Arizona DUI Lawyers
Charged with DUI in Arizona? Whether it is a first-offense, extreme, aggravated (felony), drug, or fatal DUI, Arizona has some of the toughest DUI laws in the country, with mandatory jail even on a first conviction. The defense starts with the stop and the test. Do not talk to police before you call us.
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Our Team Has SeenBoth Sides
Former Prosecutors · Law Enforcement · Public Defenders
When you call Tamou Law Group, you reach a firm that handles criminal defense exclusively, with serious experience defending every kind of DUI, from first-offense to extreme, aggravated, drug, and fatal DUI, across Arizona. Our team includes former prosecutors who charged DUI cases and law enforcement officers who made the stops, so we know exactly how the State builds a DUI, and where those cases break down.
At many large firms, the name on the building is a marketing figurehead, you will rarely get them on the phone and your case is handed to a junior associate. When you hire Tamou Law Group, your case is handled by a full team of attorneys, not associates, including Michael Tamou. Call 623-321-4699 for a free, confidential consultation, 24/7.
What Is a DUI in Arizona?
Quick answer: In Arizona it is illegal to drive while impaired to the slightest degree by alcohol or drugs, or with a BAC of .08 or more (A.R.S. § 28-1381). DUIs escalate by alcohol level and circumstances, from a standard DUI to an extreme DUI (.15+), a super extreme DUI (.20+), an aggravated (felony) DUI, a drug or marijuana DUI, or a fatal DUI. DUIs also escalate by your number of prior offenses in 84 months: a first, second, or third (felony) DUI, each with steeper mandatory jail. Even a first conviction carries mandatory jail, fines, an ignition interlock, and license loss. The defense begins by challenging the stop, the breath or blood test, and whether you were actually impaired.
Key Takeaways
- Arizona DUI law (A.R.S. § 28-1381) makes it illegal to drive impaired to the slightest degree or with a BAC of .08 or more.
- DUIs escalate by alcohol level: standard (.08), extreme (.15), and super extreme (.20), each adding mandatory jail.
- A DUI becomes an aggravated (felony) DUI on a suspended license, a 3rd offense in 84 months, or with a child under 15.
- Drug, marijuana, and prescription DUIs are charged on a blood test and a drug-recognition opinion, both highly challengeable.
- A fatal impaired-driving crash is charged as DUI causing death, with years to decades of prison exposure.
- Even a first DUI brings mandatory jail, fines, a certified ignition interlock, license suspension, and a criminal record.
- Most DUIs are won on the stop and the testing, your case is handled by a full team of attorneys, not associates, including Michael Tamou, 24/7 at 623-321-4699.
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First Offense
Arrested for a First DUI?
Even a first Arizona DUI carries mandatory jail, fines, interlock, and license loss. The stop and the test can often be challenged. Call before your first court date.
Call 623-321-4699 →Felony Exposure
Extreme or Aggravated DUI?
A high BAC means an extreme DUI; a suspended license or third offense means an aggravated felony DUI with prison. The exposure jumps fast.
See the Charges →Act Fast
Your License Is At Risk
A DUI triggers a separate MVD action with a short deadline to request a hearing, often before your first court date. Miss it and your license suspends automatically.
CALL NOWArizona DUI Charges We Defend
Every DUI is different. Choose your charge below for a complete guide to the law, penalties, and defenses, or call us 24/7.
Standard & First-Offense DUI
BAC .08–.149 · A.R.S. 28-1381
Impaired-to-the-slightest-degree and .08 DUIs, where the stop and the test decide everything.
Learn More →Extreme & Super Extreme DUI
BAC .15 / .20+ · A.R.S. 28-1382
A high reading means mandatory 30 to 45 days in jail. We attack the number that drives the charge.
Learn More →Aggravated (Felony) DUI
Suspended / 3rd / Child · A.R.S. 28-1383
Felony DUI with mandatory prison. We attack the aggravating factor to drop it to a misdemeanor.
Learn More →Drug & Marijuana DUI
Drugs / Rx / THC · A.R.S. 28-1381
Charged on a blood test and a drug-recognition opinion, both highly challengeable.
