FAQs

 


 

 

 

DUI Attorney FAQ – Phoenix & Arizona

If you or someone you care about was just arrested for DUI in Arizona, you probably have a lot of questions and not much time. These answers are here to help you understand what comes next — clearly and without legal jargon. Every situation is different, and a free consultation with Gordon Thompson is always the best way to get answers specific to your case.

What to Do After a DUI Arrest in Arizona

The single most important step is to contact a DUI attorney within 24–48 hours of your arrest. In Arizona, you have only 30 days from the date of arrest to request a Motor Vehicle Division (MVD) hearing to contest your driver’s license suspension. Missing that deadline means your license is automatically suspended — there are no extensions. Gordon Thompson files this hearing request on the same day a client retains him.

After a DUI arrest in Arizona, the Motor Vehicle Division (MVD) automatically begins a process to suspend your driver’s license. You have exactly 30 days from the date of arrest to formally request an MVD hearing to challenge the suspension. If no request is made within 30 days, the suspension goes into effect automatically — no exceptions, no second chances. This deadline is separate from your criminal DUI case and requires immediate action.

The MVD hearing is an administrative proceeding entirely separate from your criminal DUI case. Its sole purpose is to determine whether your driver’s license should be suspended. You or your attorney can challenge the legality of the traffic stop, the validity of the breath or blood test, and whether proper procedures were followed during your arrest. If the hearing goes in your favor, you may keep your license. Even if you don’t win the hearing, your criminal case continues independently — it’s two separate battles, and an attorney fights both for you.

Yes. You have a right to review all evidence gathered in your case. Gordon Thompson provides clients with secure online access to dashcam and body camera videos as soon as they become available, along with police reports, test results, and all other case materials. Understanding the evidence is essential — it’s the foundation of your defense strategy and your ability to make informed decisions about your case.

In many Arizona misdemeanor DUI cases, your attorney can appear on your behalf for routine hearings, reducing the number of times you personally need to come to court. However, certain proceedings — such as an arraignment or a trial — may require your presence. Gordon Thompson works to minimize unnecessary court appearances for every client, which helps protect jobs and daily routines during what is already a stressful time.

Types of DUI Charges in Arizona

Under Arizona law (A.R.S. § 28-1381), it is illegal to drive with a blood alcohol concentration (BAC) of .08% or higher. However, Arizona also makes it unlawful to drive while impaired to the slightest degree, even if your BAC is below .08%. This means you can be charged with DUI even with a BAC of .04% if an officer determines that your driving was impaired. Arizona is one of the most aggressively enforced DUI states in the country.

An Extreme DUI in Arizona (A.R.S. § 28-1382) applies when a driver’s BAC is .15% or higher. It carries significantly harsher mandatory minimum penalties than a standard DUI, including mandatory jail time that cannot be suspended or converted to home detention on a first offense. Fines, fees, and ignition interlock requirements are also more severe.

A Super Extreme DUI applies when a driver’s BAC is .20% or higher, also under A.R.S. § 28-1382. It carries the most severe mandatory minimum penalties of the three standard DUI tiers — a minimum of 45 consecutive days in jail on a first offense, greater fines, longer ignition interlock requirements, and an extended license suspension.

Aggravated DUI (A.R.S. § 28-1383) is a felony charge that applies when someone is arrested for DUI while their license is already suspended or revoked, when a passenger under 15 is in the vehicle, or when a prior felony DUI conviction exists. It is a Class 4 or Class 6 felony in Arizona and carries mandatory prison time — not just jail — along with long-term consequences for employment, voting rights, and more.

Arizona law prohibits driving while impaired by any drug — including prescription medications and marijuana. Under A.R.S. § 28-1381(A)(3), you can be charged with DUI if any drug or its metabolite is detected in your system while you were driving, even if the substance was used days earlier and you were no longer impaired at the time of the stop. Drug DUI cases often require expert toxicology testimony and a careful challenge to how blood was collected and tested.

Yes. While recreational marijuana is legal in Arizona, it remains illegal to drive while impaired by marijuana. Arizona law also allows DUI charges if marijuana metabolites are found in your blood — regardless of whether you hold a medical marijuana card. THC metabolites can remain detectable in the bloodstream for days or even weeks after use, making marijuana DUI cases particularly complex and requiring skilled legal defense.

A second DUI within 84 months (seven years) of a prior DUI in Arizona triggers significantly increased mandatory penalties: at least 90 days in jail (60 of which may be suspended upon completion of an alcohol treatment program), fines and fees exceeding $3,000, a one-year license revocation, and mandatory alcohol counseling. Prosecutors pursue repeat DUI offenses aggressively, which makes experienced representation especially important.

Arizona’s implied consent laws mean that by driving on Arizona roads, you have legally agreed to submit to a chemical test if lawfully arrested for DUI. Refusing a breath or blood test triggers an automatic one-year license suspension — which is actually longer than the suspension for a first-offense DUI conviction. However, a refusal cannot be used as direct proof of guilt in the criminal case, and an attorney may still be able to challenge the refusal-based suspension.

