Long and Simmons Law602.795.8808
Arizona DUI Defense Attorney

You may not have felt impaired.

That matters. Arizona's slightest-degree standard lets the state build DUI cases from officer opinion, incomplete field testing, and chemical evidence that may not arrive for months.

Partner Jefferson Simmons knows what a properly conducted DUI investigation looks like, and where an arrest built on less than proof can be challenged.

30-day MVD deadline: You have 30 days from arrest to request a hearing and protect your license.
Criminal Law Specialist & Super Lawyer DUI DefenseFree Confidential ConsultationCall 602.795.8808
The Standard of Investigation

Arizona Has Harsh DUI Laws and a Low Evidentiary Bar for Arrest

Even a first-offense DUI can carry mandatory jail, license consequences, ignition interlock, and a permanent criminal record. The question is whether the arrest was justified by actual evidence of actual impairment.

Long & Simmons Law works every DUI case from the ground up. That means reviewing the investigation before anything else, pulling body camera footage, challenging blood and breath results where the science or procedure does not hold, and building toward trial from day one. Most cases resolve before a jury is seated. That outcome comes from the preparation, not from avoiding the work.

We defend first-offense DUI, extreme DUI, drug DUI, marijuana DUI, MVD hearings, and felony aggravated DUI. A DUI arrest is not a conviction. Between the traffic stop and the outcome is the work of a defense attorney who knows the system from the inside.

0.08%

Standard BAC limit, but Arizona can charge DUI below this under the slightest-degree impairment standard.

0.15%

Extreme DUI threshold, with enhanced mandatory jail and financial penalties.

10 days

Minimum jail exposure on a first-offense DUI conviction before reductions or suspensions.

30 days

Deadline to request an MVD administrative hearing after arrest to contest license suspension.

$0

Initial consultation with Long & Simmons Law.

DUI Defense Practice Areas

DUI Charges We Defend

From standard impairment to drug DUI to felony aggravated DUI, we challenge every element of the state's case, beginning with whether the stop was lawful and the investigation met the required standard.

Misdemeanor

DUI: Impairment to Slightest Degree

Arizona law permits DUI charges even below 0.08% BAC when an officer claims impairment to the slightest degree. We challenge the stop, observations, field testing, and body-camera record.

ARS 28-1381(A)(1)
Misdemeanor

DUI: Per Se BAC 0.08%+

A blood or breath result at 0.08% or higher creates a per se DUI allegation. We examine chain of custody, testing methodology, warrants, and the two-hour driving window.

ARS 28-1381(A)(2)
Drug DUI

DUI: Drugs & Marijuana

Legal marijuana does not legalize impaired driving. Arizona has no THC nanogram threshold, so active THC allegations require careful review of timing, impairment evidence, and toxicology.

ARS 28-1381(A)(3)
Enhanced

Extreme & Super Extreme DUI

A BAC of 0.15% or 0.20% sharply increases mandatory penalties. Higher alleged numbers make the blood draw, lab work, and warrant process more important, not less.

ARS 28-1382
Felony

Aggravated DUI

A third DUI, suspended-license driving, a minor passenger, or wrong-way highway driving can elevate DUI to a Class 4 felony with mandatory prison exposure.

ARS 28-1383
Zero Tolerance

Juvenile DUI

Arizona strictly enforces under-21 alcohol and drug driving allegations. We defend juvenile DUI cases with attention to both immediate penalties and long-term record consequences.

ARS 28-1381
What the Law Actually Requires

Critical Facts About Arizona DUI Law

Most people arrested for DUI do not know these issues. They should, because each one can become a line of defense.

The Slightest Degree Standard

Arizona allows prosecutors to charge DUI even if BAC is below 0.08%, provided the state claims impairment to any degree. That makes the officer's observations, body-camera footage, and field tests central defense evidence.

Marijuana DUI Has No Nanogram Threshold

Arizona has no THC nanogram limit. Any detectable active THC can support a charge, but the state still must prove impairment or a legally valid active-metabolite theory.

Odor Alone Is Not Proof of Impairment

The smell of alcohol or marijuana does not establish impaired driving. Odor can come from prior occupants, passengers, containers, or lawful earlier consumption.

Implied Consent Has Separate Consequences

A refusal can trigger a one-year license suspension even without a conviction. If consent is refused, officers must obtain a warrant before compelling blood, and that warrant can be challenged.

To be arresting citizens without proof of impairment based on smell alone and flawed roadside tests is not where DUI enforcement in Arizona should be.
ARS Penalty Reference

Arizona DUI Penalties at a Glance

These are statutory reference points. Actual outcomes depend on the facts, criminal history, jurisdiction, and the strength of available defenses.

