Arizona DUI FAQs

Contact a DUI attorney within 24–48 hours and protect your driver’s license. In Arizona, you have only 30 days from your suspension notice to request an MVD hearing. If you miss that deadline, the suspension takes effect automatically and there are no extensions.

When a client hires me, I file the hearing request the same day. Until you’ve talked with an attorney, don’t take any steps on your own. Some actions that seem helpful can actually hurt your case.

You have 30 days from the suspension notice to request an MVD hearing. When that clock starts depends on how the suspension was processed:

If the officer files the suspension affidavit immediately and you receive the suspension notice at the time of arrest, the 30 days run from that notice. If ADOT/MVD subsequently issues a corrective action notice, the 30 days run from that corrective action notice.

In either case, if no hearing is requested within 30 days, the suspension takes effect automatically. This deadline is separate from your criminal DUI case and requires immediate action.

Not immediately, and not necessarily. The suspension takes effect 30 days after the suspension notice, but only if you don’t request an MVD hearing within that window. If the hearing goes in your favor, your license may not be suspended at all.

If you’re ultimately convicted, the length of any suspension depends on the charge and your prior record. An attorney working your case from day one gives you the best chance of keeping your driving privileges.

The MVD hearing is an administrative proceeding, separate from your criminal case, that decides only whether your driver’s license will be suspended.

Winning the hearing may mean you keep your license. Losing it doesn’t decide your criminal case: the two proceed independently, and my flat fee covers both.

If your vehicle was impounded on a DUI hold, the standard hold period is 20 days. Early release is possible in certain circumstances, and when there’s a legal basis for it, I help clients try to get their vehicle back sooner.

Yes. In many cases I can ensure an Arizona-licensed driver keeps full driving privileges without restrictions. For drivers licensed in another state it’s more complicated, but depending on the circumstances it’s often still possible. The first step is always requesting the MVD hearing within 30 days of the suspension notice.

A formal hardship license is available in limited situations, but in many Arizona DUI cases it’s no longer necessary. Many drivers qualify for a restricted license that lets them drive anywhere and at any time. The only condition is that the vehicle has an ignition interlock device.

It depends on whether a license suspension is already in effect and under what terms. If an MVD hearing is requested in time, any suspension may be delayed while the hearing is pending. The specifics depend on the facts of your arrest, and I can clarify your driving status as soon as I review your paperwork.

Driving on a suspended license is a separate criminal offense in Arizona. It can bring additional fines and longer suspension, and if you’re stopped for DUI while suspended, the charge becomes a felony Aggravated DUI. Know your license status and comply with it while your case is ongoing.

Under A.R.S. § 28-1381, it’s illegal to drive with a blood alcohol concentration (BAC) of .08% or higher. Arizona also makes it illegal to drive while impaired to the slightest degree, so you can be charged with DUI even with a BAC below .08% if an officer believes your driving was impaired.

An Extreme DUI under A.R.S. § 28-1382 applies when your BAC is .15% to .199%. For a first offense, the mandatory minimum is 30 days in jail, but 21 of those days are suspended if you maintain an ignition interlock device for 12 months, so you would serve 9 days. Fines, assessments, and interlock requirements are higher than for a standard DUI.

A Super Extreme DUI, also under A.R.S. § 28-1382, applies when your BAC is .20% or higher. For a first offense, the mandatory minimum is 45 days in jail, but 31 of those days are suspended if you maintain an ignition interlock device for 12 months, so you would serve 14 days. It carries the highest fines and assessments of the misdemeanor DUI charges.

Aggravated DUI under A.R.S. § 28-1383 is a Class 4 or Class 6 felony. A DUI becomes aggravated when:

• your license was already suspended or revoked at the time,
• you have two prior DUI convictions within 84 months,
• a passenger under 15 was in the vehicle,
• you were driving the wrong way, or
• you have a prior felony DUI conviction.

Aggravated DUI carries mandatory prison time, not just jail, along with long-term consequences for employment, voting rights, and more.

