DUI Attorneys in Phoenix

Defense for Criminal Charges & Arizona MVD Action

A DUI arrest in Phoenix can start two separate proceedings: a criminal case and an Arizona Motor Vehicle Division action against your driving privileges. The evidence may involve alcohol, drugs, or both, and an arrest doesn’t make a conviction automatic. Early review matters because a request for an Arizona MVD hearing generally must be made within 30 days of the suspension notice in applicable cases.

Our attorneys represent clients throughout Arizona and have experience in courts across Maricopa County. We review the arrest, chemical testing, traffic-stop evidence, video, and license documents to identify the issues that can affect both parts of the case.

Cates & Reed, PLLC handles the following DUI charges in Phoenix:

• Drug DUI (or DWI)
• Felony DUI
• First DUI
• Multiple DUI
• Underage DUI

Arizona law generally uses DUI for allegations involving alcohol, drugs, or a combination of substances. DWI is often used conversationally, but it isn’t a separate Arizona offense based solely on whether drugs or alcohol caused the alleged impairment. We assess the specific statute, evidence, and procedural history involved in each charge.

Reach out online Cates & Reed, PLLC today or call us at (480) 864-3807 for a confidential consultation about your arrest, testing, and Arizona MVD notice. Our phones are answered 24/7 for urgent legal matters.

Arizona DUI Laws & License Consequences

Under Arizona law, a driver can face DUI charges based on impairment by alcohol, drugs, or a combination of substances. For most adult drivers, a blood alcohol concentration of 0.08% or higher supports a standard alcohol-based allegation. A driver can also be charged below 0.08% when the state alleges impairment to the slightest degree.

Arizona recognizes several DUI categories:

• Standard DUI: Driving or being in actual physical control of a vehicle while impaired, or having a blood alcohol concentration of 0.08% or higher within two hours of driving.
• Extreme DUI: Having a blood alcohol concentration of at least 0.15% but less than 0.20% within two hours of driving or actual physical control.
• Super Extreme DUI: Having a blood alcohol concentration of 0.20% or higher within the applicable period.
• Aggravated DUI: A DUI involving a circumstance identified by Arizona’s felony statute, such as certain license restrictions, ignition-interlock requirements, repeat offenses, wrong-way driving, or a passenger under 15.

Actual physical control means having present control over a vehicle even when it isn’t moving. Whether a person had actual physical control depends on the circumstances, including the vehicle’s location, whether it was running, and where the keys and driver were located.

Implied Consent & Arizona MVD Proceedings

Arizona’s implied-consent law provides that a person arrested for DUI must submit to designated testing of blood, breath, urine, or another bodily substance when the statutory requirements are met. A refusal can trigger an administrative license suspension separate from any punishment imposed by a criminal court.

The Arizona MVD process can begin before the criminal charge is resolved. The suspension notice, test result, refusal allegation, and deadline for requesting a license suspension hearing should therefore be reviewed promptly. Success in one proceeding doesn’t automatically determine what happens in the other.

First-Time DUI Charges in Phoenix

A first-time misdemeanor DUI in Arizona can be based on a blood alcohol concentration of 0.08% or higher, but the analysis isn’t limited to that number. The state may also allege that alcohol, drugs, or another substance impaired you to the slightest degree.

A first standard DUI conviction can involve jail, fines and assessments, community service, alcohol or drug screening, education or treatment, and restrictions on driving privileges. Arizona MVD guidance also identifies a 12-month certified ignition interlock device requirement for a standard DUI conviction, although a reduction may be available in qualifying circumstances.

The consequences aren’t determined by a single label. The charged statute, chemical test results, prior record, refusal history, and the court handling the matter can all affect the analysis. Municipal and justice courts generally handle misdemeanor charges, while felony allegations proceed in superior court.

Second & Repeat DUI Allegations

A prior DUI conviction can increase the potential consequences of a new charge. Arizona MVD guidance treats any combination of Standard or Extreme DUI offenses within seven years as relevant to its second-offense analysis.

Determining whether a case qualifies as a repeat offense requires more than comparing arrest dates. The review may include prior conviction records, the dates of the alleged offenses, the statutes involved, and periods excluded from the statutory calculation because the person was incarcerated.

Third or subsequent allegations within seven years can create greater license-revocation and ignition-interlock consequences. Depending on the facts and charged subsection, repeat conduct can also support an aggravated DUI allegation. Our review distinguishes a prior arrest from a prior conviction and examines whether the state can prove the historical allegation it intends to use.

Extreme DUI Charges

An Extreme DUI allegation generally involves a blood alcohol concentration of at least 0.15% but less than 0.20% within two hours of driving or actual physical control. This category carries mandatory consequences that are more severe than those for a standard DUI.

