Being arrested for DUI in Gilbert can derail your life overnight. Arizona enforces some of the strictest DUI laws in the country, with mandatory jail time, steep fines, license suspension, and ignition interlock requirements even for first offenses

Having an experienced DUI criminal defense attorney from our law firm can help protect your rights and provide a strong DUI defense. Whether you are facing misdemeanor charges, felony aggravated DUI, underage DUI, or have a prior DUI conviction, or even felony DUI. 

Our Gilbert DUI lawyers have 200+ years of combined criminal defense experience, including former prosecutors who understand how Maricopa County builds its DUI cases—and how to dismantle them strategically. We provide aggressive, tailored defense strategies to protect your freedom and your future.

Call AZ Defenders at (480) 456-6400 to find an experienced DUI lawyer today or contact us online for a confidential consultation with a Gilbert DUI attorney. Having an experienced criminal defense lawyer can make a tremendous difference in your case.

Why Choose AZ Defenders as Your Gilbert DUI Lawyer

When you choose AZ Defenders, you benefit from attorneys with 20+ decades of combined DUI defense experience, including former prosecutors who know Maricopa County’s approach to DUI prosecution inside and out. 

We never push clients into plea deals. Instead, we investigate every detail of your arrest to identify errors, constitutional violations, and evidentiary weaknesses that can lead to reduced charges or even dismissals.

Arizona DUI Laws and Penalties

Most people assume the legal limit for DUI charges is 0.08%. However, you can be charged based on impairment alone as long as you had actual physical control of the car. 

Most are stopped for other traffic violations. If the officer observes signs of intoxication, you will likely have to do a blood or breath test to determine blood alcohol concentration (BAC).

Regular DUI (A.R.S. § 28-1381)

A regular DUI is charged if your BAC is 0.01% to 0.0149 within two hours of driving.

First offense penalties include:

  • 10 days in jail, with 9 days potentially suspended after alcohol screening and counseling
  • Fines exceeding $1,500
  • 90-day Arizona driver’s license suspension
  • 12-month ignition interlock device
  • Mandatory alcohol screening, education, and treatment

Second offenses within seven years result in longer jail sentences, increased fines, a one-year license revocation, and extended ignition interlock periods.

Extreme DUI (A.R.S. § 28-1382(A)(1))

Extreme DUI applies when your BAC is 0.15% to 0.199%.

First offense penalties include:

  • 30 days in jail, of which up to 21 days can be suspended upon ignition interlock installation for 12 months
  • Fines and assessments exceeding $3,500
  • 90-day license suspension
  • 12-month ignition interlock requirement
  • Mandatory alcohol screening and treatment

Second offenses carry at least 120 days in jail, over $5,250 in fines, one-year license revocation, and extended ignition interlock periods.

Super Extreme DUI (A.R.S. § 28-1382(A)(2))

Super Extreme DUI applies when your BAC is 0.20% or higher.

First offense penalties include:

  • 45 days in jail, of which up to 31 days can be suspended upon ignition interlock device installation for 12 months
  • Fines and assessments exceeding $5,000
  • 90-day license suspension
  • 18-month ignition interlock requirement
  • Mandatory alcohol counseling and treatment

Second offenses carry at least 180 days in jail, higher fines, a one-year license revocation, and extended ignition interlock installation.

Aggravated DUI (Felony DUI – A.R.S. § 28-1383)

Aggravated DUI is charged as a felony when you commit DUI while your license is suspended or revoked, it is your third DUI within seven years, or you are arrested for DUI with a child under 15 in the vehicle, or you were subject to an ignition interlock device requirement and were arrested for DUI in a vehicle not equipped with an ignition interlock device.

Penalties include:

  • A felony conviction that can affect employment, housing, and civil rights
  • Minimum of a jail sentence up to a mandatory minimum four-month prison sentence for a Class 4 aggravated (felony) DUI conviction
  • License revocation
  • Long-term ignition interlock device requirement
  • Mandatory substance abuse treatment

Felony DUI convictions permanently alter your criminal record, voting rights, and firearm possession and ownership eligibility.

Drug DUI (A.R.S. § 28-1381(A)(3))

You can be charged with DUI for driving under the influence of any drug, including prescription medications, medical marijuana, or illegal substances, if they impair your ability to drive safely. Arizona also enforces a zero-tolerance policy for certain drug metabolites, meaning you can be charged even if not currently impaired but have tested positive for prohibited substances found in ARS 13-3401.

Implied Consent (A.R.S. § 28-1321)

Refusing breath, blood, or urine testing after being arrested for suspicion of DUI can result in an automatic 12-month driver’s license suspension for first refusals and 24 months for second refusals within 84 months. Police may obtain a warrant for a forced blood draw, and refusals can be used against you in court to imply guilt.

Have you been charged with a DUI in Gilbert?

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The DUI Arrest and Court Process in Gilbert

Traffic Stop

Most arrests begin with a traffic stop for minor violations such as speeding, weaving, wide-turns, and/or equipment issues. Officers assess your behavior, speech, and appearance for signs of impairment. Admissions to drinking or visible signs of intoxication often lead to field sobriety tests.

Field Sobriety Tests

Standardized field sobriety tests include the horizontal gaze nystagmus, walk-and-turn, and one-leg stand. These tests are subjective and can be influenced by nerves, fatigue, medical conditions, or environmental factors like uneven pavement and poor lighting. Even over-the-counter medications can cause you to show cues of impairment when performing field sobriety tests.