Learn More →DUI Causing Death
Fatal Crash · A.R.S. 13-1102/1103/1104
A fatal impaired-driving crash, charged from negligent homicide up to second-degree murder.
Learn More →Underage DUI
Under 21 · Zero Tolerance
Arizona’s zero-tolerance law makes any detectable alcohol a DUI for drivers under 21.
Learn More →Not sure which charge you are facing? Call now for a free, confidential consultation.
CALL 623-321-4699Arizona DUI Law: A.R.S. § 28-1381
Arizona’s DUI statutes are among the strictest in the nation. Statutes link to azleg.gov.
“Impaired to the Slightest Degree,” § 28-1381(A)(1)
You can be convicted of DUI even with a BAC under .08 if alcohol or drugs impaired your driving to the slightest degree. This is a lower bar than most people expect, and it is why field sobriety tests and officer observations, not just the breath number, matter so much. Our Arizona DUI laws guide breaks this down in detail.
The .08 Limit and the Per-Se DUI, § 28-1381(A)(2)
It is a separate violation to drive with a BAC of .08 or more within two hours of driving, regardless of actual impairment. Because the charge rests on the test result, challenging the breath machine, the blood draw, the timing, and the margin of error is central to the defense.
Extreme & Super Extreme DUI, § 28-1382
A BAC of .15 or more is an extreme DUI (mandatory 30 days jail) and .20 or more is a super extreme DUI (45 days). These are still misdemeanors, but the mandatory jail makes attacking the number essential.
Aggravated (Felony) DUI, § 28-1383
A DUI becomes an aggravated felony DUI when committed on a suspended license, as a third offense within 84 months, with a child under 15, or while ordered to use an interlock. A Class 4 aggravated DUI carries a mandatory minimum four months in prison.
Drug DUI & Implied Consent
Arizona’s law also covers drugs, marijuana, and prescription medication, and under the implied-consent law, refusing a test triggers an automatic license suspension. A fatal impaired-driving crash is charged as DUI causing death. Whatever the charge, the stop and the testing are the foundation of the defense.
The Arizona DUI Ladder
Alcohol level and circumstances decide whether a DUI is a minor misdemeanor or a felony with prison. Each charge below links to its full guide.
| Charge | Trigger | Statute | Class | Mandatory Minimum |
|---|---|---|---|---|
| Standard DUI | BAC .08–.149 or impaired | 28-1381 | Class 1 Misd. | 10 days jail (often 1) |
| Extreme DUI | BAC .15–.199 | 28-1382 | Class 1 Misd. | 30 days jail |
| Super Extreme DUI | BAC .20+ | 28-1382 | Class 1 Misd. | 45 days jail |
| Aggravated DUI | Suspended / 3rd / child / interlock | 28-1383 | Class 4/6 Felony | 4 months prison |
| DUI Causing Death | Fatal crash | 13-1102/1103/1104 | Felony (dangerous) | 4–25 years |
Drug and marijuana DUIs are charged at the standard level but rest on a blood test, not a BAC reading.
Arizona DUI Penalties Overview
Every Arizona DUI carries mandatory jail, fines, a certified ignition interlock, and license consequences. The level drives the term.
Misd.
First / Standard DUI
Misd.
Extreme / Super Extreme
Felony
Aggravated DUI
⚠ Mandatory Penalties, Real Consequences
*A first DUI’s 10-day jail term can often be reduced to a single day with screening. But every DUI also brings a criminal record, ignition interlock, sharply higher insurance (SR-22), license consequences, and problems for commercial drivers, professional licenses, employment, and immigration. Fighting the charge on the front end is how those consequences are avoided.
Arizona DUI Penalty Estimator
Want the full out-of-pocket cost (insurance, interlock, attorney)? Try the Arizona DUI Cost Calculator.
Common Defenses in Arizona DUI Cases
A DUI is far more defensible than most people think. Almost every case has a weakness in the stop, the testing, or the proof of impairment.
Attacking the Stop & Arrest
No Reasonable Suspicion. Police need a lawful reason to stop you. An illegal stop can suppress everything that followed.
