A .08 plus DUI at El Centro Justice Court carried a permanent .08+ DUI conviction on the record. Future First reduced the case one tier to DUI Slightest Degree with the sentence held at the statutory floor.
At a glance
| Court | El Centro 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); 1 day jail with 9 days suspended on counseling completion; alcohol screening and counseling completed; $1,495 fines |
| Eligibility for set aside | Upon counseling and fine completion under ARS § 13-905, estimated 2025 |
| Eligibility for sealing | Approximately 2028 under ARS § 13-911, three years after sentence 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 El Centro 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 1 day jail with 9 days suspended on counseling completion, completed alcohol screening and counseling, and paid $1,495 in fines. Set aside under ARS § 13-905 available upon counseling and fine completion, estimated 2025. Arrest record sealing under ARS § 13-911 eligible approximately 2028, three years after sentence completion, with the public-record imprint dropped from .08+ to Slightest Degree.
What our clients say
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If you’re facing .08 plus DUI in Arizona
The .08+ to Slightest Degree reduction is the standard one-tier reduction on a .08+ DUI case. The reduction drops the BAC-specific reference from the conviction record. The public-record imprint reads “DUI Slightest Degree” rather than “DUI with BAC of .08 or More.” Both subsections are Class 1 Misdemeanors but the substantive distinction matters on background-check returns.
Future First Criminal Law has handled .08+ DUI tier-reduction cases across Arizona, including rural court jurisdictions like El Centro Justice Court. We know how local justice courts evaluate one-tier reduction requests.
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.