in the prosecution’s case, we increase the likelihood of favorable outcomes for our clients.
Every DUI case is unique, and so is every client. At Feldman & Royle, we treat each case with the discretion, respect, and attention it deserves. We take the time to understand your circumstances, your concerns, and your goals. This allows us to create a defense strategy tailored specifically to you, rather than relying on generic solutions.
Even a misdemeanor DUI can have long-term consequences. Our mission is not just to handle your case but to safeguard your future. From license reinstatement support to minimizing legal and financial penalties, we guide you every step of the way. With Feldman & Royle, you’re not just hiring attorneys—you’re gaining strategic partners dedicated to protecting your rights and helping you move forward.
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