Phoenix DUI Lawyer
Arrested for DUI in Phoenix? Even a first offense is a Class 1 misdemeanor with mandatory jail, fines, an ignition interlock, and a license suspension, and you have only 15 days to save your license at the MVD. Our Phoenix DUI lawyers defend every level of DUI, from a first offense to felony aggravated DUI. Do not talk to police before you call us.
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What Happens if You Get a DUI in Phoenix?
Quick answer: A Phoenix DUI under A.R.S. § 28-1381 is a Class 1 misdemeanor, the most serious misdemeanor in Arizona. Even a first offense carries a minimum of 10 days in jail (a court can suspend all but one day after alcohol screening), $1,250+ in fines and surcharges, a 90-day license suspension, and a 12-month ignition interlock. Jail climbs with your BAC, 30 days for an extreme DUI (.15+) and 45 days for a super extreme DUI (.20+), and with each prior. You also have just 15 days to request an MVD hearing to protect your license. The defense starts with the stop and the testing. Call 623-321-4699, 24/7.
Both 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 Phoenix DUI and other DUI cases across Arizona. Our team includes former prosecutors and law enforcement officers, so we know exactly how the State builds these cases, and where they fall apart.
At many large firms, the name on the building is a marketing figurehead, you rarely get them on the phone and your case goes 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.
On This Page
- What Happens if You Get a DUI in Phoenix?
- DUI Charges We Defend in Phoenix
- Why Phoenix Chooses Tamou Law Group for DUI Defense
- How Much Jail Time for a DUI in Phoenix?
- Will You Lose Your License? The Phoenix DUI Suspension Process
- How We Investigate a Phoenix DUI
- Where Your Phoenix DUI Case Is Heard
- How Arizona’s 84-Month DUI Look-Back Works
- Phoenix DUI Jail-Time Escalation
- Penalties & Sentencing
- Defenses That Work
- Our Defense Team
- FAQs
If you’ve been charged with Phoenix DUI in Arizona, you probably have urgent questions about what you’re facing and what comes next. Here are straight answers to the questions people ask most, with a plain-English breakdown of the law under A.R.S. § 28-1381, the penalties, and the defenses that matter most.
DUI Charges We Defend in Phoenix
A Phoenix DUI is not a single charge, it is a range, and the level you are facing changes everything. We defend every type of DUI in Phoenix, select your charge to learn more:
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)
Together, these place Tamou Law Group among the best Phoenix DUI lawyers, led by Founding Attorney Michael Tamou and a full team of attorneys, including former prosecutors.
Why Phoenix Chooses Tamou Law Group for DUI Defense
Tamou Law Group is recognized by the National Trial Lawyers Top 100, Super Lawyers, Elite Lawyer 2026, the National College for DUI Defense, and the DUI Defense Lawyers Association, and rated 5.0 on Google across hundreds of reviews. The difference: instead of a solo lawyer who hands your case to a junior associate, you get a full team of attorneys, including former prosecutors who once filed DUI charges and former law enforcement, led by Founding Attorney Michael Tamou. We know exactly how the State builds a DUI, and where it breaks. Available 24/7 at 623-321-4699.
How Much Jail Time for a DUI in Phoenix?
Arizona sets mandatory minimum jail that climbs with each prior offense and with your blood-alcohol level. A standard first DUI starts at 10 days, an extreme DUI at 30 days, and a super extreme DUI at 45 days; a second DUI jumps to 90 days, and a third within 84 months becomes a Class 4 felony with a 4-month prison minimum. The table below shows the full escalation. Use the estimator to see the minimums for your situation.
Will You Lose Your License? The Phoenix DUI Suspension Process
Your License Is on a Separate 15-Day Clock
A Phoenix DUI starts a license suspension at the MVD that is completely separate from your criminal case, and it can take effect even before any conviction. A BAC of .08 or higher means a 90-day suspension (admin per se, A.R.S. 28-1385); refusing the breath or blood test means a 12-month suspension (implied consent, A.R.S. 28-1321). You have only 15 days from your arrest to stop it.