Penalties & Consequences of a DUI in Arizona

A first-offense standard DUI (BAC .08–.14) in Arizona carries a mandatory minimum of 10 consecutive days in jail — 9 of which may be suspended if you complete alcohol screening — fines and fees exceeding $1,500, mandatory alcohol screening and education classes, a 90-day license suspension, and installation of an ignition interlock device. Penalties increase considerably for Extreme and Super Extreme DUI charges.

For a first offense: a standard DUI (BAC .08–.14) carries a minimum of 10 jail days (9 suspended), fines over $1,500, and a 90-day license suspension. An Extreme DUI (BAC .15–.19) requires a minimum of 30 consecutive days in jail with no suspension possible, fines exceeding $2,500, and longer ignition interlock requirements. A Super Extreme DUI (BAC .20+) mandates a minimum of 45 consecutive days in jail, the highest fines, and the longest license and interlock penalties. None of the jail minimums for Extreme or Super Extreme can be suspended on a first offense.

Arizona law requires mandatory minimum jail time even for a first-offense DUI. How much time depends on your BAC, the specific charge, your prior record, and the outcome of your case. An experienced DUI attorney can work to minimize incarceration, explore alternatives, and in some cases secure a dismissal or charge reduction that avoids mandatory jail entirely. The outcome always depends on the specific facts of your situation.

An ignition interlock device (IID) is a breath-testing unit installed in your vehicle that requires you to pass a breath test before the engine will start. Arizona law mandates IID installation after most DUI convictions. The required duration ranges from 12 months for a standard DUI to several years for Extreme or repeat offenses. All costs for installation, monthly calibration, and monitoring are paid by the driver.

A DUI conviction can have serious employment consequences — particularly if your job requires driving, a commercial driver’s license (CDL), or a professional license such as a nursing, teaching, real estate, or financial license. Standard background checks will reveal a DUI conviction. It is important to discuss your work situation with your attorney early in the case so that potential impacts can be identified and addressed as part of your overall defense strategy.

Yes. A DUI conviction — particularly one involving a child passenger in the vehicle — can be weighed by a family court when evaluating parenting time and legal decision-making. Even a pending DUI charge may be raised during an active custody dispute. An experienced DUI attorney can help you navigate your case in a way that gives the least possible ammunition to the other side in any family court proceedings.

Yes. A DUI conviction will appear on criminal background checks in Arizona. Arizona’s limited expungement process — called “setting aside” a conviction — does not erase the record, but adds a notation that the sentence was completed and the conviction was set aside. Whether a set-aside is available, and how much it helps on a background check, depends on the specific circumstances of the conviction. Your attorney can advise you on post-conviction options.

DUI Defenses & Case Strategy

Yes. DUI charges in Arizona can be dismissed when the evidence does not support the charge or when constitutional violations occurred during your stop or arrest. Common grounds include an unlawful traffic stop, improper administration of field sobriety tests, problems with breathalyzer calibration or maintenance, errors in blood sample collection or lab processing, or Fourth Amendment violations. The specific facts of your case determine which defenses are available — and that’s exactly what a free consultation is for.

Common DUI defenses in Arizona include: challenging the lawfulness of the initial traffic stop; questioning the accuracy and maintenance records of the breathalyzer; identifying procedural errors in how field sobriety tests were administered; raising Fourth Amendment suppression issues; challenging the chain of custody for blood samples; disputing whether the officer had actual probable cause to arrest. No two cases are identical, and a qualified DUI attorney evaluates every angle specific to your situation.

The strength of a defense depends on the facts — how the stop was initiated, how sobriety tests were conducted, whether the breath or blood test was properly performed, and whether your rights were respected throughout the process. The only way to know is to have an experienced DUI attorney review the actual evidence in your case. Gordon Thompson offers free consultations precisely for this purpose, and you are under no obligation to hire him afterward.

A plea agreement is an offer from the prosecutor to resolve the case without a trial — typically in exchange for a guilty plea to a lesser charge or reduced penalties. Whether to accept a plea is always the client’s decision, not the attorney’s. Gordon Thompson will make sure you fully understand what you are being offered, what you would be giving up, and what the realistic alternatives are — so the decision is genuinely yours to make.

Pleading guilty without legal representation can result in worse penalties and consequences which a trained attorney will be able to help you avoid. A DUI attorney can identify defenses you don’t know exist, negotiate with prosecutors for a reduced charge, challenge the validity of the stop or test results, and significantly minimize the collateral consequences of a conviction — including effects on your job, license, insurance, family, and record. With stakes this serious, legal representation is almost always worth the investment.

Most misdemeanor DUI cases in Arizona are resolved within three to nine months, though timelines vary by court, caseload, and case complexity. Cases involving blood test results (which can take weeks to process), contested hearings, or a potential trial may take longer. Your attorney should keep you informed at every stage so you are never left guessing about where things stand.

