A DUI at Buckeye Municipal Court charged with a prior DUI conviction allegation within 84 months carried 2nd-offense exposure of 30 to 120 actual jail days plus stacked priors on the record. Future First got the prior allegation dismissed and the case reset to 1st-offense Standard DUI.
At a glance
| Court | Buckeye Municipal Court |
| Original charge | DUI (ARS § 28-1381 or § 28-1382), Class 1 Misdemeanor with an allegation of prior DUI conviction within 84 months (2nd-offense enhancement) |
| Presumptive exposure | 2nd-offense enhancement would have triggered a mandatory minimum of 30 to 120 days actual jail depending on tier, longer judge-ordered IID, MADD VIP, stacked priors on the record pushing any future DUI into felony territory, and substantially heavier fines |
| Result | State dismissed prior DUI conviction allegation entirely; case resolved as 1st-Offense Standard DUI under ARS § 28-1381(A)(1); 30 days with 21 suspended on alcohol screening completion (9 actual served); home detention available after 1 day in custody; $1,514 fine; all remaining charges dismissed; prior-count window on the record reset |
| Eligibility for set aside | After sentence completion under ARS § 13-905 |
| Eligibility for sealing | Approximately 2028 under ARS § 13-911, three years after counseling completion |
The stakes
The client faced a DUI charge in Buckeye Municipal Court with an allegation of a prior DUI conviction within 84 months. The 2nd-offense enhancement carried a mandatory minimum of 30 days actual jail at the Standard tier and up to 120 days at the Extreme tier, plus a longer judge-ordered ignition interlock device, MADD VIP, heavier fines, and a stacked-priors record that pushes any future DUI offense closer to felony territory under ARS § 28-1383.
What we did
Future First negotiated the State to dismiss the prior DUI conviction allegation entirely, taking the case out of 2nd-offense sentencing and into the 1st-offense range. The client served 30 days with 21 suspended on alcohol screening completion (9 actual), with home detention available after 1 day in custody. The plea resolved as a 1st-offense Standard DUI under ARS § 28-1381(A)(1), $1,514 fine, all remaining charges dismissed. Prior-count window reset. Set aside under ARS § 13-905 available after sentence completion. Sealing records under ARS § 13-911 eligible approximately 2028, three years after counseling completion.
What the client said
Zach and team did an awesome job, very easy to work and pretty much lay’s everything out when having a CDL. They really live up to the name Future first “keeping good people out of jail”. I highly recommend. Ty and Thanks again.
— Verified Google review
If you’re facing a 2nd-offense DUI allegation in Arizona
Dismissing a prior DUI conviction allegation is the single most consequential defense move on a 2nd-offense DUI case. The allegation triggers the mandatory 30-day jail floor at the Standard tier (or up to 120 days at the Extreme tier), the mandatory 1-year license revocation, and the felony-3rd-offense exposure on any future case. When the State agrees to drop the allegation, all three consequence categories drop back to 1st-offense levels.
The prior-count window reset is the long-tail benefit. With the priors count reset to 1st offense, any subsequent DUI within the look-back window would face 2nd-offense enhancement rather than felony 3rd-offense charging under ARS § 28-1383. The defendant gets back the protective buffer against felony DUI on any future incident.
CDL holders face a unique secondary problem on DUI convictions: federal regulations under 49 CFR § 383.51 disqualify CDL drivers from operating commercial vehicles for one year on a first DUI and for life on a second DUI involving a commercial vehicle. Dismissing the 2nd-offense allegation matters particularly for CDL holders.
Future First Criminal Law has handled 2nd-offense DUI cases across Maricopa County and Arizona, including CDL holder cases. We know how Buckeye Municipal Court evaluates prior-allegation dismissal negotiations.
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 2nd-offense 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 at every tier. 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.