Chemical Testing

Breathalyzers and blood tests measure BAC, but they must be administered correctly with properly calibrated equipment. Errors in administration, calibration, or chain of custody can render these results inadmissible.

Arrest and Booking

If probable cause is established, you will be arrested and booked at the Gilbert Police Department or the Maricopa County Jail, depending on charge severity.

Arraignment

Your first court appearance will be in Gilbert Municipal Court for misdemeanors or Maricopa County Superior Court for felonies. You must enter a plea (presumably of “not guilty”) and you will receive future court dates.

Pretrial Conferences and Suppression Hearings

Your attorney reviews police reports, dash cam footage, lab results, and calibration logs, files motions to suppress unlawfully obtained evidence where applicable and appropriate. Successful suppression motions can weaken the prosecution’s case and even result in dismissal.

Trial

If no pretrial resolution is reached, your case proceeds to a jury trial. AZ Defenders prepares every case thoroughly, cross-examines officers and lab technicians, presents expert testimony (in most DUI cases), and argues for acquittal based on the presence of reasonable doubt.

How AZ Defenders Builds Your Defense

Our Gilbert DUI attorneys analyze the legality of the traffic stop, field sobriety test procedures, chemical testing protocols, and constitutional compliance. We investigate whether officers had reasonable suspicion for the stop, probable cause for arrest, and whether the state’s testing met all procedural and scientific standards. 

We also explore medical defenses such as diabetes, hypoglycemia, neurological disorders, or GERD, which can mimic intoxication symptoms and/or affect breathalyzer test accuracy.

Collateral Consequences of DUI Convictions

DUI convictions affect more than court penalties. They impact employment, especially jobs requiring driving or security clearance(s). 

Nurses’, teachers’, and real estate agents’ professional licenses can be suspended or revoked. Insurance premiums often double or triple, and some carriers cancel policies altogether. 

Non-citizens may face deportation, visa revocation, or denial of naturalization. Housing applications are frequently denied due to criminal records, to make matters worse.

Why Acting Fast Matters

Hiring AZ Defenders immediately allows us to file an MVD hearing request within 30 days to contest license suspension, preserve crucial evidence, negotiate proactively with prosecutors, and build a comprehensive, aggressive defense strategy while details remain fresh.

Professional Consequences of DUI Convictions in Arizona

A DUI conviction in Gilbert can have serious repercussions on your professional licenses. Arizona licensing boards take criminal convictions seriously, even misdemeanors, and a DUI can trigger disciplinary investigations, license suspensions, or even revocations.

Nursing Licenses

The Arizona State Board of Nursing considers DUIs evidence of unprofessional conduct. Even a first-time misdemeanor DUI may lead to an investigation into your fitness to practice.

Potential outcomes include:

  • Formal reprimand on your license record
  • Mandated alcohol counseling or treatment programs
  • Probation with work restrictions
  • License suspension or revocation for repeat offenses or felony DUI convictions

It may also make it difficult to find jobs in the future and harm your reputation in the community. Having a DUI defense attorney is one of the best ways to protect yourself. 

Teaching Certifications

The Arizona State Board of Education requires certified educators to report DUI arrests and convictions. Depending on the circumstances, disciplinary action can include:

  • Written censure
  • Suspension of your teaching certificate
  • Revocation for felony convictions or multiple DUI offenses

A DUI can also affect employment within school districts, as many schools maintain zero-tolerance policies for criminal convictions involving substance abuse.

Real Estate Licenses

The Arizona Department of Real Estate requires disclosure of DUI convictions on license applications and renewals. Failure to report can result in automatic denial or revocation. 

The Department assesses:

  • The severity and recency of the offense
  • Whether the conviction indicates a pattern of behavior
  • Evidence of rehabilitation, such as completed treatment programs

License denial, suspension, or disciplinary restrictions are common outcomes, especially for multiple DUI convictions.

Commercial Driver’s Licenses (CDLs)

DUI convictions devastate commercial drivers. Arizona law imposes:

  • One-year CDL suspension for a first DUI conviction
  • Lifetime CDL revocation for a second conviction, with limited reinstatement options after ten years under strict conditions

These penalties apply regardless of whether the DUI occurred while driving a commercial vehicle or a personal vehicle. For CDL holders working in trucking, delivery, or transit, a DUI conviction often ends their career entirely.

How AZ Defenders Protects Your Professional Future

We understand that your career is just as important as your freedom. Our Gilbert DUI lawyers fight criminal charges by:

  • Building aggressive defenses to avoid conviction altogether
  • Pursue reductions to non-DUI charges, minimizing licensing impacts
  • Advise on self-reporting requirements to your board
  • Collaborate with administrative law counsel if board disciplinary proceedings are initiated

Protecting your license starts with fighting your DUI charges effectively. Let AZ Defenders safeguard both your freedom and your professional future.

Contact a Gilbert DUI Lawyer at AZ Defenders Today

Every day counts when defending against DUI charges. Let AZ Defenders protect your rights, your record, and your freedom.

Call (480) 456-6400 today or contact us online to schedule a free consultation with an experienced Gilbert DUI lawyer ready to fight for you.

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