A defense review can address when the test occurred, how the sample was collected, whether the instrument was operating properly, and whether officers or laboratory personnel followed required procedures. The relationship between the test time and the time of driving can also matter. A rising blood alcohol concentration argument concerns whether alcohol was still being absorbed, causing the test result to be higher than the person’s concentration while driving.

A conviction can involve jail, financial assessments, screening or treatment, community service, and an ignition interlock device. The specific sentence depends on the offense history, evidence, applicable statute, and rulings made by the court.

Super Extreme DUI Charges

A blood alcohol concentration of 0.20% or higher can support a Super Extreme DUI allegation. Because the charge depends heavily on a specific test result, the collection method, testing timeline, maintenance records, and laboratory or instrument documentation can become central issues.

Arizona MVD guidance identifies an 18-month ignition-interlock requirement for a first Super Extreme DUI conviction and 24 months for a second offense within seven years. Other criminal and administrative consequences depend on the charged statute, prior record, and facts established in court. Device expenses, total assessments, and jail calculations can vary, so they require a case-specific review rather than a fixed estimate.

Aggravated DUI Charges in Arizona

A DUI can become an aggravated allegation when specified circumstances are present. These can include driving while a license is suspended, revoked, or restricted; driving while required to use an ignition interlock device; committing qualifying repeat offenses; driving the wrong way; or having a passenger under 15.

Aggravated DUI allegations don’t all fall under the same classification or sentencing structure. The exact statutory subsection determines the felony classification and the issues the prosecution must prove. License status, notice records, prior convictions, ignition-interlock records, and the circumstances involving a passenger or wrong-way allegation may require separate analysis.

How We Approach Phoenix DUI Defense

Dwane Cates is board-certified in Criminal Law by the State Bar of Arizona. Our attorneys have collectively handled thousands of cases in Arizona state and federal courts.

Clients work directly with our attorneys rather than being routed through case managers, paralegals, or rotating staff. We conduct an independent evidence review, interview witnesses when appropriate, and scrutinize law-enforcement procedures for potential constitutional violations.

A DUI case review may include:

• The stated reason for the traffic stop and the officer’s observations.
• Body-camera, dash-camera, dispatch, and roadside video.
• Field sobriety testing instructions and recorded performance.
• Breath or blood testing records, timing, and procedures.
• Statements attributed to the driver and any available witness accounts.
• Arizona MVD notices, hearing deadlines, and license records.

Legal Defenses Against DUI Charges

Just because you were arrested for DUI doesn’t mean you’ll automatically be convicted. Possible defenses depend on the facts, the charged statute, and the evidence the state can lawfully present.

Challenging the Traffic Stop

Police officers must have a valid legal reason to stop your vehicle. Reasonable suspicion means specific facts suggesting that a traffic violation or crime occurred. If the officer lacked a lawful basis for the stop, evidence collected afterward may be challenged in court.

An officer generally needs probable cause, meaning facts that would lead a reasonable person to believe an offense occurred, before making a DUI arrest. Video, statements, driving observations, field sobriety tests, and other evidence can be compared with the officer’s report to evaluate that decision.

Questioning Field Sobriety Tests

Field sobriety tests aren’t direct measurements of blood alcohol concentration. Medical limitations, fatigue, footwear, balance issues, surface conditions, and unclear instructions can affect performance. Video may show whether the officer administered the tests consistently with the account recorded in the report.

Challenging Breath or Blood Test Results

Chemical testing equipment must be maintained and testing procedures must be followed. A review may address calibration, required observation periods, sample collection, preservation, and laboratory methods. Chain of custody means the documented handling of a sample from collection through testing, and gaps can raise questions about the evidence.

Constitutional Violations

If law enforcement violated constitutional protections during the stop, arrest, search, testing process, or questioning, our attorneys can evaluate whether a motion to suppress evidence is supported. Suppression means asking the court to exclude evidence obtained unlawfully. The available remedy depends on the violation and its relationship to the evidence.

Frequently Asked Questions

What Should I Do After a DUI Arrest in Phoenix?

If you’re arrested for DUI, remain calm and cooperate with lawful instructions. Avoid discussing the facts with people other than your attorney. Gather the citation, release documents, testing paperwork, vehicle information, and Arizona MVD notice, then contact our DUI attorneys promptly so the evidence and applicable deadlines can be reviewed.

Do I Need a Lawyer for a DUI Charge?

Legal representation isn’t required, but a DUI lawyer can evaluate the criminal charge and related Arizona MVD action, challenge evidence when legally supported, communicate with prosecutors, and explain available options. The appropriate strategy depends on the record and circumstances of the individual case.

If you or a loved one has been arrested for DUI, call us at (480) 864-3807 to speak directly with our attorneys about the criminal charge and Arizona MVD action. You can also contact us to schedule a confidential consultation.