A .08 plus DUI at Encanto Justice Court carried mandatory jail, a 12-month IID, MADD VIP, full DUI counseling, the standard C1M fine package, and a permanent .08+ DUI conviction on the record. Future First reduced the case one tier to DUI Slightest Degree with half of the jail costs waived.
At a glance
| Court | Encanto 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 date, 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 screening and counseling completion; alcohol screening due within 7 days, counseling course completion within 90 days; MADD VIP ordered; $1,495.50 in fines and fees; judge waived half of the jail costs; 12-month IID; all remaining charges dismissed |
| Eligibility for set aside | Upon IID removal and program completion under ARS § 13-905 |
| Eligibility for sealing | Approximately 2030 under ARS § 13-911, three years after IID removal, 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 Encanto 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 completion, 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 date, 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 screening and counseling completion, with alcohol screening due within 7 days and counseling course completion within 90 days. MADD VIP was ordered. Fines settled at $1,495.50 in fines and fees, the judge waived half of the jail costs, the client accepted a 12-month IID, and all remaining charges were dismissed. Set aside under ARS § 13-905 available upon IID removal and program completion. Arrest record sealing under ARS § 13-911 eligible approximately 2030, three years after IID removal, with the public-record imprint dropped from .08+ to Slightest Degree.
What our clients say
Future First Criminal Law has earned hundreds of five-star reviews from clients across Arizona. Read our verified Google reviews or see what past clients have said on our client reviews page.
If you’re facing .08 plus DUI in Arizona
The .08+ to Slightest Degree reduction is the standard one-tier reduction on .08+ DUI cases. 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.” Some employers and licensing boards read these subsections differently in background screens.
Partial jail cost waiver is a judge-discretion item that adds incremental relief on top of the tier reduction. Maricopa County jail costs run $100 to $150 per day at standard rates. Half of that waived on the actual custody portion saves the client real money beyond the fine package.
Future First Criminal Law has handled .08+ DUI tier-reduction cases across Maricopa County and Arizona. We know how Encanto Justice Court and other county 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.