Four criminal counts at East Mesa Justice Court including Extreme DUI and Resisting Arrest could have produced 30+ days of mandatory jail and a 12-month judge-ordered IID. Future First got the Extreme DUI and BAC counts dismissed and resolved with a standard DUI plea, no court-ordered IID, and no probation.
At a glance
| Court | East Mesa Justice Court |
| Original charges | DUI Liquor/Drugs (ARS § 28-1381(A)(1)), Class 1 Misdemeanor; DUI BAC .08 or More (ARS § 28-1381(A)(2)), Class 1 Misdemeanor; Extreme DUI BAC .15 to .20 (ARS § 28-1382(A)(1)), Class 1 Misdemeanor; Resisting Arrest (ARS § 13-2508(A)(3)), Class 1 Misdemeanor |
| Presumptive exposure (Extreme tier) | 30 days mandatory jail with 21 days suspendable on ignition interlock compliance, fines and assessments around $2,743, 12-month judge-ordered ignition interlock, MADD victim impact panel, alcohol screening and counseling, license suspension; Resisting Arrest adds up to 180 days jail and a separate fine package |
| Result | State dismissed BAC count and Extreme DUI count; plea to standard DUI under ARS § 28-1381(A)(1) and Resisting Arrest; 5 days jail (served April 10-14, 2023), alcohol and drug screening and treatment, no ignition interlock through the court, no community service, no probation |
| Eligibility for sealing | Approximately 2026 under ARS § 13-911, three years after counseling completion |
The stakes
The client faced four criminal counts at East Mesa Justice Court: a Class 1 Misdemeanor DUI under ARS § 28-1381(A)(1), a Class 1 Misdemeanor DUI BAC .08 or more under ARS § 28-1381(A)(2), a Class 1 Misdemeanor Extreme DUI under ARS § 28-1382(A)(1), and a Class 1 Misdemeanor Resisting Arrest under ARS § 13-2508(A)(3). The Extreme DUI count alone carries 30 days of mandatory jail with 21 days suspendable on ignition interlock compliance, fines and assessments around $2,743, a 12-month judge-ordered ignition interlock, MADD victim impact panel, alcohol screening and counseling, and a license suspension.
What we did
After Future First negotiated the plea and pressed the State on its proof, the State dismissed the BAC count and the Extreme DUI count at sentencing. The client pled to the impaired DUI count and the Resisting Arrest count. The court imposed 5 days jail (served April 10-14, 2023), alcohol and drug screening and treatment, no ignition interlock through the court, no community service, and no probation.
The firm pulled the case out of the Extreme DUI tier, saving 4 actual jail days from the Extreme floor and roughly $700 in fines, and avoided the 12-month judge-ordered IID. Set aside under ARS § 13-905 is eligible approximately 2023. Sealing records under ARS § 13-911 is eligible approximately 2026, three years after counseling completion.
What our clients say
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If you’re facing a DUI with Resisting Arrest in Arizona
Resisting Arrest charges under ARS § 13-2508 often accompany DUI arrests when the State alleges the driver actively resisted officers during the stop or booking. Subsection (A)(3) covers passive resistance (refusing to walk, refusing to provide samples) at the Class 1 Misdemeanor level. The companion count adds separate jail and fine exposure on top of the lead DUI counts.
Defense work that pulls a multi-count DUI case down to a standard DUI plus Resisting plea (with the Extreme and BAC counts dismissed) eliminates the Extreme tier’s mandatory minimum jail and the judge-ordered IID. The Resisting count stays on the record but at the misdemeanor level alongside the standard DUI.
Future First Criminal Law has handled multi-count DUI cases with Resisting Arrest counts across Maricopa County. We know how East Mesa Justice Court and other justice courts handle these stacked filings.
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 a DUI with companion charges 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.