A felony narcotics possession charge paired with a 2nd-offense Super Extreme DUI carried prison exposure plus 180 days of mandatory jail with 60 consecutive non-suspendable days. Future First eliminated the felony entirely through diversion and resolved the DUI at the 1st-offense floor structure.
At a glance
| Court | Maricopa County Superior Court |
| Original charges | Felony Narcotics Possession (ARS § 13-3408 and ARS § 13-3415), Class 4 Felony; Super Extreme DUI BAC .20+ (ARS § 28-1382(A)(2)), Class 1 Misdemeanor, charged as 2nd offense |
| Presumptive exposure | Felony narcotics: prison or probation exposure, loss of civil rights, immigration consequences, permanent felony record; 2nd-offense Super Extreme DUI: 180-day mandatory minimum with 60 days consecutive non-eligible-for-release |
| Result | Felony narcotics charge resolved through felony diversion; fully dismissed in February 2025; Super Extreme DUI resolved at 1st-offense floor structure (NOT the 2nd-offense enhancement); 14 days jail; 1-year ignition interlock; 2 years supervised probation |
| Jail days saved | 166 days (compared to 2nd-offense 180-day floor) |
| Eligibility for sealing | Felony narcotics: immediate under ARS § 13-911 (dismissal); DUI: approximately 2028, three years after IID removal |
The stakes
The client faced a felony narcotics possession case paired with a Super Extreme DUI charged as a 2nd offense. The felony exposure alone carried prison or probation, immigration risk, loss of civil rights including the right to possess firearms, and a permanent felony record. The 2nd-offense Super Extreme DUI carried a statutory minimum of 180 days in jail with 60 days consecutive that could not be suspended. Combined exposure pointed at a long period of incarceration and a felony stripe for life.
What we did
Future First worked the case on two fronts. The firm negotiated felony diversion on the narcotics count and the charge was fully dismissed in February 2025 after diversion completion. Future First also resolved the Super Extreme DUI at the 1st-offense floor structure — not the 2nd-offense enhancement — with 14 days jail, 1-year IID, and 2 years supervised probation. The felony was eliminated. Early termination of probation under ARS § 13-901(E) became available halfway through. Sealing records under ARS § 13-911 eligible approximately 2028, three years after IID removal.
What our clients say
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If you’re facing stacked felony drug + DUI charges in Arizona
Felony Pretrial Intervention Program (FPIP) is the Maricopa County Attorney’s pre-conviction diversion track for eligible Class 4 felony narcotic possession cases (along with other Class 6 felony categories). Successful completion produces dismissal without judgment of guilt. The felony itself never attaches to the record.
Eliminating a 2nd-offense DUI enhancement on top of the felony resolution is a separate negotiation. The 2nd-offense Super Extreme floor (180 days jail with 60 consecutive non-suspendable) drops to the 1st-offense Super Extreme floor (14 days jail) when the State agrees to strip the prior allegation. The math is dramatic: 166 actual jail days saved.
Future First Criminal Law has handled stacked felony narcotics + DUI cases across Maricopa County. We know how MCAO evaluates FPIP eligibility on Class 4 drug cases and how to negotiate the prior allegation off a 2nd-offense DUI count.
Related resources
- Arizona criminal defense — full overview of how we handle felony and misdemeanor charges
- 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 felony case
Call us
Facing stacked felony drug and DUI charges in Arizona? Call Future First Criminal Law at 602-932-7890 or request a free consultation. We have handled hundreds of felony cases across Arizona. 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 felony drug and DUI law, visit the Arizona State Legislature website.