Two C1M DUI counts plus a C1M-elevated Reckless Driving count at Glendale City Court carried stacked DUI plus prior-Reckless exposure. Future First got all three Class 1 Misdemeanor counts dismissed and resolved the case as a Class 2 Misdemeanor Open Container with no fines, no jail, no IID. Set aside was granted two months later.
At a glance
| Court | Glendale City Court |
| Original charges | Driving Under the Influence – 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; Reckless Driving with Prior Violation within 24 Months (ARS § 28-693), Class 1 Misdemeanor; Unsafe Lane Change (ARS § 28-729), civil traffic violation |
| Presumptive exposure | Stacked C1M convictions would have meant minimum 10 consecutive days jail under ARS § 28-1381(I) with up to 9 suspendable on DUI counts, a 12-month judge-ordered ignition interlock device, base DUI fines starting at $1,250 plus 84 percent surcharges and assessments totaling over $2,000 per DUI count, MADD Victim Impact Panel, supervised probation up to five years, mandatory drug and alcohol screening and treatment, automatic driver license suspension, insurance rate increases, a three-year arrest record sealing wait under ARS § 13-911 measured from IID removal, and a permanent DUI plus prior-Reckless conviction on the client’s record. The drug-DUI count added immigration exposure |
| Result | State dismissed both C1M DUI counts and the C1M Reckless Driving count; case amended to single Class 2 Misdemeanor Open Container under ARS § 4-251(A)(2), a non-DUI violation; civil unsafe lane change resolved; 1 day jail with credit for time served (no actual jail); no fines; no probation; 12-month ignition interlock device avoided entirely; set aside under ARS § 13-905 granted 2025 approximately two months after sentencing |
| Eligibility for set aside | Granted 2025 under ARS § 13-905 |
| Eligibility for sealing | Approximately 2027 under ARS § 13-911, two years after C2M punishment completion, free of the IID-removal clock that would have applied to a DUI plea |
The stakes
The client faced three Class 1 Misdemeanor counts in Glendale City Court: two DUI counts under ARS § 28-1381(A)(1) and (A)(3), a Reckless Driving count elevated to C1M by a prior reckless violation within 24 months under ARS § 28-693, plus one civil unsafe lane change. Stacked C1M convictions on the DUI counts would have meant minimum 10 consecutive days jail with up to 9 suspendable on screening and counseling, a 12-month judge-ordered ignition interlock device, base DUI fines starting at $1,250 plus 84 percent surcharges and assessments totaling over $2,000 per DUI count, MADD Victim Impact Panel, supervised probation up to five years, mandatory drug and alcohol screening and treatment, automatic driver license suspension, insurance rate increases, a three-year arrest record sealing wait under ARS § 13-911 measured from IID removal, and a permanent DUI plus prior-Reckless conviction on the client’s record. The drug-DUI count added immigration exposure.
What we did
Future First negotiated the case down from three Class 1 Misdemeanor counts (two DUI counts plus a C1M-elevated Reckless Driving count) to a single Class 2 Misdemeanor Open Container under ARS § 4-251(A)(2). Both DUI counts and the Reckless Driving count were dismissed outright. The civil unsafe lane change was resolved. The client served 1 day jail with credit for time served (no actual jail), paid no fines, served no probation, and avoided the 12-month ignition interlock device entirely. Set aside under ARS § 13-905 was granted 2025 approximately two months after sentencing. Arrest record sealing under ARS § 13-911 eligible approximately 2027, two years after C2M punishment completion, free of the IID-removal clock that would have applied to a DUI plea.
What our clients say
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If you’re facing multi-count DUI with companion charges in Arizona
The Open Container substitution under ARS § 4-251(A)(2) is an unusual plea-down outcome on a DUI bundle case. Open Container is a non-DUI alcohol-related offense that carries far lower long-term consequences than any DUI subsection. When the State agrees to dismiss all DUI counts and substitute Open Container as the plea, the public-record imprint shifts entirely out of DUI territory.
Set aside under § 13-905 granted within two months of sentencing is exceptionally fast. Standard set-aside timelines run six months to a year depending on probation conditions and court calendar. The set aside on this case was granted at the first available hearing because there was no probation tail to complete first.
The C1M-elevated Reckless Driving count under § 28-693 with a prior violation within 24 months is also worth noting. Standard Reckless Driving is a Class 2 Misdemeanor. When a prior reckless violation falls within 24 months, the second one elevates to Class 1 Misdemeanor. Dismissing the C1M-elevated count entirely eliminates that escalation from the record.
Future First Criminal Law has handled multi-count DUI bundle cases across Maricopa County and Arizona. We know how Glendale City Court evaluates Open Container substitutions and set-aside timing.
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 multi-count 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. 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.