Tempe DUI Lawyer

Tempe, Arizona’s driving under the influence (DUI) laws are among the strictest in the nation. Having an experienced DUI defense attorney can make all the difference in your DUI defense. 

A DUI conviction carries mandatory jail time, substantial fines, license suspension, ignition interlock requirements, and a criminal record that can follow you for life. 

Arizona DUI laws make having a skilled criminal attorney essential. While you can legally choose to represent yourself in Tempe, AZ, an experienced DUI defense attorney is better prepared to deal with the Tempe Court System than most defendants who represent themself.. 

Call our criminal defense attorneys at AZ Defenders at (480) 456-6400 or contact us online to set up a free consultation to discuss your DUI case with an experienced Tempe DUI attorney.

How Can a DUI Defense Attorney at AZ Defenders Protect Your Legal Rights?

DUI cases in Tempe are aggressively prosecuted. Tempe Police Department, ASU Police, and DPS frequently operate DUI task forces targeting high-traffic areas and events such as ASU football games at Sun Devil Stadium, Tempe Festival of the Arts, concerts at Tempe Town Lake, and nightlife along Mill Avenue and University Drive. 

Police officers patrol Apache Boulevard, Priest Drive, McClintock Drive, and Loop 202 exits specifically looking for impaired drivers during weekends and holidays. AZ Defenders is known for our aggressive, strategic approach to DUI defense. 

Unlike other firms that push clients into quick plea deals, we investigate every aspect of your case to build the strongest defense possible. Our skilled DUI lawyers:

• Includes former prosecutors who understand DUI prosecution tactics
• Knows Tempe Municipal Court procedures and local Tempe prosecutors
• Provides clear, direct communication so you always understand your options
• Builds a tailored defense strategy for each client rather than treating every case as routine and/or similar

We focus on results that protect your record, career, and personal life.

Tempe DUI Laws and Penalties

Arizona has some of the most severe penalties for DUIs in the country. 

Local courts take DUI charges seriously. Having a DUI attorney is one of the best ways to protect yourself in the legal system.

In Tempe, individuals face jail time with their first DUI. Even in the best cases, individuals can face collateral consequences, steep fines, and suspension of your driving privileges.

Regular DUI – A.R.S. § 28-1381

You can be charged with a regular DUI if your BAC (blood alcohol content) is 0.01% to 0.149% within two hours of driving.

First offense regular DUI penalties include mandatory minimums:

• 10 days of jail time, with 9 days potentially suspended upon completion of alcohol screening and counseling
• Over $1,500 in fines and court fees
• 90-day driver’s license suspension
• 12-month ignition interlock device installation
• Mandatory alcohol screening, education, and treatment

Second offenses within seven years carry harsher consequences, including longer jail time, increased fines, a one-year license revocation, and extended ignition interlock requirements.

Extreme DUI – A.R.S. § 28-1382(A)(1)

Extreme DUI charges apply when your BAC is greater than 0.15% but less than 0.20%.

Penalties include:

• 30 days in jail, with 21 days potentially suspended upon ignition interlock installation for 12 months
• Over $3,500 in fines and assessments
• 90-day driver’s license suspension
• 12-month ignition interlock requirement
• Mandatory alcohol screening and counseling

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

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

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

First offense penalties include:

• 45 days in jail, with all but 14 days potentially suspended upon ignition interlock installation for 12 months
• Substantially higher fines and fees
• 90-day license suspension
• 18-month ignition interlock requirement
• Mandatory alcohol counseling and treatment

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

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

Felony DUI is charged when:

• You commit a DUI while your license is suspended, revoked, or canceled
• You are arrested for a third DUI within seven years
• You commit a DUI with a child under 15 in the vehicle
• You have an ignition interlock device requirement on your driver’s license, and you are arrested for DUI in a vehicle without an ignition interlock device installed

Penalties include:

• Felony conviction on your record affecting employment, housing, and loss of certain civil rights
• Sentenced to a term in jail, and in many instance,s a mandatory minimum term of 4 months in state prison
• Driver’s license revocation
• Long-term ignition interlock device requirement
• Mandatory substance abuse education and treatment

A felony DUI conviction permanently alters your criminal record and can result in loss of voting rights and firearm ownership eligibility.

Drug DUI – A.R.S. § 28-1381(A)(3)

You can be charged with DUI for driving under the influence of drugs, including prescription medications, medical marijuana, or illegal substances, if they impair your ability to drive safely to the slightest degree. Arizona maintains a zero-tolerance policy for certain drug metabolites, meaning you can be charged even if you are not currently impaired but test positive for prohibited substances.