ChargeStatuteMinimum JailFineLicenseClassification
1st Offense DUIARS 28-138110 days$250 + assessments90-day suspensionClass 1 Misdemeanor
2nd Offense DUIARS 28-1381(K)90 days$500 + assessments1-year revocationClass 1 Misdemeanor
Extreme DUIARS 28-138230 days$250 + assessments90-day suspensionClass 1 Misdemeanor
Super Extreme DUIARS 28-1382(B)45 days$500 + assessments90-day suspensionClass 1 Misdemeanor
Aggravated DUIARS 28-13834 months prisonVaries3-year revocationClass 4 Felony
How We Build Your Defense

A DUI Arrest Is Not a Conviction

Every DUI case is built on an investigation. Every investigation has steps. Every step has a legal and constitutional standard it was required to meet.

01

Scrutinize the Traffic Stop

Every stop must be legally justified. We examine the stated reason for pulling you over and compare it against dashcam, body camera, and the constitutional reasonable-suspicion standard.

02

Challenge Field Sobriety and DRE Evaluations

Roadside tests are subjective and often affected by conditions unrelated to impairment. DRE claims are only as strong as the officer's certification, protocol compliance, and scientific support.

03

Examine Blood and Chemical Evidence

Blood results are not automatically reliable. We review warrants, consent, chain of custody, lab procedures, active versus inactive metabolites, and whether results prove impairment at driving.

04

Review All Body-Camera Footage

Body camera often shows speech, balance, responsiveness, and demeanor more accurately than a report. When the video does not match the claimed impairment progression, it matters.

05

Protect Driving Privileges

DUI triggers both criminal court and MVD administrative deadlines. You have 30 days from arrest to request a hearing, and we manage that track while defending the court case.

Frequently Asked Questions

Arizona DUI: Questions That Matter

Every situation is different. These are the issues that most often matter after a DUI arrest or investigation in Arizona.

What happens immediately after a DUI arrest in Arizona?

Two separate processes begin: the criminal case in court and the MVD administrative proceeding that can suspend your driver's license independently of the criminal result.

You have 30 days from arrest to request a hearing contesting the administrative suspension. Missing that deadline can result in automatic suspension.

Can I refuse a breathalyzer or blood test in Arizona?

You can refuse, but Arizona's implied consent law makes refusal costly. A refusal can trigger a one-year license suspension even if you are not convicted.

If you refuse, officers generally need a search warrant before compelling a blood draw. We scrutinize that warrant and the blood draw process.

Can I be charged with DUI if I was below the legal limit?

Yes. Arizona's slightest-degree standard permits a DUI charge below 0.08% when the state claims any degree of impairment.

Those cases are highly contestable because they often depend on subjective observations, field sobriety tests, and report language that body-camera footage may undermine.

Can I get a DUI for marijuana in Arizona even if it is legal?

Yes. Marijuana can be legal to possess but illegal to use before driving if it impairs you. Arizona has no THC nanogram threshold.

Drug DUI blood results can take months, which creates a pre-file window to prepare the defense before the state has a complete toxicology picture.

What is an Aggravated DUI in Arizona?

Aggravated DUI is a felony DUI, commonly triggered by a third DUI within 84 months, driving on a suspended license, a minor under 15 in the vehicle, or wrong-way highway driving.

It can carry mandatory prison, license revocation, and a felony record.

What happens to my driver's license after a DUI arrest?

Your license is at risk through the MVD process and through any criminal conviction. The MVD hearing deadline is usually 30 days from arrest.

We handle both tracks together so the criminal defense and license strategy do not work against each other.

How long do DUI blood test results take in Arizona?

Alcohol panels may return within weeks or a couple of months. Drug DUI panels, especially marijuana cases, can take four to six months.

A delayed result is not dead time. It is a strategic window for evidence preservation, body-camera review, and early defense planning.

Do I need a lawyer for a first-offense DUI in Arizona?

Yes. Even a first offense can carry mandatory jail, fines and assessments, license suspension, ignition interlock, traffic survival school, insurance consequences, and a criminal record.

A first offense is still a serious criminal case, and the quality of the investigation should be challenged from the beginning.

Local Court Representation

Regularly Appearing in Maricopa County Courts and Throughout Arizona

DUI cases are often prosecuted at the city court level. Local knowledge of judges, prosecutors, procedures, and jurisdiction tendencies matters.

Phoenix Municipal Court

Phoenix, AZ

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Scottsdale City Court

Scottsdale, AZ

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Tempe Municipal Court

Tempe, AZ

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Paradise Valley Municipal Court

Paradise Valley, AZ

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Mesa Municipal Court

Mesa, AZ

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Gilbert Municipal Court

Gilbert, AZ

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Chandler City Court

Chandler, AZ

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Glendale Municipal Court

Glendale, AZ

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Peoria Municipal Court

Peoria, AZ

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Goodyear Municipal Court

Goodyear, AZ

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Fountain Hills Municipal Court

Fountain Hills, AZ

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Maricopa County Superior Court

Felony DUI

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Take the First Step

Your Defense Starts With One Call.

Every hour after a DUI arrest matters. Evidence can disappear, deadlines can pass, and your options narrow. Call for a free, confidential consultation.

Free Confidential Consultation602.795.8808