Standard First Offense DUI

STANDARD FIRST OFFENSE DUI IN PHOENIX, AZ

Being Impaired or Having an Alcohol Concentration Above the Legal Limit

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Let’s Turn Two DUIs Into One

DO YOU HAVE A PHOENIX OR SCOTTDALE ARIZONA DUI PROBLEM?

It’s not what you thought. Before today you had an idea of what a DUI was in your mind.  Chances are you are discovering the offense is much different than you imagined.

An Arizona DUI Citation

Arizona law essentially divides a DUI into two legally separate, but factually related offenses.  The specific statute that contains both offenses is A.R.S. 28-1381.  The first way to violate the law is by driving while impaired by alcohol.  The second is driving with an alcohol concentration of at least .08. Just about everyone arrested for a DUI in Arizona will get charged with, at least two, separate but related DUI offenses.

After being arrested you get a piece of paper called a citation. It’s just a list of everything they claim you did wrong. You expect it to say DUI. But, it says more. The citation claims that you committed two DUI’s. At this point, you’re thinking this is crazy. After all, how can someone get two DUI’s for the same case? 

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The Two Phoenix Arizona

DUI Offenses


 Driving while being impaired to the slightest by alcohol

Driving having an alcohol concentration of .08 or greater

What’s the Difference?

Scientifically speaking, there is not much difference between the two charges.  It is generally accepted in the scientific community that if you have an alcohol concentration of .08, then you are impaired for the task of driving. Put another way, if you are impaired by alcohol, then you also likely have an alcohol concentration above the legal limit (and vice versa). The law makes a distinction without there being much of a factual difference as to what is going on in your body. 


The real legal difference is the timing of a DUI violation.  The impaired charge concerns your physical and mental condition at the time of driving. However, the per se charge that alleges your alcohol concentration is above the legal limit goes beyond the time of driving.  It concerns your alcohol concentration up to 2 hours after driving.


Here’s the kicker: So how do your two DUI charges become one? The answer is Arizona DUI laws require that, if you are convicted of both charges, the penalties must run concurrently.  Put another way, courts are not permitted to increase the penalty if you are convicted of both counts of DUI.

Why Two DUI Crimes?

The law’s legislative history does not state why Arizona’s DUI statute has two separate charges that basically mean the same thing.  However, it’s fairly obvious it was (at least in part) to make defending DUI allegations more difficult.


Juries are not told anything about punishment.  However, it’s human nature to think about it.  In cases where they struggle to make a decision, sometimes they work backward using false assumptions about punishment. They come to think, in the end, that the judge will do the right thing.  They do this not knowing a conviction removes a judge’s discretion from deviating from mandatory minimum sentences.


Therefore, despite being instructed not to compromise, it commonly occurs.  They split the verdict by voting guilty on one count and not guilty on the other.


It's Not Only Driving. Arizona’s DUI laws cover more than just driving while impaired or being above the legal limit.  Being in actual physical control of a vehicle is considered the same as driving. 

Arizona DUI Laws

  • A.R.S. 28-1381(A)(1) - Impaired | Driving or Actual Physical Control While Under the Influence

    § 28-1381(A)(1) Driving or actual physical control while under the influence


    A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances:

    1. While under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree.


  • A.R.S. 28-1381(A)(1) - .08(+) | Driving or Actual Physical Control While Under the Influence

    § 28-1381(A)(1). Driving or actual physical control while under the influence


    A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances:

    2. If the person has an alcohol concentration of 0.08 or more within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle.


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Phoenix, Arizona DUI First Offense FAQS

  • Is an Arizona DUI a felony or misdemeanor?

    A first offense DUI is a misdemeanor unless there other specific circumstances present (i.e. suspended license, wrong way driving, child in vehicle, etc). Misdemeanor DUI cases are usually prosecuted in Municipal (City) courts of Justice Courts. These are called limited jurisdiction courts. Accordingly, if a case is filed in Scottsdale City Court, Phoenix Municipal Court or West Mesa Justice Court then it can’t be a felony. Because those types of courts don’t have jurisdiction to hear anything but misdemeanors.

