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Tempe
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Lake Havasu City
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Apache Junction
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Parker
DUI Charges in Arizona?
Your Freedom Can't Wait.
If you have been charged with driving under the influence (DUI), our founder, Matthew Lopez, and our team will work to protect your rights and vigorously advocate for you, from the start of your case to its final resolution. Being arrested for drunk driving is a very serious situation, and a conviction can result in negative effects on not only your future but those of your loved ones as well.
A first DUI feels like a mistake that should be forgivable. Arizona does not treat it that way. Even a first-offense DUI under ARS 28-1381 carries mandatory jail, a mandatory ignition interlock device, license suspension, alcohol screening, and a criminal record. Arizona is one of the few states that requires jail time on a first offense, and the Governors Highway Safety Association consistently ranks Arizona among the strictest DUI states in the nation.
The good news for a first-time offender: this is also the stage where a case is most defensible and where the consequences are most avoidable. Prosecutors have more flexibility on a first offense, treatment-based outcomes are more available, and the evidence that produced the arrest can often be challenged in ways that reduce or dismiss the charge entirely.
Matthew Lopez Law defends first-offense DUI charges across Arizona. Contact our firm for a confidential consultation.
Arizona law does not require a specific blood alcohol number to convict. Under ARS 28-1381(A), there are several separate ways to commit a DUI:
The “impaired to the slightest degree” standard is why refusing a breath test does not guarantee a dismissal. Officer observations, driving behavior, and field sobriety tests can support a conviction even without a chemical result.
A first DUI conviction under ARS 28-1381 carries these mandatory minimums:
| Penalty | First-Offense Requirement |
| Jail | 10 consecutive days (up to 9 suspended on screening completion) |
| Base fine | $250 minimum |
| Statutory assessments | $500 prison construction plus $500 public safety equipment fund |
| Additional surcharges | 80%-plus state surcharge on the base fine |
| License suspension | 90 days |
| Ignition interlock | 12 months after reinstatement |
| Alcohol screening | Mandatory |
| Treatment | As required by screening |
| SR-22 insurance | 3 years |
With all assessments and surcharges, the total financial obligation on a first offense typically lands between $1,600 and $2,500 before attorney fees, treatment costs, and interlock expenses. The Arizona Supreme Court publishes the surcharge schedule that drives these totals.
A first DUI arrest triggers two separate proceedings, and many people only learn about the second one too late.
The criminal case runs through the municipal or justice court and determines guilt, jail, fines, and probation.
The MVD administrative case is a civil license proceeding at the Motor Vehicle Division. It runs on its own track and its own deadline. You have only 15 days from the date of arrest to request an MVD hearing. Miss that deadline and your license is suspended automatically, regardless of what happens in the criminal case. This is the single most common and costly mistake first-time offenders make.
The traffic stop. Police need reasonable suspicion of a violation to pull you over. A stop based on a hunch, a mistaken belief about the law, or an anonymous tip without corroboration can be challenged, and a bad stop suppresses everything that followed.
Field sobriety tests. The standardized field sobriety tests are sensitive to medical conditions, injuries, age, weight, footwear, road surface, and officer administration errors. The National Highway Traffic Safety Administration sets strict protocols for these tests, and deviations undermine their reliability.
The two-hour window. Arizona requires the BAC to reflect your level within two hours of driving. If your alcohol level was still rising when you were tested, your BAC behind the wheel may have been below the legal limit.
Breath test accuracy. Breath machines require documented calibration and maintenance. Mouth alcohol, the 15-minute observation period, medical conditions like GERD, and margin-of-error issues all affect the result.
Blood test integrity. Blood cases turn on the warrant, the qualifications of the person drawing blood, refrigeration, chain of custody, and lab methodology.
Rising BAC and diet. Absorption rates, timing of the last drink, and even certain medical and dietary conditions can affect readings and support a defense.
Some Arizona jurisdictions offer first-offender treatment tracks, and a well-positioned first DUI can sometimes be reduced to reckless driving under ARS 28-693, which carries no mandatory jail and no ignition interlock. Reduction is not guaranteed and depends heavily on the BAC level and the strength of the evidence, but it is a realistic goal in cases with genuine weaknesses. Achieving it almost always requires early, aggressive motion practice rather than simply accepting the first plea offer.
A first DUI is a prior for 84 months. A second DUI within that window brings a 90-day minimum jail term. A third within the window becomes a felony aggravated DUI. Handling the first offense correctly, whether through dismissal, reduction, or a favorable plea, protects you from the escalating penalties that make repeat DUIs so severe.
A first DUI is serious, but it is also the most defensible point in the process. The 15-day MVD deadline, evidence preservation, and early plea positioning all happen fast, and early representation preserves the outcomes that matter most.
We serve clients in Tempe, Mesa, Apache Junction, Lake Havasu, Parker, and statewide. Flat fees for first-offense DUI. Payment plans available. Every interaction confidential.
Contact us for a free consultation.
Every minute counts when you’re facing criminal charges in Arizona. Whether you were just arrested or have court next week, our team is ready to start building your defense right now. We offer free consultations and can start protecting your rights today with flexible payment plans that work for your budget.
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