A higher-tier DUI at Kyrene Justice Court carried both heavy misdemeanor sentencing exposure and the risk of escalation into felony Aggravated DUI under ARS § 28-1383. Future First kept the case at the misdemeanor level and structured the entire 147-day jail term around program-based suspension.

At a glance

Court	Kyrene Justice Court
Original charge	DUI Liquor/Drugs (ARS § 28-1381(A)(1)), Class 1 Misdemeanor with 2nd-offense enhancement
Presumptive exposure (2nd offense)	90 days mandatory jail with 60 days suspendable on screening and 12-month IID compliance, fines and assessments commonly above $3,000, 12-month ignition interlock, license revocation, MADD victim impact panel, alcohol or drug screening and counseling; plus risk of felony escalation under ARS § 28-1383
Result	Case stayed at the misdemeanor level; 147-day jail term structured around program-based suspension, ADOT coordination, and MADD completion through 2021; felony Aggravated DUI exposure avoided
Eligibility for set aside	Eligible now after sentence terms complete under ARS § 13-905
Eligibility for sealing	Approximately 2024 under ARS § 13-911, three years after counseling completion

The stakes

The client faced a Class 1 Misdemeanor DUI under ARS § 28-1381(A)(1) at a Maricopa County justice court with a 2nd-offense enhancement based on a prior DUI conviction. 2nd-offense DUI in Arizona carries 90 days mandatory jail with 60 days suspendable on screening completion and 12-month IID compliance, fines and assessments commonly above $3,000, a 12-month ignition interlock, license revocation, MADD victim impact panel, and alcohol or drug screening and counseling.

The bigger risk sat above the misdemeanor 2nd-offense framework: ARS § 28-1383 felony Aggravated DUI triggers can attach to a DUI offense when specific conditions apply (DUI on a suspended license, wrong-way driving, IID violation, or accumulated prior DUI count). A felony Aggravated DUI conviction carries presumptive prison and no probation eligibility on standard counts.

What we did

After Future First negotiated the plea and pushed the State on its impairment proof, the disposition came in at 147 days jail with the firm structuring the term around program-based suspension. The case proceeded through ADOT coordination, MADD completion, and final court orders in 2021.

The firm prevented escalation into the felony Aggravated DUI category that carries presumptive prison. The client is eligible to set aside the conviction under ARS § 13-905 once all sentence terms complete and eligible to seal the record under ARS § 13-911 approximately 2024, three years after counseling completion.

What our clients say

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If you’re facing a higher-tier or 2nd-offense DUI in Arizona

Arizona’s repeat-offense DUI framework gets dramatically more serious with each step up. A first-offense DUI at the standard tier carries 10 days mandatory jail (9 suspendable on screening). A 2nd-offense standard DUI carries 90 days mandatory with 60 suspendable. The Extreme and Super Extreme tiers add more time. And once specific Aggravated DUI triggers attach under ARS § 28-1383, the case moves out of misdemeanor jurisdiction entirely and into Maricopa County Superior Court at the Class 4 felony level with mandatory prison on conviction.

Keeping a case at the misdemeanor level when felony triggers are in play is the most important defense win in the early phase. Once the State files at the felony level, the room to maneuver narrows. Pre-filing negotiations, voluntary appearance, and proactive documentation of mitigating factors can sometimes keep the case at municipal or justice court rather than moving it to Superior Court.

Program-based suspension and ADOT coordination are sentencing tools that convert what looks like a long jail term on paper into a manageable practical outcome. Home detention, work release, and screening-based suspension can all be layered into a single plea to keep the client out of consecutive in-custody time.

Future First Criminal Law has handled higher-tier and 2nd-offense DUI cases across Maricopa County and Arizona. We know how Kyrene Justice Court and other justice courts handle program-based sentencing structures, and how to keep a case below the felony Aggravated DUI threshold when the triggers are at issue.

Related resources

Arizona DUI defense — full overview of how we handle every tier of DUI charge
Aggravated DUI defense — what to expect when the State files at the felony level
Set aside and sealing in Arizona — how to clean up your record after a DUI conviction

Call us

Facing a higher-tier or 2nd-offense 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 for keeping the case below felony Aggravated DUI exposure.

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.