Arizona prohibits driving while impaired to the slightest degree by any drug, including prescription medication. Separately, A.R.S. § 28-1381(A)(3) prohibits driving with certain drugs or their metabolites in your system, even if you weren’t impaired.

For marijuana, only an active metabolite can support a conviction (see the next question). Drug DUI cases often turn on expert toxicology and on how the blood was collected and tested.

Yes. Marijuana is legal in Arizona, and a medical card doesn’t make it legal to drive impaired. But whether a marijuana DUI holds up depends on which compound is in your blood. 11-Hydroxy-THC, an active metabolite, can support a conviction. The inactive metabolite, 11-Nor-9-carboxy-THC, cannot.

Because the inactive metabolite can stay in the blood for days or weeks after use, a positive blood test alone doesn’t prove a DUI. The lab report has to be read carefully.

Under Arizona’s implied consent law, driving on Arizona roads means you’ve agreed to a chemical test if you’re lawfully arrested for DUI. Refusing triggers an automatic one-year license suspension, which is longer than the suspension for a first-offense DUI conviction. A refusal isn’t direct proof of guilt in the criminal case, and the refusal-based suspension can still be challenged.

Usually only briefly for a first offense. Arizona requires mandatory minimum jail for any DUI conviction, but much of it can be suspended. For a standard first offense, the law requires 10 consecutive days and suspends 9 of them once you complete substance abuse screening and counseling. The minimum actually served is typically 1 day (as little as 5 hours), depending on the court.

Depending on the court and circumstances, serving jail can sometimes be avoided even when the law technically requires it, and a dismissal or reduced charge can avoid mandatory jail altogether.

For a first offense, the jail time actually served is 1 day for a standard DUI, 9 days for an Extreme DUI, and 14 days for a Super Extreme DUI.

A first standard DUI carries 10 days in jail (9 suspended), a $250 fine plus surcharges, $1,000 in state assessments, a 90-day license suspension, and 12 months of ignition interlock.

A first Extreme DUI carries 30 days in jail (21 suspended with 12 months of ignition interlock, so 9 served), a $250 fine plus surcharges, $2,250 in state assessments, a 90-day license suspension, and 12 months of ignition interlock.

A first Super Extreme DUI carries 45 days in jail (31 suspended with 12 months of ignition interlock, so 14 served), a $500 fine plus surcharges, $2,250 in state assessments, a 90-day license suspension, and 18 months of ignition interlock.

A second DUI within 84 months (7 years) carries 90 days in jail (60 suspended upon completing screening and counseling, so 30 served), a $500 fine plus surcharges, $2,500 in state assessments, 30 hours of community restitution, a 12-month license revocation, and 12 months of ignition interlock. A third DUI within 84 months is a felony Aggravated DUI.

A misdemeanor DUI in Arizona can carry up to 6 months in jail, a fine of up to $2,500 plus surcharges, up to 5 years of probation, and license suspension or revocation.

An ignition interlock device (IID) is a breath tester installed in your vehicle; the engine won’t start until you pass a breath test. Arizona requires one after most DUI convictions: 12 months for a standard first offense, a first Extreme DUI, or a second offense, and 18 months for a first Super Extreme DUI. The driver pays for installation, monthly calibration, and monitoring.

Usually not for most of the case. For most courts and most appearances before trial or the disposition hearing, I can appear on your behalf, so you typically don’t have to take time off work. Requirements vary by court, so it’s worth confirming for your specific courthouse.

Arraignment is the hearing where you enter a plea of guilty or not guilty. If you plead not guilty, the case moves to one or more pretrial conferences before being set for trial. In most cases my clients don’t need to appear at the arraignment or the first pretrial conference; I handle them on their behalf.

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

Yes. DUI charges can be dismissed when the evidence doesn’t support the charge or when your rights were violated during the stop or arrest. Common grounds include an unlawful traffic stop, improperly administered field sobriety tests, breathalyzer calibration or maintenance problems, errors in blood collection or lab processing, and Fourth Amendment violations. The facts of your case determine which defenses apply, and that’s exactly what a free consultation is for.

