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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 Lake Havasu?
Get a Local Lawyer Who Fights to Win.
If you have been arrested, you may feel your life has been turned upside down and that you have nowhere to turn. You have several questions and need someone to speak with who will help you get out of your situation. You need a Lake Havasu lawyer who will take the time to listen to your questions and concerns and who will provide sound legal advice throughout this difficult time. If you have been arrested, Matthew Lopez is the attorney for you.
Arizona has some of the toughest DUI laws in the country, and Lake Havasu City is one of the most aggressively patrolled DUI enforcement zones in the state. Lake Havasu City Police run dedicated DUI saturation patrols year-round — and during spring break and summer weekends, enforcement on Highway 95 and McCulloch Boulevard intensifies significantly. If you were arrested for DUI on a public road or highway in or around Lake Havasu, you are facing criminal charges under ARS 28-1381 that carry mandatory jail time, a driver’s license suspension, and a permanent criminal record.
Matthew Lopez Law has defended DUI cases in Mohave County for over 16 years. We challenge field sobriety tests, breathalyzer results, blood draws, and every step of the arrest process. We fight for dismissals and reductions — and we offer affordable payment plans so cost is never the reason you go undefended. Call us 24/7 for a free consultation.
Note: If you were arrested on the water — operating a boat or jet ski on Lake Havasu — that is a separate charge under ARS 5-395, not this statute. See our Lake Havasu Boating DUI page for information specific to watercraft charges.
Under ARS 28-1381, it is unlawful to operate or be in actual physical control of a motor vehicle while:
The “slightest degree” standard is critical. You do not have to be visibly drunk to be arrested. If an officer believes your driving or behavior was affected by alcohol at all, you can be charged — even with a BAC below 0.08.
Arizona has two enhanced DUI tiers that carry steeper mandatory penalties:
These are charged under ARS 28-1382. Both carry longer mandatory jail terms and higher fines, even for a first offense.
A DUI becomes a Class 4 felony under ARS 28-1383 if any of the following apply:
A Class 4 felony DUI carries a minimum of 4 months in the Arizona Department of Corrections, with no possibility of probation or early release under certain circumstances. If you are facing an aggravated DUI charge in Mohave County, see our dedicated Aggravated DUI page.
Every DUI conviction in Mohave County is a matter of permanent public record. The criminal case and the MVD administrative action run on separate tracks — which means you can lose your license even if charges are later reduced or dismissed.
Lake Havasu City Police and Mohave County Sheriff’s deputies run DUI patrols along the corridors visitors use most — McCulloch Boulevard, Swanson Avenue, Acoma Boulevard, and Highway 95 north and south of the city. During spring break (March) and summer weekends (May through September), patrol density increases substantially and officers are specifically deployed to watch for impaired drivers leaving the lake area, bars, and restaurants near the waterfront.
Most Lake Havasu DUI arrests follow a predictable sequence:
Officers initiate stops based on moving violations — weaving, running a stop sign, speeding, failing to signal — or on observations like leaving a known bar or restaurant. In Lake Havasu, officers are also positioned near the boat launch ramps and parking areas along the shoreline, watching for impaired drivers leaving these locations on foot and then getting into vehicles.
Once the stop is made, the officer is building a probable cause record. They are documenting: smell of alcohol, slurred or slow speech, bloodshot or watery eyes, fumbling with a license or registration, confusion, and any open containers. Everything observed and said during this window becomes part of the police report.
Officers will ask you to perform standardized field sobriety tests — the walk-and-turn, one-leg stand, and horizontal gaze nystagmus (HGN). These tests are voluntary under Arizona law. You are not legally required to perform them, and declining cannot be used against you as evidence of impairment. These tests are designed and scored to generate failures, and many sober people fail them — particularly when nervous, fatigued, or wearing inappropriate footwear.
