This Apache Junction DUI Reckless Driving case shows what a focused defense does to a first-offense DUI. The client faced two DUI charges under ARS § 28-1381. Future First reduced the case to a single reckless driving count, dismissed the .08 DUI charge, and kept an ignition interlock and a DUI conviction off the client’s record.
At a glance
| Court | Apache Junction Municipal Court |
| Original charges | DUI impaired to the slightest degree (ARS § 28-1381(A)(1)) and DUI with BAC .08 or more (ARS § 28-1381(A)(2)), both Class 1 Misdemeanors |
| Exposure | Mandatory minimum 10 days in jail, ignition interlock, 90-day license suspension, screening and treatment, MADD panel, and fines and fund fees over $2,000 |
| Result | Reckless Driving, a Class 2 Misdemeanor under ARS § 28-693(A). BAC .08 DUI count dismissed. No added jail, no interlock, no court-ordered license suspension |
| Eligibility for set aside | Eligible approximately 2028 |
| Eligibility for sealing | Eligible approximately 2030 |
The stakes
The client was charged in Apache Junction Municipal Court with two DUI counts under ARS § 28-1381, one for driving impaired to the slightest degree and one for a blood alcohol concentration of .08 or more, both Class 1 Misdemeanors. A standard first-offense DUI in Arizona carries a mandatory minimum of 10 days in jail, a court-ordered ignition interlock device, a 90-day license suspension, mandatory alcohol screening and treatment, a MADD Victim Impact Panel, and fines and fund fees exceeding $2,000.
A DUI conviction is permanent. It surfaces on background checks, raises insurance rates, and counts as a prior on any future DUI for the next seven years. Reducing the charge to reckless driving was the difference between a lifelong DUI record and a Class 2 misdemeanor the client can later set aside and seal.
What we did
Future First worked the traffic stop and the blood evidence. The stop rested on a single driving cue, a wide turn and a brief drift across the lane line, and the passenger admitted he had reached for the client’s vape and caused the vehicle to jerk. That fact undercut the claim that alcohol caused the driving.
The firm pressed these points in a written deviation request to the prosecutor and completed the alcohol screening and counseling early to show the court the client was already handling the underlying issue. The State amended the lead count to reckless driving, a Class 2 Misdemeanor under ARS § 28-693(A), and dismissed the BAC .08 DUI count.
The client received 10 days in jail with 9 suspended and credit for 1 day, so no additional jail, 24 months of unsupervised probation, $1,300 in fines and fees, alcohol screening and treatment, and a MADD Victim Impact Panel. The plea carried no ignition interlock and no court-ordered license suspension. Most important, the client avoided a DUI conviction. Set aside under ARS § 13-905 is available after the client completes probation and all court requirements, eligible approximately 2028. Arrest record sealing under ARS § 13-911 is eligible approximately 2030.
What our clients say
You can read verified client reviews here:
If you’re facing a DUI in Arizona
A first-offense DUI is not a lost case. The State has to prove that alcohol or drugs impaired your driving and that the stop, the testing, and the chain of custody were sound. Weak driving cues, an innocent explanation for a driving mistake, and questions about the blood draw all open room to negotiate.
A reduction from DUI to reckless driving under ARS § 28-693(A) removes the mandatory interlock, the automatic license actions tied to a DUI conviction, and the DUI label that follows you on background checks. It also opens a path to set aside and to seal the record once the sentence is complete.
The move that made this Apache Junction DUI Reckless Driving result possible was early work. Completing screening and counseling before the plea, documenting the facts that cut against impairment, and putting a clear deviation request in front of the prosecutor gave the State a reason to reduce the charge.
Related resources
Call us
Facing a DUI in Arizona? Call Future First Criminal Law at 602-932-7890 or request a free consultation. We work the stop, the testing, and the mitigation early, and we push for the reduction that keeps a DUI off your record.
Anonymized in line with firm policy. Client name not used. Specific dates approximated to year only. Outcome described reflects this client’s actual results. Past outcomes do not guarantee future results. For more detailed information on Arizona DUI law, visit the Arizona State Legislature website.