R&R Law Group defends people charged with DUI and DWI in Scottsdale and throughout Maricopa County. Most people facing a DUI want to know two things right away: how serious the charge is and what happens next.
Arizona has tree levels of DUI charges, standard, extreme, and aggravated, and the level shapes the penalties you face and which court hears your case.
From the first call, R&R Law Group provides Safety, Clarity, and Hope: a safe space to discuss your case, a clear understanding of where you stand, and hope for your future. Meet our Scottsdale criminal defense team or reach out to us at (602) 497-3088 for a free case evaluation.
How R&R Law Group Defends Scottsdale DUI Charges
Every DUI defense starts with the same three questions. Was the stop lawful? Was the testing done correctly? Can the state prove you were in actual physical control of the vehicle?
We work every DUI case as a team of criminal defense attorneys, not one lawyer handling a file alone. Each attorney brings different experience to the case, from the traffic stop to the testing to the charge the state filed.
DUI work sits inside our broader criminal defense practice, alongside the assault, theft, and drug cases that often arrive with it. If your charges are elevated to a felony, aggravated DUI charges in Arizona carry their own rules and penalties.
What Arizona Counts as Driving Under the Influence
It is illegal in the state of Arizona to be driving or be in actual physical control of a vehicle when impaired by drugs or alcohol. Section 28-1381 of the Arizona Revised Statutes lists five circumstances:
- Impairment to the slightest degree by liquor or any drug
- An alcohol concentration of 0.08 or more within two hours of driving
- Any listed drug, or its metabolite, in the body at any level
- An alcohol concentration of 0.04 or more in a commercial motor vehicle
- An alcohol concentration of 0.04 or more in a vehicle for hire, including ride-hailing driving
A driver can be charged with impairment to the slightest degree without a high test result and without any proof of unsafe driving. Actual physical control means having control of the vehicle, such as sitting in the driver’s seat with the engine running, even if the vehicle never moved.
Misdemeanor, Extreme, or Felony: The Three Levels of an Arizona DUI
Arizona sorts impaired-driving charges into three levels. The first two are a standard DUI and an extreme DUI at an alcohol concentration of 0.15 or more. The third is an aggravated DUI, a felony charge based on specific circumstances, such as driving on a suspended license, rather than on the test result.
The table below adds a fourth row for the child-passenger variant of aggravated DUI, since it carries its own class and minimum jail time.
Both extreme DUI tiers, covered under Section 28-1382 of the Arizona Revised Statutes, stay class 1 misdemeanors, the same classification as a standard DUI. Attorneys and courts often call the 0.20-and-above tier a Super Extreme DUI, though Arizona’s statute itself doesn’t use that term. Five specific triggers, covered under Section 28-1383, turn the same charge into a felony.
| Charge level | What triggers it | Class | Minimum jail or prison | Court |
|---|---|---|---|---|
| Standard DUI | Impairment to the slightest degree, or 0.08 or more | Class 1 misdemeanor | Ten consecutive days, first violation | Scottsdale City Court |
| Extreme DUI | 0.15 to below 0.20, or 0.20 or more | Class 1 misdemeanor | Thirty consecutive days at the lower tier, forty-five at the higher | Scottsdale City Court |
| Aggravated DUI | Suspended license, third violation within eighty-four months (seven years), interlock order, or wrong-way driving | Class 4 felony | At least four months in prison | Maricopa County Superior Court |
| Aggravated DUI, child passenger | A passenger under fifteen in the vehicle | Class 6 felony | The same minimum jail time as the underlying DUI: ten days for a standard DUI, thirty or forty-five days for an extreme DUI | Maricopa County Superior Court |
What triggers the charge, not the test reading, decides the courthouse.
The Penalties for a First DUI in Arizona
A first standard DUI conviction in Arizona carries a minimum of ten consecutive days in jail and a fine of at least $250. A judge may suspend all but one of those days if you complete a court-ordered alcohol or drug screening, education, or treatment program.
