A two-count DUI bundle at Gilbert Municipal Court (DUI Slightest Degree plus DUI Drugs/Metabolite) carried stacked DUI exposure with two permanent DUI convictions on the record. Future First got the alcohol DUI count dismissed and resolved the case to a single DUI Drugs count with the IID avoided entirely.
At a glance
| Court | Gilbert Municipal Court |
| Original charges | DUI Impaired to the Slightest Degree (ARS § 28-1381(A)(1)), Class 1 Misdemeanor; DUI with a Drug Listed in ARS § 13-3401 or its Metabolite (ARS § 28-1381(A)(3)), Class 1 Misdemeanor |
| Presumptive exposure | 10 consecutive days jail under ARS § 28-1381(I) with up to 9 suspendable on counseling, a 12-month judge-ordered ignition interlock device, base fines starting at $1,250 per count plus 84 percent surcharges and assessments totaling over $2,000 per count, MADD Victim Impact Panel, supervised probation up to five years, mandatory alcohol and drug 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 two permanent DUI convictions on the record |
| Result | State dismissed the DUI Slightest Degree count; case amended to single Class 1 Misdemeanor DUI Drugs/Metabolite count under ARS § 28-1381(A)(3); 1 day jail with 9 days suspended on counseling; screening and counseling completed; MADD VIP completed; 5 years probation; $2,195 fines; no IID ordered in the court documents |
| Eligibility for set aside | Upon program completion and probation discharge under ARS § 13-905 |
| Eligibility for sealing | Approximately 2028 under ARS § 13-911, three years after punishment completion, with no IID-removal date to wait for |
The stakes
The client faced two Class 1 Misdemeanor DUI counts in Gilbert Municipal Court: DUI Slightest Degree under ARS § 28-1381(A)(1) and DUI with a Drug or its Metabolite under ARS § 28-1381(A)(3). Two stacked C1M DUI convictions would have meant 10 consecutive days jail under ARS § 28-1381(I) with up to 9 suspendable on counseling, a 12-month judge-ordered ignition interlock device, base fines starting at $1,250 per count plus 84 percent surcharges and assessments totaling over $2,000 per count, MADD Victim Impact Panel, supervised probation up to five years, mandatory alcohol and drug 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 two permanent DUI convictions on the record.
What we did
Future First negotiated the case down from a two-count DUI bundle to a single Class 1 Misdemeanor DUI Drugs/Metabolite count under ARS § 28-1381(A)(3). The DUI Slightest Degree count was dismissed. The client served 1 day jail with 9 days suspended on counseling, completed screening and counseling and MADD VIP, accepted 5 years probation, paid $2,195 in fines, and no IID was ordered. Set aside under ARS § 13-905 available upon program completion and probation discharge. Arrest record sealing under ARS § 13-911 eligible approximately 2028, three years after punishment completion, with no IID-removal date to wait for.
What the client said
Great experience, handled everything in timely fashion, wonderful communication, got the best result possible given the situation.
— Verified Google review
If you’re facing alcohol plus drug DUI charges in Arizona
No IID ordered on a DUI Drugs/Metabolite plea is an unusual outcome. The judge-ordered IID is typically a fixed condition on every DUI conviction under ARS § 28-1381. The DUI Drugs subsection sometimes presents an argument for IID avoidance because the impairment is not alcohol-based. When the court accepts that argument and omits the IID, the client avoids 12 months of device fees plus the MVD reporting overhead.
The 5-year probation tail on this case is on the longer end of what § 28-1381 permits but lets the court calibrate the probation length to the case facts. Probation completion is the gate for set aside under § 13-905, so the 5-year window extends the set-aside timing slightly compared to shorter probation terms.
Future First Criminal Law has handled alcohol-plus-drug DUI cases across Maricopa County and Arizona. We know how Gilbert Municipal Court evaluates count-dismissal plus IID-avoidance plea structures.
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 alcohol-plus-drug DUI 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. 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.