No Probable Cause to Arrest. Field sobriety tests are subjective and often administered incorrectly, undermining probable cause.
No Actual Physical Control. Sitting in a parked or non-running car is not always “driving” under Arizona law.
Miranda & Statement Violations. Admissions obtained improperly can be suppressed.
Attacking the Test & Impairment
Breath-Machine Errors. Calibration lapses, the 15-minute observation, mouth alcohol, and radio interference inflate readings.
Blood-Draw & Chain-of-Custody Problems. An improper draw, fermentation, or a broken chain of custody can exclude the result.
Rising BAC & Margin of Error. Your level may have been lower while driving, and every test has a built-in uncertainty.
Medical & Dietary Conditions. Acid reflux, diabetes, and low-carb diets can skew a breath reading upward.
No Real Impairment. For drug and slightest-degree cases, presence of a substance is not the same as impaired driving.
After reviewing your case, we will explain which defenses apply and the best path forward.
CALL 623-321-4699The Experts We Bring to the Table
The State builds DUI cases with breath machines, crime labs, and police testimony. We answer with the same caliber of specialists.
Forensic Toxicologists
BAC & Impairment
Independently review blood and breath results, rising-BAC science, and whether the alleged level actually proves impairment at the time of driving.
Breath-Test Analysts
Intoxilyzer & Calibration
Examine the breath machine’s calibration, maintenance, and the observation period, exposing mouth alcohol, interference, and operator error.
Blood & Lab Experts
Gas Chromatography
Audit the blood draw, storage, lab protocol, and reported uncertainty, where a single failure can exclude the result.
Field Sobriety & DRE Experts
NHTSA & Drug Recognition
Evaluate whether the field sobriety and drug-recognition evaluations were performed correctly and whether the ‘clues’ really show impairment.
Medical Experts
Conditions & Diet
Explain how acid reflux, diabetes, and diet can mimic impairment or inflate a breath reading, independent of alcohol.
Records & Discovery Specialists
Maintenance & Logs
Pull the full calibration history, lab records, and MVD documentation, the paper trail that often reveals an unreliable case.
The Arizona DUI Process
A DUI moves on two tracks at once, the criminal case and the MVD license case. Knowing the steps protects your rights.
The Stop & Arrest
Police must have a lawful reason to stop and arrest you. We scrutinize the bodycam, the report, and the field sobriety tests for the first cracks in the case.
Chemical Test & Admin Per Se
A breath or blood test follows. A reading at or above .08 triggers a separate MVD ‘admin per se’ suspension with a short deadline to request a hearing.
The MVD Hearing
We can demand an MVD hearing to fight the license suspension separately from the criminal case, sometimes preserving your ability to drive.
Arraignment & Disclosure
The criminal case is filed and the State must disclose its evidence, the breath logs, blood records, and reports we use to build the defense.
Motions & Negotiation
We file motions to suppress the stop or the test and negotiate from strength, pushing to reduce or dismiss the charge.
Trial Readiness
We prepare every case for trial. That readiness is what gives our negotiations leverage and protects you if the State will not be fair.
Areas We Serve
We defend DUI cases across Maricopa County and all of Arizona. Find your city below, or call us 24/7.
A Full Team of Attorneys, Not Associates
The single biggest factor in your defense is who actually handles your case, and how hard they fight it.
At many large firms, the name on the building is a marketing figurehead. You may never get them on the phone, and your case is handed to a rotating junior associate who has never tried a case like yours. At Tamou Law Group, your defense is handled by a full team of experienced attorneys, not junior associates, including founding attorney Michael Tamou. The same senior team handles your calls, your strategy, and your court dates.
Our reputation is built on results and on our clients’ words, a 5.0-star Google rating from people we have actually defended. Read them in the reviews below.
What Clients Say About Tamou Law
Real Google reviews from clients we have defended across Phoenix and Maricopa County. Every review is from a criminal defense client, never padded with non-legal work.