  • What is the required culpable mental state for DUI?

    The crime of DUI does not require proof of a culpable mental state.

  • Do you have a right to get your own blood test?

    A power suspected DUI has a due process right to gather independent evidence of sobriety while it still exists, so long as the exercise of that right does not unduly delay or interfere with the law enforcement investigation. 

  • Do you have the right to talk with an attorney before a blood test?

    Despite the statutory two-hour window for taking a breath test, a defendant is entitled to the advice of counsel when in custody, and the state may not unreasonably restrict that right.

  • What are the defenses to an Arizona DUI?

    Yes.  We have an entire section devoted exclusively to DUI defenses.

  • What if I am an out-of-state visitor who was arrested for DUI?

    It is extremely common that someone who is visiting Arizona from another state is arrested for DUI. I regularly handle these cases.  I make every effort to have you appear telephonically with both the court and the Department of Motor Vehicles.


    An Arizona DUI may affect your driving privileges in the state you reside in. Consequences vary by state. In addition, depending on the court in which your DUI is being prosecuted and the facts of the case, you may be able to resolve your DUI without returning to Arizona.


  • In Arizona what is the punishment for your first DUI offense?

    The penalties for being convicted of a DUI in Arizona can include: 

    • Driver License Suspension
    • Fines
    • Incarceration (a term of jail)
    • Installation of an Ignition Interlock Device
    • Substance abuse screening and recommended treatment

Misdemeanor DUI Penalties in Phoenix & Scottsdale

"Lawrence represents very high-profile clients who greatly depend on a good outcome, and this guy will deliver. 

This is a prosecutor's worst nightmare, and it should be that way if you need an attorney."

- David E.

Real Client's Husband, Phoenix, AZ

Hiring an Experienced Scottsdale, Phoenix DUI/DWI Attorney

Arizona DUI law is extremely complicated and has severe consequences. DUI law is commonly referred to as a minefield. An attorney must be competent in the Arizona Rules of “Criminal” Procedure, the Arizona Rules of Evidence, the United States and Arizona Constitutions, and the Arizona Department of Motor Vehicles Rules and Regulations.


An attorney cannot do anything for you unless he or she has extensive experience in these areas.  Police officers are only human and do commit legal errors.  However, only an experienced DUI attorney will be able to find these errors and use them to help his or her client.


You should choose an experienced DUI attorney for the same reason you should choose a qualified doctor. If you break your wrist, you go to a doctor that specializes in wrist injuries. When you are charged with a DUI, you should hire a qualified DUI attorney.


An experienced Arizona DUI attorney can analyze your case for legal errors and defenses. He or she can have blood samples independently analyzed, look for suppression issues, review calibration / COBRA records of breath machines, find the right expert witnesses for your trial, and assist you with your driver’s license issues.

For more information, call our office at (602) 494-3444 or visit our contact page.
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What Real People Are Saying

That is, DUI cases actually dismissed. Verifiable not guilty verdicts. Blood alcohol evidence truly suppressed as witnessed by judges, other lawyers, and newspapers.

Real Client's Husband, Phoenix, AZ

"Lawrence represents very high-profile clients who greatly depend on a good outcome, and this guy will deliver. 

This is a prosecutors' worse nightmare, and it should be that way if you need an attorney."

 - David E.

REAL CLIENT, PHOENIX, AZ

It was miracle!... A lot of people don't really understand the benefit of having an attorney who used to be a prosecutor. They know all the little tricks and scare tactics the state has as opposed to just hiring an attorney who is a little fish in a big pond."

 - Joe C.

Contact Us Today!

For more information, call our office at (602) 494-3444 or fill out the form and we will get back to you.

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