Common defenses include:

• challenging whether the initial traffic stop was lawful,
• questioning the accuracy and maintenance records of the breath-testing device,
• finding errors in how field sobriety tests were administered,
• raising Fourth Amendment suppression issues,
• challenging the chain of custody for blood samples, and
• disputing whether the officer had probable cause to arrest.

No two cases are identical, and I evaluate every angle specific to yours.

It depends on the facts: how the stop began, how the sobriety tests were conducted, whether the breath or blood test was properly performed, and whether your rights were respected throughout. The only way to know is to have an experienced DUI attorney review the actual evidence. I offer free consultations for exactly this purpose, with no obligation to hire me afterward.

A plea offer is the prosecutor’s proposal to resolve your case without a trial, usually a guilty plea to a lesser charge or in exchange for reduced penalties. The State isn’t legally required to make one, but in practice it typically does.

I put every plea offer in writing and send it to you, and I explain what you’d gain, what you’d give up, and the realistic alternatives. The decision is always yours. Keep in mind that once a case is set for trial, some prosecutors withdraw the offer entirely.

I am a busy attorney representing clients and I do not keep statistics like that. It can be done depending on the specific facts, and my first goal in every case is to use my 47 years of experience to try and get the best result possible: a dismissal, a reduced charge, or a not guilty verdict at trial.

There’s no universal answer; it depends on the facts of your case and the specifics of any offer.

A plea may make sense if the prosecution offers a reduced charge such as Reckless Driving, which carries significantly lower consequences than a DUI conviction.

A plea may offer little benefit if the offer is to plead to the most serious charge, such as Extreme DUI at .15%, because the mandatory minimum jail time often doesn’t increase meaningfully after a trial conviction. In those situations, there may be little to lose by going to trial.

This decision deserves a thorough discussion with your attorney based on your circumstances.

No. Arizona doesn’t offer diversion for DUI cases. Some states, including Illinois and Washington, do have diversion options, but if you’ve been charged with a DUI in Arizona, you can’t avoid prosecution through diversion.

Possibly, but it’s critical that you do nothing without first consulting your attorney. Some actions that seem helpful can actually harm your case. Talk with your lawyer about the specific facts before taking any steps on your own.

Professional attire is always best: no shorts and no flip-flops. Dressing as you would for a job interview signals respect to the judge and the court, and that matters.

Permanently. A DUI conviction in Arizona doesn’t expire or fall off your record. However, you can petition to have the record sealed from public view 3 years after completing all court obligations. Arizona also allows a conviction to be set aside, which doesn’t erase it but adds a notation that the sentence was completed and the conviction set aside.

Yes. A DUI conviction appears on standard criminal background checks in Arizona. Sealing the record or obtaining a set-aside can limit its impact, and whether either is available depends on the circumstances of your conviction. I can advise you on post-conviction options.

It can, and the impact often shows up in ways people don’t anticipate at sentencing. The risk is highest if your job involves driving, a commercial driver’s license (CDL), or a professional license such as nursing, teaching, real estate, or finance. No one should plead guilty assuming it won’t matter later. Tell your attorney about your work situation early so the impact can be addressed as part of your defense strategy.

Yes. A family court can weigh a DUI conviction, particularly one involving a child passenger, when deciding parenting time and legal decision-making. Even a pending charge may be raised in an active custody dispute. I handle your case in a way that gives the other side as little ammunition as possible in family court.

If you’re booked into the Maricopa County Fourth Avenue Jail, your mugshot may appear on the Sheriff’s Office website and a handful of other sites. Within the first few days after booking, though, it becomes significantly harder to find any particular person’s photo online.

You need an attorney. Pleading guilty without one can lead to worse penalties and consequences that an experienced lawyer could help you avoid. A DUI attorney explores every option, finds defenses you may not know exist, files motions, negotiates with prosecutors for a reduced charge, and appears in court for you.

An attorney also works to limit the effects on your job, license, insurance, family, and record. If your case goes to trial, skilled defense counsel is essential.