The Suspension
Under admin per se (A.R.S. 28-1385) a BAC of .08+ suspends your license for 90 days; refusing the test (A.R.S. 28-1321) is a 12-month suspension. This MVD action is separate from court and can hit even if your criminal case is later dismissed.
How We Move to Stop It
We file your MVD hearing request within the 15-day window, which puts the suspension on hold while we fight. Then we attack the stop, the breath or blood result, and whether the implied-consent advisory was properly read to you.
The Hearing & Keeping You Driving
At the MVD hearing the State must prove the basis for the suspension, and we cross-examine the arresting officer. If a suspension still applies, we get you a Special Ignition Interlock Restricted License so you can keep driving to work, school, and treatment.
How We Investigate a Phoenix DUI
Winning a Phoenix DUI starts with taking apart how the State built its case. In every case we:
- Examine the stop, whether police had reasonable suspicion to pull you over at all.
- Review the field sobriety tests, whether they were administered and scored to NHTSA standards.
- Scrutinize the breath test, calibration, maintenance logs, the 15-minute observation, mouth alcohol, and medical causes of false readings like GERD, diabetes, and GLP-1 drugs (Ozempic, Wegovy).
- Challenge the blood draw, who drew it, how it was stored, fermentation, and the chain of custody.
- Analyze rising BAC, whether your level was actually below the limit while you were driving.
- Protect your rights, Miranda, the right to counsel, and any unlawful search or seizure.
Where Your Phoenix DUI Case Is Heard
A misdemeanor Phoenix DUI is prosecuted in Phoenix Municipal Court (300 W. Washington St.) for arrests inside the city, or in the local justice court for the precinct where you were stopped. A felony aggravated DUI goes to the Maricopa County Superior Court (175 W. Madison Ave.). Knowing the court, its prosecutors, and its procedures matters, and we appear in all of them. See our Arizona court directory for locations and what to expect.
How Arizona’s 84-Month DUI Look-Back Works
Arizona counts prior DUIs within 84 months (seven years) of the current offense to decide whether it is a first, second, or third DUI. A prior that falls outside the window, was uncounseled, or is otherwise invalid may not count, which can drop your penalties to a lower tier. We pull and scrutinize the record behind every alleged prior.
Phoenix DUI Jail-Time Escalation
Arizona DUI penalties are driven by two things: how many prior DUIs you have in the last 84 months, and your BAC. Here is how the mandatory minimum jail time climbs.
| Offense (within 84 months) | Standard DUI (.08–.149) | Extreme DUI (.15–.199) | Super Extreme (.20+) |
|---|---|---|---|
| 1st offense | 10 days | 30 days | 45 days |
| 2nd offense | 90 days | 120 days | 180 days |
| 3rd offense | Felony: 4 months prison | Felony: 4 months prison | Felony: 4 months prison |
Minimums only; on a first offense a court may suspend part of the jail term after alcohol screening. A 3rd DUI within 84 months is an aggravated (felony) DUI under A.R.S. 28-1383.
What the State Must Prove for Phoenix DUI
To convict you of Phoenix DUI under A.R.S. § 28-1381, the prosecutor must prove every one of these elements beyond a reasonable doubt. If even one fails, the charge fails.
- 1Driving or actual physical control. You were driving, or in actual physical control of, a vehicle in Phoenix.
- 2Impairment or a prohibited BAC. You were impaired to the slightest degree, or had a BAC of .08 or more (.15+ extreme, .20+ super extreme).
- 3A lawful stop. Police had reasonable suspicion to stop you and probable cause to arrest, both are required and both are challengeable.
- 4Reliable testing. The breath or blood test was properly calibrated, administered, and preserved, errors here can suppress the result.
Examples of Conduct Charged as Phoenix DUI
- A standard Phoenix DUI with a BAC of .08 to .149
- A Phoenix extreme DUI (.15 to .199)
- A Phoenix super extreme DUI (.20 or higher)
- A Phoenix DUI involving drugs, marijuana, or prescription medication
What Sentence Could You Actually Face?
A Phoenix DUI carries mandatory minimum jail that rises steeply with your BAC tier and with each prior.