Driver’s License After a DUI in Arizona

Not necessarily — but you need to act fast. An automatic suspension process is triggered by a DUI arrest, but you have 30 days from the arrest date to request an MVD hearing to contest it. If that hearing is won, your license may not be suspended at all. If you are ultimately convicted, the length of suspension depends on the severity of the DUI and your prior record. An attorney working your case from day one gives you the best chance of keeping your driving privileges.

Whether you can drive during a pending DUI case depends on whether a license suspension is already in effect and under what terms. If your attorney files a timely MVD hearing request, a temporary delay of any suspension may be available while the hearing is pending. The specifics depend on the facts of your arrest. Your attorney can clarify your driving status immediately after reviewing your paperwork.

Driving on a suspended license in Arizona is a separate criminal offense that can result in additional fines, further suspension periods, and potentially a felony Aggravated DUI charge if you are pulled over for driving again under the influence while suspended. It is critically important to understand your license status and comply with it while your case is ongoing.

Hiring a DUI Attorney in Arizona

Gordon Thompson charges an all-inclusive flat fee of $2,800–$3,300 for most misdemeanor DUI cases in Arizona. This single price covers everything from the initial MVD hearing request through pretrial motions, negotiations, and trial if necessary — no hidden fees, no separate trial fee, no billing surprises. Affordable payment plans are available to help make quality legal representation accessible.

A flat fee means you pay one agreed price for your entire case — not by the hour. Gordon Thompson’s flat fee of $2,800–$3,300 is all-inclusive through trial. This structure means your attorney’s financial interests are aligned with efficiently working your case, not with running up hours. From the moment you hire him, you know exactly what your legal representation costs.

Yes. Gordon Thompson offers free consultations by phone, text, email, or secure video conference — at your convenience, on your schedule. There is no obligation to hire him after the consultation. You can reach him by calling or texting (602) 467-3680 or by visiting gordonthompsonattorney.net to schedule a video appointment.

When evaluating a DUI attorney in Arizona, ask: How many DUI cases have you handled? Do you practice DUI defense exclusively or alongside other areas of law? Will I work directly with you, or will my case be handled by associates or paralegals? What is the total cost, and does it include trial? Have you appeared in the specific court where my case will be heard? What results have you obtained in cases similar to mine? These questions help you understand whether the attorney genuinely has the focused experience your case demands.

Attorneys who practice exclusively DUI and criminal defense develop a depth of knowledge, courtroom experience, and established relationships with prosecutors and courts that general practice attorneys simply cannot replicate. Gordon Thompson has spent 47 years practicing only DUI and criminal defense in Arizona. He knows the statutes, the local courts throughout Maricopa County and beyond, the science of breath and blood testing, and the strategies that produce real results for real people.

About Gordon Thompson

Gordon Thompson earned his law degree from Syracuse University College of Law and has been a licensed Arizona attorney since 1982 — 47 years of legal practice in total. He was first admitted to the State Bar of New York in 1979 and has been a member of the State Bar of Arizona for over four decades. In that time, he has represented more than 6,000 clients in DUI and criminal defense matters across Arizona.

When you hire Gordon Thompson, you work directly and personally with Gordon Thompson — not a paralegal, not a junior associate, not a case manager. He personally handles every aspect of every case, from the initial MVD hearing request through pretrial motions, plea negotiations, and trial. Clients have his direct contact information and he responds on their schedule. That level of personal attention is rare, and it matters when your future is on the line.

Gordon Thompson appears regularly in Municipal and Justice Courts throughout Maricopa County — including Phoenix, Scottsdale, Tempe, Mesa, Chandler, Gilbert, Glendale, Peoria, Surprise, Goodyear, Avondale, and Buckeye — as well as Pinal County courts in Apache Junction, Maricopa, and Casa Grande, and select courts in Northern Arizona. His familiarity with the specific courts, prosecutors, and judges where your case will be heard is a genuine advantage.

Gordon Thompson serves clients across all of Arizona, with a primary focus on Maricopa County cities including Phoenix, Scottsdale, Tempe, Mesa, Chandler, Gilbert, Glendale, Peoria, Surprise, Goodyear, Avondale, El Mirage, Fountain Hills, Paradise Valley, Buckeye, Litchfield Park, and Tolleson. He also serves Pinal County communities including Apache Junction, Maricopa, and Casa Grande, as well as select areas in Northern Arizona.

You can reach Gordon Thompson by calling or texting (602) 467-3680, by email through his website, or by scheduling a secure video conference online at gordonthompsonattorney.net. Consultations are free, confidential, and available at your convenience — by phone, text, email, or video, whatever works best for you.

 

Gordon Thompson – DUI & Criminal Attorney  ·
(602) 467-3680  ·
gordonthompsonattorney.net

Phoenix, Arizona  ·  Licensed Arizona Attorney Since 1982  ·  State Bar of Arizona Member

This page is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by reading this FAQ. Laws may change; consult an attorney for advice specific to your situation. © Gordon Thompson, Attorney at Law.