Clients reach us searching in many ways, for the best DUI lawyer in Arizona, for lawyers who handle DUI charges, or for Phoenix DUI defense and a Scottsdale DUI attorney. However you found us, Tamou Law Group defends DUI cases across Phoenix, Scottsdale, Mesa, Tempe, Chandler, Gilbert, Glendale, Peoria, and all of Maricopa County, with representation statewide. Call 623-321-4699 for a free, confidential consultation, 24/7.
Awards & Recognition
Our recognition for Phoenix DUI defense is independently verified, click any award to confirm it:
- National Trial Lawyers Top 100
- National Trial Lawyers Top 40 Under 40
- Elite Lawyer 2026 – Criminal Defense
- Super Lawyers – Southwest
- National College for DUI Defense (NCDD)
When you are looking for the best Phoenix DUI lawyers, these are the independently verified credentials that matter, earned by Founding Attorney Michael Tamou and a full team of attorneys, including former prosecutors.
Arizona DUI Guides & Answers
Common DUI situations and questions, explained in plain English with the exact statutes and defenses.
Arizona DUI FAQs
Common questions about DUI charges, penalties, the license process, and defenses in Arizona.
What counts as a DUI in Arizona?
Under A.R.S. 28-1381 it is illegal to drive while impaired to the slightest degree by alcohol or drugs, or with a BAC of .08 or more within two hours of driving. You can be convicted even under .08 if alcohol or drugs affected your ability to drive.
Is a first DUI a misdemeanor in Arizona?
Yes, a first standard DUI is a Class 1 misdemeanor, but it still carries a mandatory minimum of 10 days in jail (often reducible to one day with screening), fines, a certified ignition interlock, and a 90-day license suspension.
What is the difference between standard, extreme, and aggravated DUI?
Alcohol level and circumstances. A standard DUI is .08 to .149; an extreme DUI is .15+; super extreme is .20+. A DUI becomes an aggravated felony DUI on a suspended license, a third offense in 84 months, or with a child under 15.
Will I lose my license after a DUI?
Likely yes. A DUI triggers a separate MVD ‘admin per se’ suspension with a short deadline to request a hearing, often before your first court date. We fight both the criminal case and the license action.
Can a DUI be dismissed or reduced in Arizona?
Yes. Because DUIs depend on the stop and the testing, challenges to reasonable suspicion, probable cause, the breath or blood test, and the margin of error can lead to reduced charges or dismissal. Each case turns on its facts.
Do I have to take a breath or blood test?
Under Arizona’s implied-consent law, refusing a test triggers an automatic license suspension. Police can also obtain a warrant for blood. How and when the test was taken is often challengeable.
Can I get a DUI from marijuana or prescription drugs?
Yes. Arizona’s DUI law covers all drugs, including marijuana and prescription medication. See our drug DUI page. A valid prescription and the inactive-metabolite rule are important defenses.
What happens if someone died in a DUI crash?
A fatal impaired-driving crash is charged as DUI causing death, which can range from negligent homicide to second-degree murder, with years to decades of prison exposure. These cases require immediate, aggressive defense.
How long does a DUI stay on my record in Arizona?
A DUI conviction stays on your criminal record and counts as a prior for 84 months (seven years) for sentencing purposes, and longer for some consequences. Avoiding the conviction is the surest protection.
Should I talk to the police about a DUI?
No. Provide your license, registration, and insurance, then politely decline to answer questions and ask for a lawyer. Statements about drinking or drug use are exactly what the State uses to convict.
Will I get a real attorney or a junior associate?
At many large firms the name on the door is a marketing figurehead and your case goes to a rotating associate. At Tamou Law Group your defense is handled by a full team of experienced attorneys, not associates, including founding attorney Michael Tamou. Call 623-321-4699, 24/7.
Two Arizona Offices, One Team
We serve all of Maricopa County and the surrounding area, with free, confidential consultations 24/7 by phone and in-person meetings at either office by appointment.
Case Results Disclaimer: The results described on this page are based on specific facts and circumstances and do not guarantee or predict a similar outcome in any future case. Every case is different. Past results do not guarantee future results. No attorney-client relationship is formed by viewing this page or submitting a contact form until a written fee agreement has been signed. Tamou Law Group, PLLC is licensed to practice law in the State of Arizona. This website is for informational purposes only and does not constitute legal advice.