Implied Consent – A.R.S. § 28-1321

Refusing to expressly consent to a breath, blood, and/or urine test after a DUI arrest can lead to automatic administrative penalties for your Arizona driving privileges:

• 12-month driver’s license suspension for first refusal
• 24-month suspension for second refusal in 84 months

Police may obtain a search warrant for a forced blood draw, and your refusal is admissible in court as evidence suggesting guilt.

DUI Cases and Court Process in Tempe

Traffic Stop

DUI cases often begin with traffic stops for minor infractions such as speeding, drifting between lanes, rolling stops, wide turns, or equipment violations. Officers evaluate your behavior, speech, and coordination to determine if you show signs and symptoms of impairment.

Field Sobriety Tests

Tempe police commonly administer standardized field sobriety tests (SFSTs), including the horizontal gaze nystagmus, walk-and-turn, and one-leg stand. These tests are subjective and can be influenced by factors unrelated to impairment, such as anxiety, fatigue, medical conditions, injuries, uneven pavement surfaces, and/or over-the-counter medications.

Chemical Testing

Breathalyzers and blood tests measure BAC levels. For results to be admissible, police officers must follow strict procedures, and devices must be calibrated and maintained properly. 

Errors in administration, calibration, or chain of custody can invalidate the state’s alleged results.

Arrest and Booking

If probable cause is established, you will be arrested and taken to Tempe City Jail or Maricopa County Jail for booking, depending on whether you face misdemeanor or felony charges.

Arraignment

Your first court appearance is your initial appearance (for felonies) or not guilty arraignment (in misdemeanor cases). For misdemeanors, this occurs in Tempe Municipal Court; felony DUIs are heard in Maricopa County Superior Court. 

You will enter a plea of not guilty, and future court dates will be scheduled.

Pretrial Conferences and Suppression Hearings

Your attorney will review police reports, dash cam footage, lab results, and calibration logs to build your defense. Motions to suppress unlawfully obtained evidence may be filed depending on the facts specific to your case. 

Successful suppression of evidence from use against you in criminal court can substantially weaken the prosecution’s case, often leading to reduced charges and in some cases outright dismissal.

Trial

If no plea resolution is reached, your case proceeds to trial before a jury. AZ Defenders cross-examines officers and lab technicians, challenges the admissibility of evidence, presents expert witness(es) to dispute chemical test results, and argues for acquittal based on the existence of reasonable doubt.

How DUI Defense Representation Helps 

Our DUI defense attorneys protect your rights by:

• Determining if the traffic stop was legal
• Challenging field sobriety test administration and alleged results
• Investigating breathalyzer calibration, maintenance, and operator certification
• Examining blood testing procedures, lab protocols, and chain of custody
• Identifying medical conditions that can mimic symptoms of impairment
• Filing suppression motions for constitutional violations
• Negotiating with prosecutors for dismissals, reduced charges, or alternative sentencing options
• Representing you at MVD hearings to contest pre-conviction license suspensions

Having an attorney to handle these tasks can be essential in minimizing stress and consequences. 

Collateral Consequences of DUI Cases Under Criminal Law

A DUI conviction affects many aspects of your life beyond court penalties. Without a proper DUI defense, a conviction can:

• Lead to job loss, especially in education, healthcare, transportation, or government positions
• Result in professional license suspension or revocation for nurses, teachers, realtors, and other licensed professionals
• Double or triple auto insurance premiums or result in policy cancellation
• Cause immigration issues, including visa denial, revocation, or deportation for non-citizens
• Lead to housing application rejections due to criminal record checks

Additionally, convictions can affect personal relationships and your reputation in the community.

Contact a Criminal Attorney at Our Law Office Today for Experienced DUI Defense

Your legal rights matter. If you have been charged with DUI in Tempe, AZ, don’t wait. 

Let AZ Defenders handle your DUI defense representation. Our attorneys have over 200+ years of experience fighting for our DUI clients.

Whether you are facing a day of jail time or the maximum sentence in jail, our law firm knows Tempe, AZ, and criminal law. That means we have the experience to fight for you in the Tempe court system.

Call (480) 456-6400 today or contact us online to schedule a free DUI defense consultation with an experienced Tempe DUI lawyer ready to stand between you and the full force of Arizona’s DUI laws.