A two-count DUI case at Hassayampa Justice Court stacked the impaired count and the BAC count for combined exposure on a first-offense DUI. Future First narrowed the case to a single A1 count with the BAC count dismissed, 9 of 10 jail days suspended, and no court-ordered IID.

At a glance

Court	Hassayampa Justice Court
Original charges	DUI Liquor/Drugs (ARS § 28-1381(A)(1)), Class 1 Misdemeanor; DUI BAC .08 or More (ARS § 28-1381(A)(2)), Class 1 Misdemeanor
Presumptive exposure per count	Up to 10 days jail with 9 suspendable on screening, fines and assessments around $1,500 to $2,000 plus surcharges, 12-month MVD ignition interlock, MADD victim impact panel, alcohol screening and counseling, license suspension, up to 5 years probation
Result	BAC count dismissed entirely; plea to impaired count only; 10 days jail with 9 suspended on treatment completion (1 actual day); 5 years probation; $493 base fine plus $500 Prison Construction Fund and $500 Public Safety Equipment Fund plus jail costs; no court-ordered IID
Eligibility for set aside	Eligible after probation discharge in 2027 under ARS § 13-905
Eligibility for sealing	Approximately 2026 under ARS § 13-911, three years after counseling completion

The stakes

The client faced two Class 1 misdemeanor DUI counts at Hassayampa Justice Court, one for impairment under ARS § 28-1381(A)(1) and one for BAC under ARS § 28-1381(A)(2). First-offense DUI in Arizona carries a 10-day mandatory jail term with 9 days suspendable on court-approved screening, fines and assessments commonly $1,500 to $2,000 plus surcharges, a 12-month MVD ignition interlock, MADD victim impact panel, alcohol screening and counseling, a license suspension, and probation up to 5 years.

What we did

After Future First negotiated the plea and pressed the State on the proof on both counts, the State dismissed Count B (the BAC .08 or more count) outright. The client pled to the impaired count only under ARS § 28-1381(A)(1).

The court imposed 10 days jail with 9 days suspended on alcohol/drug treatment completion, leaving 1 actual day. The court ordered 5 years of probation and $493 base fine plus statutory DUI fund assessments and jail costs. The court did not order ignition interlock, leaving any IID requirement to MVD’s separate administrative process. Set aside under ARS § 13-905 is eligible after probation discharge in 2027. Sealing records under ARS § 13-911 is eligible approximately 2026, three years after counseling completion.

What our clients say

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If you’re facing a stacked DUI in Arizona

Arizona DUI cases routinely include companion counts that the State stacks on top of the lead DUI charge. The two DUI counts under § 28-1381(A)(1) (impairment to slightest degree) and § 28-1381(A)(2) (BAC .08 or more) are alternate-theory counts targeting the same conduct. One of them usually drops out by plea.

Getting the BAC count dismissed specifically eliminates the per-se theory of conviction. The State no longer relies on the chemistry alone to prove the case. The remaining impaired count requires the State to prove impairment to the slightest degree, which is a higher subjective standard tied to the officer’s observations.

Avoiding the court-ordered ignition interlock is another meaningful win. The MVD-side IID requirement runs administratively and is generally shorter than the judge-ordered Extreme DUI IID. On a standard first-offense plea, getting the court to leave IID to MVD means the client deals with one IID timeline instead of two.

Future First Criminal Law has handled stacked DUI cases across Maricopa County, the West Valley, and broader Arizona. We know how Hassayampa Justice Court and other justice courts handle BAC-count dismissal negotiations, and how to structure a plea so the court does not impose its own IID requirement on top of the MVD-side action.

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 a DUI in Arizona? Call Future First Criminal Law at 602-900-7625 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.