Standard
.08–.149 BAC
Extreme
.15–.199 BAC
Super Extreme
.20+ BAC
⚠ A First Phoenix DUI Does Not Have to Mean Jail
On a standard first DUI, a court can suspend all but one day of the 10-day jail term once you complete alcohol screening, so the realistic exposure is often far less than the minimum suggests. Beating or reducing the charge, by challenging the stop, the breath or blood test, or impairment, can avoid jail and the interlock entirely.
Estimate Phoenix DUI Penalties: Jail, Fines & Fees
See the mandatory minimums for your situation in seconds.
Arizona DUI Penalty Estimator — Jail, Fines & Fees
How We Fight Arizona Phoenix DUI Cases
Every case has weak points. These are the defenses we look at first.
Attacking the Stop & the Test
No Reasonable Suspicion for the Stop. If police lacked a lawful reason to pull you over, the evidence that followed can be suppressed.
Breath-Test Errors. Intoxilyzer machines must be calibrated and maintained; radio interference, mouth alcohol, and operator error inflate readings.
Blood-Draw & Chain-of-Custody Problems. An improper draw, unqualified phlebotomist, fermentation, or a broken chain can make a blood result inadmissible.
Rising BAC. Your BAC may have been below the limit while driving and only rose by the time of testing; the State must prove your level at the time of driving.
No Actual Physical Control. Sitting in a parked car is not always driving.
Protecting Your License & Your Record
The 15-Day MVD Hearing. Requesting an MVD hearing within 15 days preserves your license while we fight the case and challenge the suspension.
Priors Outside 84 Months. A prior DUI that falls outside the seven-year window does not count, which can drop the offense to a lower tier.
Reduction to Reckless Driving. With problems in the stop or testing, a DUI can be reduced to reckless driving, no mandatory interlock and far less exposure.
Mitigation & Screening. Treatment, screening, and a strong record can reduce jail time and protect your ability to drive.
The Experts We Bring to DUI Cases
A DUI is a science case. We bring the specialists who take the State’s numbers apart, click any to see how.
Forensic Toxicologists
BAC & Absorption
Independently review the blood and breath results, the absorption curve, and whether the alleged number reflects your true level at the time of driving.
Breath-Test Analysts
Intoxilyzer & Calibration
Examine the machine’s calibration and maintenance logs and the 15-minute observation, exposing mouth alcohol, radio interference, and operator error that inflate readings.
Blood & Lab Experts
Gas Chromatography
Audit the blood draw, storage, fermentation risk, lab protocol, and reported uncertainty, where applying the margin of error can drop the reading below the threshold.
Medical Experts
GERD, Diabetes & Diet
Explain how acid reflux, diabetes, and low-carb diets can push a breath reading upward, independent of how much alcohol was actually consumed.
Field Sobriety Experts
NHTSA Protocol
Evaluate whether the standardized field sobriety tests were administered and scored correctly, and whether the “clues” really show impairment.
Records & Discovery Specialists
Maintenance & Logs
Pull the full calibration history, repair records, and the discovery the State would rather not produce, the paper trail that often reveals an unreliable machine.
Recent Phoenix DUI Defense Results
Every case is unique and results depend on the facts, but these examples reflect how our firm handles Phoenix DUI cases across Arizona.
Extreme DUI, BAC .19
Dismissed
A bad stop and breath-test calibration failures gutted the case; dismissed before trial.
Standard DUI, BAC .084
Not Guilty
A rising-BAC defense showed the level was under the limit while driving; the jury acquitted.
Second DUI, BAC .14
Reduced to Reckless
An alleged prior fell outside 84 months; reduced to reckless driving, no interlock.
DUI, Warrantless Blood Draw
Suppressed
A warrantless blood draw was suppressed, gutting the State’s proof.
Aggravated (3rd) DUI
Felony Avoided
We excluded a prior conviction; the felony aggravated DUI was dropped to a misdemeanor.
Phoenix DUI, MVD Hearing
License Saved
We won the 15-day MVD hearing and our client kept driving throughout the case.