My flat fee for most misdemeanor DUI cases is $2,800 in Maricopa County and $3,300 outside Maricopa County. No down payment is required, there are no late or early payment fees and no interest, and monthly payment plans are available based on income. The fee is all-inclusive: there’s no separate trial fee and no surprise bill. You can review the terms in my flat fee agreement.

Everything from start to finish, and no matter how high the BAC comes back, it’s the same fee: the MVD license hearing, all pretrial proceedings and motions, plea negotiations, the trial itself (including a jury trial if needed), and post-conviction help completing every court and MVD requirement.

Because the fee is flat rather than hourly, my interest is in working your case efficiently, not running up hours, and you know the full cost from day one.

The fee would not include independent blood retesting, expert witness fees, or filing an appeal.

Usually not, but the right question isn’t “who’s cheapest,” it’s “who gives me the best value for a fair price.” A DUI arrest triggers strict deadlines, including the 30-day MVD hearing deadline, and the outcome often depends on catching procedural errors: an unlawful stop, a flawed breath or blood test, a missed suppression motion.

An inexperienced or overloaded attorney charging a rock-bottom fee may not have the time or expertise to find those issues. That can cost you far more in the long run through a harsher sentence, a longer license suspension, or a conviction that could have been reduced or dismissed.

An affordable lawyer charges a fair, transparent price for real experience and full representation. A cheap lawyer charges less by cutting something: time on your case, courtroom experience, or what’s included in the fee (extra charges for trial, motions, or hearings).

My flat fee ($2,800 in Maricopa County, $3,300 elsewhere) is affordable because it’s all-inclusive, not because I’ve reduced the work or experience behind it. You get 47 years of experience practicing law for one clear price, with no surprises later.

DUI defense fees in the Phoenix area typically range from around $1,500 for basic representation to $5,000 or more for attorneys with extensive trial experience, and many firms charge separately for trial. My flat fee of $2,800 in Maricopa County ($3,300 outside it) sits in the middle of that range, includes trial if your case goes that far, and has no add-on costs.

Yes. Consultations are free, confidential, and carry no obligation to hire me. You can call or text me at (602) 467-3680, email me through my website, or schedule a secure video call, whichever works best for you.

Useful questions include:

• How many DUI cases have you handled?
• Is your practice focused on DUI and criminal defense, or spread across other areas of law?
• Will I work directly with you, or with associates or paralegals?
• What is the total cost, and does it include trial?
• Have you appeared in the court where my case will be heard?
• What results have you obtained in cases like mine?

The answers tell you whether an attorney has the focused experience your case demands.

I’m Gordon Thompson, and I’ve been practicing law for 47 years. I earned my law degree from Syracuse University College of Law, was admitted to the New York bar in 1979, and have been licensed in Arizona since 1982. I tried my first jury trial in 1984 and have represented more than 6,000 clients in DUI and criminal defense matters across Arizona. You can see recent case results and client reviews, or read more about me.

Yes. I’m a sole practitioner, the only attorney in my firm. I personally handle every case from start to finish, from the MVD hearing request through pretrial motions, plea negotiations, court appearances and trial. Your case is never handed off to an associate, a paralegal, or a case manager, and you have my direct contact information.

Yes. I give clients secure online access to dashcam and body camera video as soon as I receive it, along with police reports, test results, and other case materials. I text and email you whenever anything happens in your case, and you can call me any time with questions. Understanding the evidence is the foundation of your defense and of every decision you make.

Focus builds depth. An attorney who concentrates on DUI and criminal defense develops a working knowledge of the statutes, the science of breath and blood testing, and the local courts and prosecutors that a general practitioner rarely matches. In 47 years of practicing law, I’ve learned the courts throughout Maricopa County and beyond and the strategies that produce real results.

I appear regularly in municipal and justice courts throughout Maricopa County, including Phoenix, Scottsdale, Tempe, Mesa, Chandler, Gilbert, Glendale, Peoria, Surprise, Goodyear, Avondale, and Buckeye. I also appear in Pinal County courts in Apache Junction, Maricopa, and Casa Grande, and in select courts in Northern Arizona. Knowing the specific court, prosecutors, and judges where your case will be heard is a genuine advantage.

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