A .08 plus DUI at East Mesa Justice Court carried a permanent .08+ DUI conviction on the record with full sentencing exposure. Future First reduced the case one tier to DUI Slightest Degree with jail costs waived entirely.
At a glance
| Court | East Mesa Justice Court |
| Original charge | DUI with BAC of .08 or More (ARS § 28-1381(A)(2)), Class 1 Misdemeanor |
| Presumptive exposure | 10 consecutive days jail under ARS § 28-1381(I) with up to 9 suspendable on screening and counseling completion (1 day actual floor), 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 |
| Result | State amended charge one tier down to DUI Impaired to the Slightest Degree under ARS § 28-1381(A)(1); 10 days jail with 9 suspended on counseling completion; alcohol screening and counseling completed; MADD VIP completed; $1,495.50 fines; all jail costs waived |
| Eligibility for set aside | Upon program completion under ARS § 13-905, estimated 2025 |
| Eligibility for sealing | Approximately 2028 under ARS § 13-911, three years after punishment completion, with the public-record imprint dropped from .08+ to Slightest Degree |
The stakes
The client faced .08+ DUI exposure under ARS § 28-1381(A)(2) in East Mesa Justice Court. 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.
What we did
Future First negotiated the case down one tier from .08+ DUI to DUI Impaired to the Slightest Degree under ARS § 28-1381(A)(1). The client served 10 days jail with 9 suspended on counseling completion, completed alcohol screening and counseling and MADD VIP, paid $1,495.50 in fines, and the judge waived jail costs entirely. Set aside under ARS § 13-905 available upon program completion, estimated 2025. Arrest record sealing under ARS § 13-911 eligible approximately 2028, three years after punishment completion, with the public-record imprint dropped from .08+ to Slightest Degree.
What the client said
Excellent experience with Future First. They were great in communication and got me the best possible outcome and will definitely recommend them to anyone that’s looking for a great lawyer (Brielle) and also the entire team (Laura) in the organization to look after their case.
— Verified Google review
If you’re facing .08 plus DUI in Arizona
The Slightest Degree subsection under § 28-1381(A)(1) and the .08+ subsection under § 28-1381(A)(2) carry similar sentencing exposure but different record imprints. Reducing the charge from .08+ to Slightest Degree drops the BAC-specific reference from the conviction record. The public-record imprint shows “DUI Slightest Degree” rather than “DUI with BAC of .08 or More,” which some employers and licensing boards read differently in background screens.
Jail-costs-waived at sentencing is a judge-discretion item that defense counsel can secure through a sentencing memorandum documenting the client’s financial circumstances. The waiver eliminates the $100-to-$150-per-day jail cost reimbursement obligation, which on a 10-day sentence (even with most days suspended) can run into hundreds of dollars.
Future First Criminal Law has handled .08+ DUI tier-reduction cases across Maricopa County and Arizona. We know how East Mesa Justice Court evaluates one-tier reduction requests and jail-cost waivers.
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 .08 plus 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.