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 for a Phoenix DUI lawyer, DUI attorney in Phoenix, Phoenix DUI defense, first DUI in Phoenix, and a Scottsdale DUI attorney. Our Phoenix criminal defense lawyers and Scottsdale criminal defense attorneys defend Phoenix DUI and other DUI cases across Phoenix, Scottsdale, Mesa, Tempe, Chandler, Gilbert, Glendale, Peoria, and all of Maricopa County, from offices in both cities. This page is part of our Arizona dui charges practice. Call 623-321-4699 or contact our team for a free, confidential consultation, 24/7.
Arizona Phoenix DUI FAQs
Quick answers to the questions we hear most about Phoenix DUI charges, penalties, and defenses in Arizona.
How much does a DUI cost in Phoenix?
A first Phoenix DUI commonly runs $7,000 to $10,000 or more once fines, fees, higher insurance, interlock, and classes are counted. Use our Arizona DUI Cost Calculator for a full estimate. The real cost climbs with a higher BAC and any priors.
Can a Phoenix DUI be reduced to reckless driving?
Yes. With problems in the stop, the testing, or the evidence, a DUI can be reduced to reckless driving, which means less jail, lower fines, and no mandatory ignition interlock.
Will I lose my license after a Phoenix DUI?
A DUI arrest triggers a separate MVD license suspension handled apart from the court case. You have only 15 days to request an MVD hearing to protect your license, so call 623-321-4699 right away.
Do I have to install an ignition interlock device?
Arizona requires an ignition interlock for most DUI convictions, typically 12 months or longer. Reducing or dismissing the charge can shorten or avoid the interlock requirement.
Can a first DUI be dismissed in Phoenix?
Yes. A first DUI is dismissed when there was no reasonable suspicion for the stop, no probable cause to arrest, or the breath or blood test was mishandled. Every step of the case is a place to challenge the evidence.
Is a DUI a felony in Arizona?
Most first and second DUIs are Class 1 misdemeanors. A DUI becomes a felony, aggravated DUI under A.R.S. 28-1383, on a third offense within 84 months, when you drive on a suspended or revoked license, or with a child under 15 in the car. Felony DUI carries mandatory prison.
What is the legal BAC limit for a DUI in Phoenix?
The limit is .08 for most drivers, .04 for commercial drivers, and zero tolerance for anyone under 21. But Arizona can still convict you below .08 if you were impaired to the slightest degree. At .15 it becomes an extreme DUI and at .20 a super extreme DUI, each with harsher mandatory penalties.
Is an extreme DUI a felony in Arizona?
No. An extreme DUI (BAC .15 or higher) is still a Class 1 misdemeanor, not a felony, but it carries harsher mandatory jail, 30 days at .15 and 45 days at .20. A DUI only becomes a felony (aggravated DUI) on a third offense within 84 months, on a suspended license, or with a child under 15 in the car.
Can I refuse a breath or blood test in Arizona?
Under Arizona’s implied consent law, refusing a chemical test triggers an automatic 12-month license suspension, and police can still get a warrant for your blood. Whether you refused or not, the testing is challengeable.
How long does a DUI stay on your record in Arizona?
A DUI conviction is permanent and cannot be expunged, though it may later be set aside. It also stays on your MVD record for the 84-month period used to count prior offenses.
Will I get a real attorney or a junior associate?
At Tamou Law Group your defense is handled by a full team of experienced attorneys, not associates, including Michael Tamou. Call 623-321-4699, 24/7.
Key Takeaways
- A Phoenix DUI under A.R.S. 28-1381 is a Class 1 misdemeanor, even a first offense carries mandatory jail.
- You have just 15 days from arrest to request an MVD hearing or your license is automatically suspended.
- Jail climbs with your BAC and with every prior DUI in the last 84 months, see the escalation table below.
- Misdemeanor DUIs are heard in Phoenix Municipal Court; a third DUI in 84 months is a felony in Maricopa County Superior Court.
- Most DUIs are won on the stop, the breath or blood test, and proof of impairment.
- Your case is handled by a full team of attorneys, not associates, including Michael Tamou, 24/7 at 623-321-4699.
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.