Under ARS 28-1321, Arizona’s implied consent law for motor vehicles, you consent to chemical testing simply by operating a vehicle on public roads. If you refuse after arrest, you face an automatic 12-month administrative driver’s license suspension — separate from the criminal case — and officers can obtain a warrant and compel a blood draw. In most cases, refusing does not help and creates additional exposure.
A DUI arrest triggers two parallel proceedings: the criminal case in Mohave County Superior Court or Lake Havasu City Justice Court, and an administrative action by the Arizona Motor Vehicle Division (MVD). These are independent of each other. The MVD will move to suspend your driver’s license regardless of what happens in the criminal case.
You have 15 days from the date of arrest to request an administrative hearing. If you miss that window, your license is automatically suspended and you lose the right to contest it. Our firm handles both the criminal defense and the MVD hearing — call us immediately after your arrest so we can file the hearing request on your behalf before the deadline expires.
Misdemeanor DUI cases in Lake Havasu City are typically heard in the Lake Havasu City Justice Court (2001 College Drive, Suite 93, Lake Havasu City, AZ 86403). Felony aggravated DUI cases are heard in Mohave County Superior Court, which has a division in Kingman. Our attorneys are familiar with both courts, the prosecutors, and the judges who handle these cases.
A DUI charge is not a conviction. The prosecution must prove every element of the offense beyond a reasonable doubt. We challenge:
Officers must have articulable reasonable suspicion to initiate a traffic stop. If the reason for the stop cannot be substantiated — or if the stop was based on a hunch rather than observed conduct — any evidence gathered after it can be suppressed. We review dashcam and bodycam footage in every case.
FSTs are only reliable when administered under standardized conditions: flat, dry pavement, appropriate footwear, no medical conditions affecting balance. A client who has been on their feet all day at the lake, who is wearing sandals, who has a knee or back injury, or who is simply nervous is going to perform poorly on these tests regardless of sobriety. We attack the foundation of these results at every opportunity.
Breathalyzer devices in Arizona must be regularly calibrated, maintained, and operated by certified personnel. Officers must observe you for 15–20 minutes prior to the test to ensure you have not eaten, vomited, belched, or ingested anything that could contaminate the reading. Any failure in the maintenance records, certification records, or observation period is grounds to challenge the result.
Blood tests are only reliable if the sample was drawn by a qualified phlebotomist, stored at the correct temperature, and processed by a certified laboratory without contamination. We request the full chain of custody documentation and forensic lab records in every blood-draw case. Errors in handling or processing can result in exclusion of the test results.
Alcohol continues to absorb into the bloodstream after your last drink. If you consumed alcohol shortly before driving, your BAC may have been under 0.08 while you were operating the vehicle but crossed the threshold by the time you were tested 30–60 minutes later. We identify the timeline of consumption in every case and use it where applicable.
Do not answer questions about how much you drank, where you were, or when your last drink was. Politely exercise your right to remain silent and request an attorney. Officers are trained to use these admissions in court, and anything you say will appear in the police report. Once you are released, call us immediately. DUI cases in Arizona have short deadlines — the 15-day MVD hearing window is the most urgent — and the faster we get involved, the more options we have to protect your license and your record.
Our firm has defended DUI cases throughout Arizona for over 16 years, including hundreds of cases in Mohave County. We know how the Lake Havasu City Police builds these cases, how the Mohave County prosecutors handle them, and how to fight them effectively. We have former prosecutors on our team who understand exactly what the state needs to prove — and where those cases fall apart.
We offer affordable payment plans and can start your case with very little money down. DUI arrests are already expensive before you factor in legal fees — impound, bail, lost wages. Cost should not determine the quality of your defense. Call us 24/7.
If your arrest involved a watercraft, visit our Lake Havasu Boating DUI Lawyer page. If you are dealing with related charges from a spring break arrest, see our Lake Havasu Spring Break Defense page. For broader criminal defense information, visit our Lake Havasu Criminal Defense page.
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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