These are statutory floors, not predictions for any one case. Other consequences follow a DUI conviction in Arizona:
- Extreme DUI adds minimum fines of $250 at the lower tier and $500 at the higher one.
- The judge also orders alcohol or drug screening at a state-approved facility, with education or treatment where the judge finds a need.
- The court may require you to complete traffic survival school, a state-approved driver safety course.
- A DUI conviction counts as a prior offense for eighty-four months (seven years), so a new DUI within that window carries harsher penalties.
Ignition Interlock Requirements After a DUI Conviction
A standard DUI conviction involving alcohol requires installation of a certified ignition interlock device before you can drive again, even when the case is a misdemeanor. The court can also extend that requirement beyond twelve months if it orders alcohol or drug screening, education, or treatment first.
A second offense within eighty-four months (seven years) carries a mandatory one-year license revocation, with interlock required once driving privileges are reinstated.
The Court That Hears a Scottsdale DUI Case
A misdemeanor DUI charged within the Scottsdale city limits is heard in the Scottsdale City Court. Arizona law shares that authority between the city court and the local justices of the peace for state-law violations committed inside the city.
An aggravated DUI is a felony, so it belongs to the Maricopa County Superior Court instead, under the authority Arizona’s constitution gives the superior court over felony cases.
A felony DUI case also goes through more formal steps before trial, such as a grand jury or preliminary hearing. Because the court determines how the case moves forward, confirming it is one of the first things we do on every case.
What Happens to Your Driver’s License After a Scottsdale DUI Arrest
Your driver’s license case runs separately from your criminal case. After a DUI arrest with a qualifying test result, the Arizona Motor Vehicle Division (MVD) suspends your driving privilege for at least ninety consecutive days. Your request for a hearing or an informal summary review must be made within thirty days of the date the suspension notice is served, which is often the day of the arrest.
Section 28-1385 of the Arizona Revised Statutes runs that side of the case. A ruling there in your favor does not clear the criminal charge. Where the statutory conditions are met, the law splits that ninety days. It becomes thirty consecutive days of suspension plus at least sixty days of restricted privileges.
Miss the thirty-day window, and the order becomes final. For the hearing itself, see how an Arizona MVD hearing works.
Refusing a Breath or Blood Test in Arizona
You can refuse, but refusal carries its own penalty. Arizona treats every driver as having agreed to testing after a lawful DUI arrest. Refusing costs you your license for twelve months, or two years for a second refusal within eighty-four months (seven years).
Section 28-1321 also requires the officer to tell you that refusing will result in a twelve-month suspension. Taking the test avoids the refusal suspension, though a qualifying test result still carries its own ninety-day license suspension.
Breath tests and blood tests are not treated the same. Officers can require a breath test on arrest, but a blood test generally needs your consent or a warrant. The details of your stop matter, so we immediately complete an aggressive investigation.
Common Questions About Scottsdale DUI Charges
Is a DUI a Criminal Charge in Arizona?
Yes. Every level of DUI in Arizona, standard, extreme, and aggravated, is a criminal charge. A conviction becomes part of your criminal record. That is separate from any suspension the Motor Vehicle Division orders against your license.
Is “DWI” a Different Charge From “DUI” in Arizona?
No. Arizona law uses the term DUI. The Arizona Revised Statutes do not define a separate DWI offense. People use the two terms to mean the same charge.
Does an Out-of-State DUI Count as a Prior Offense in Arizona?
Yes. Arizona counts a qualifying conviction from another state the same way it counts an Arizona conviction, for the eighty-four-month (seven-year) look-back window. An earlier out-of-state DUI can raise the charge level or the mandatory minimum on a new Arizona case.
Talk With a Scottsdale DUI Defense Attorney
If you have been charged with DUI or DWI in Scottsdale, two clocks start right away. One is your court date. The other is your thirty-day window to challenge the license suspension. We built our defense practice on integrity, honesty, and compassion, and that shapes how we treat every client from the first call.
Call R&R Law Group at (602) 497-3088, contact our Scottsdale team, or meet the attorneys who will handle your case. A free case evaluation is available now.