If you were just arrested for a first offense DUI in Arizona, the most urgent thing to know is that two separate cases begin at once. One is the criminal case in court. The other is an administrative case with the Arizona Motor Vehicle Division (MVD) that threatens your driver's license. The MVD case has a very short deadline, and missing it can cost you the chance to challenge the suspension.
A first DUI is usually charged as a misdemeanor, but it is still serious. It can bring jail time, fines, license consequences, and a criminal record. The good news is that the process follows a fairly predictable path, and there are often real options at each step.
This article walks through that path in order, from the night of the arrest to resolution. It is general information, and every case is different, so use it as a roadmap rather than a prediction.
The Night of the Arrest
After a DUI arrest in Phoenix or elsewhere in Maricopa County, you are typically booked, and you may be asked to give a breath, blood, or urine sample. Officers generally release first-time DUI arrestees after processing, sometimes to a sober adult, sometimes with a citation and a court date.
You will likely be handed paperwork. Keep every page. It usually includes:
- A notice of suspension from the MVD (often the officer's form that also serves as a temporary driving permit)
- A citation or release paperwork listing the charges and a court date
- Property and impound information if your vehicle was towed
Write down what you remember as soon as you can: where you were drinking, what you ate, when you drove, what the officer said, and what tests you were asked to do. Memories fade fast, and those details can matter later.
The MVD Deadline: Act Within 15 Days
Arizona's administrative process is separate from the criminal case. If you took a test and it showed a blood alcohol concentration (BAC) of 0.08 or more, or if you refused testing, the MVD can suspend your license regardless of what happens in court.
Here is the part people miss. The paperwork from the officer typically works as a temporary permit that lasts about 15 days. After that, the suspension can begin unless you have asked for a hearing. Your notice will state the exact deadline that applies to you, but the safest approach is to treat 15 days as your working deadline and request the hearing right away. Do not wait to see how the criminal case goes.
What the MVD hearing is
The hearing is narrower than a criminal trial. It focuses on questions such as whether the officer had a lawful reason to stop you, whether there was reasonable basis to believe you were driving under the influence, and whether testing was done properly. It can also give your attorney an early chance to question the officer under oath, which can be valuable for the criminal case.
Winning the hearing is not guaranteed. But skipping it usually means giving up the opportunity entirely.
Suspension and ignition interlock
If the suspension goes forward, a first-time suspension is commonly around 90 days, and an ignition interlock device (a breath-testing device wired to your vehicle) is often required for some period. The details depend on your situation, including whether you refused testing, so confirm them for your specific case. For more on penalties, see our overview of Arizona's DUI penalties.
The Charges You May Face
A single traffic stop often produces more than one DUI count. Common ones include:
- Impaired to the slightest degree, which does not depend on a specific BAC number
- BAC of 0.08 or more within two hours of driving
- Extreme DUI, for a higher BAC (0.15 or more), which carries stiffer minimum penalties
- Super extreme DUI, for a BAC of 0.20 or more, with stiffer penalties still
Prosecutors sometimes file several counts and later resolve some of them as part of a plea. Which counts you face affects your options, so read the charging paperwork carefully.
Arraignment: Your First Court Appearance
The arraignment is your first court date. In Phoenix, a DUI may be handled in Phoenix Municipal Court or in a Maricopa County justice court, depending on where the arrest happened and which agency made it. Your paperwork tells you which court and when.
At the arraignment, the court:
- Confirms who you are and informs you of the charges
- Addresses release conditions
- Takes your plea, which is almost always not guilty at this stage
- Sets future dates
A not-guilty plea does not mean you are claiming to be a perfect citizen. It simply preserves your rights while your lawyer reviews the evidence. Missing an arraignment can lead to a warrant, so do not skip it. An attorney can often appear with you and handle things smoothly.
The Pretrial Phase: Where Cases Are Often Decided
After arraignment, your attorney requests the prosecution's evidence, which is called disclosure. In a DUI case that commonly includes:
- Police reports and any body-worn or dash camera video
- Breath-test or blood-test results and related records
- Calibration and maintenance records for testing equipment
- Dispatch records and witness statements
This is when problems in a case can surface. Common areas a defense lawyer looks at include whether the traffic stop was justified, whether field sobriety tests were given and scored properly, whether testing was done within proper procedures, and whether lab results were handled correctly. Not every case has an issue, but it is worth a careful review.
Possible Outcomes
Cases resolve in a few general ways.
Dismissal or reduced charges
If evidence is weak or legal problems exist, the charges may be dismissed or reduced, sometimes to a lesser offense. No one can promise this, but it is a real possibility in some cases.
A plea agreement
Many first offense DUI cases end with a negotiated plea. Penalties in Arizona for a first DUI usually include some combination of fines and fees, a short jail term (often with most of it suspendable if you complete requirements such as alcohol screening or education), probation, ignition interlock, and license consequences. Exact amounts and terms vary by charge and court, so ask about your specific case.
Trial
If the case goes to trial, the prosecution has to prove the charge beyond a reasonable doubt. Some people choose trial when they believe the evidence has real weaknesses. A lawyer can explain the risks and benefits based on your facts.
Long-Term Effects to Plan For
Even a first DUI can affect insurance rates, employment, professional licenses, and future charges. A DUI conviction counts toward penalties if you are arrested again within the lookback period. Because DUI is generally a misdemeanor, the difference between felony and misdemeanor charges matters, and certain aggravating factors, such as driving on a suspended license, can raise a DUI to a felony.
After a case ends, you may eventually be able to ask the court to clear your record in some situations. See our guide on how to get a criminal record set aside in Arizona to understand what may be available and what is not.
Next Steps
If you were just arrested, here is a simple checklist:
- Find your MVD paperwork and note the deadlines today.
- Request the MVD hearing within the window, ideally within 15 days.
- Write down everything you remember about the stop and arrest.
- Do not discuss the case on social media or with anyone but your attorney.
- Do not drive if your license is suspended.
For general guidance on the first hours after any arrest, read what to do if you're arrested in Arizona. To learn how we approach these cases, visit our DUI defense page or learn about attorney Jess A. Lorona, a former prosecutor with 43 years of criminal defense experience.
Lorona Mead, PLC offers free consultations and is available 24/7. Call (602) 385-6818 or use our contact page to talk through your situation. This article is general information, not legal advice for your case.
