A five-count bundle led by .08+ DUI at .113 BAC plus Resisting Arrest and three more companion counts at Avondale City Court carried stacked exposure with multiple permanent misdemeanors on the record. Future First got four of five counts dismissed and resolved the case as a single DUI Slightest Degree count.
At a glance
| Court | Avondale City Court |
| Original charges | DUI with BAC of .08 or More (ARS § 28-1381(A)(2)), Class 1 Misdemeanor (lead); Resisting Arrest (ARS § 13-2508), misdemeanor; Failure to Control Speed (ARS § 28-701), civil traffic; plus two additional companion counts (5-count bundle total) |
| Presumptive exposure | A C1M .08+ DUI conviction with .113 BAC would have meant 10 consecutive days jail under ARS § 28-1381(I) with up to 9 suspendable on screening and counseling, a 12-month judge-ordered ignition interlock device, base fines starting at $1,250 plus 84 percent surcharges and assessments totaling over $2,000, MADD Victim Impact Panel, supervised probation up to five years, mandatory alcohol screening and treatment, automatic driver license suspension, significant insurance rate increases, a three-year arrest record sealing wait under ARS § 13-911 measured from IID removal, and a permanent .08+ DUI conviction on the record. The Resisting Arrest count and the additional stacked counts would have layered more jail exposure, fines, and misdemeanor stripes |
| Result | State dismissed all four companion counts (Resisting Arrest, Failure to Control Speed, and the two additional counts); DUI amended one tier down from .08+ DUI to DUI Impaired to the Slightest Degree under ARS § 28-1381(A)(1); 1 day jail with credit for alcohol screening and counseling completion; $2,262 fines paid in full |
| Eligibility for set aside | Upon IID removal and program completion under ARS § 13-905 |
| Eligibility for sealing | Three years after IID removal under ARS § 13-911, with the public-record imprint dropped from a five-count .113-BAC DUI bundle to a single Slightest Degree count |
The stakes
The client faced a five-count bundle in Avondale City Court led by a Class 1 Misdemeanor .08+ DUI charge under ARS § 28-1381(A)(2) with BAC of .113, along with Resisting Arrest, Failure to Control Speed, and two additional companion counts. A .08+ DUI conviction would have meant 10 consecutive days jail under ARS § 28-1381(I) with up to 9 suspendable on screening and counseling, a 12-month judge-ordered ignition interlock device, base fines starting at $1,250 plus 84 percent surcharges and assessments totaling over $2,000, MADD Victim Impact Panel, supervised probation up to five years, mandatory alcohol screening and treatment, automatic driver license suspension, significant insurance rate increases, a three-year arrest record sealing wait under ARS § 13-911 measured from IID removal, and a permanent .08+ DUI conviction on the record. The Resisting Arrest count and the additional stacked counts would have layered more jail exposure, fines, and misdemeanor stripes.
What we did
Future First negotiated the case down from a five-count bundle to a single Class 1 Misdemeanor DUI Slightest Degree under ARS § 28-1381(A)(1). All four companion counts (Resisting Arrest, Failure to Control Speed, and the two additional counts) were dismissed. The client served 1 day jail with credit for alcohol screening and counseling completion, and fines settled at $2,262 paid in full. Set aside under ARS § 13-905 available upon IID removal and program completion. Arrest record sealing under ARS § 13-911 eligible three years after IID removal, with the public-record imprint dropped from a five-count .113-BAC DUI bundle to a single Slightest Degree count.
What our clients say
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If you’re facing multi-count DUI with companion charges in Arizona
Dismissing a Resisting Arrest companion count is especially valuable on a DUI case because the Resisting Arrest conviction carries a “crimes against a peace officer” flag that surfaces on every law enforcement and security background check for life. Eliminating the Resisting count cleans up that specific record imprint, which can affect employment in regulated industries.
Four of five counts dismissed is among the strongest plea-down outcomes available on a multi-count DUI bundle. The remaining count is reduced one tier from .08+ to Slightest Degree, which further reduces the public-record imprint. The cumulative effect is a single low-tier DUI conviction instead of five permanent counts on the record.
Future First Criminal Law has handled multi-count DUI cases with companion Resisting Arrest charges across Maricopa County and Arizona. We know how Avondale City Court evaluates count-dismissal negotiations on stacked DUI cases.
Related resources
- Arizona DUI defense — full overview of how we handle every tier of DUI charge
- Set aside and sealing in Arizona — how to clean up your record after a DUI conviction
Call us
Facing multi-count DUI in Arizona? Call Future First Criminal Law at 602-932-7890 or request a free consultation. We have handled hundreds of Arizona DUI cases. The earlier we are involved, the more options you have.
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.