The client faced a Mesa Drug DUI with a prior DUI on record. A second DUI within 84 months brings far harsher mandatory penalties. Future First resolved the Mesa Drug DUI as a first offense, dropped the companion DUI count, and kept the case off the second-offense track.
At a glance
| Court | Mesa Municipal Court |
| Original charges | Drug DUI (ARS § 28-1381(A)(3)) and DUI impaired to the slightest degree (ARS § 28-1381(A)(1)), Class 1 Misdemeanors, with a prior DUI exposing the client to second-offense penalties |
| Presumptive exposure | As a second offense, 90 days in jail with 30 days not suspendable, a one-year license revocation, fines and assessments, and a permanent DUI conviction |
| Result | Plea to a single Drug DUI as a first offense, companion DUI count dismissed, 90 days with 60 suspended on treatment, jail ordered to run concurrent with a separate matter |
| Eligibility for set aside | Eligible approximately 2027, after all court requirements are complete |
| Eligibility for sealing | Eligible approximately 2029 |
The stakes
The client was charged in Mesa Municipal Court with two DUI counts, a drug DUI under ARS § 28-1381(A)(3) and a DUI impaired to the slightest degree under ARS § 28-1381(A)(1). Both are Class 1 Misdemeanors. The bigger problem was the client’s record. A prior DUI from a few years earlier sat inside the 84-month window Arizona uses to count priors.
A second DUI within that window is not a small step up. It carries a mandatory 90 days in jail, 30 of which the court cannot suspend. It carries a one-year license revocation instead of a 90-day suspension. It carries higher fines, mandatory screening and treatment, and a permanent conviction that counts against the client if there is ever a third. The prior was the hinge of the whole case.
What we did
Future First worked the discovery, completed the screening and treatment groundwork, and put a deviation request in front of the prosecutor in person. The firm pushed the State to treat the case as a first offense and to leave the prior out of the charging structure.
The State agreed. The client pled to a single Drug DUI under ARS § 28-1381(A)(3) as a first offense, and the companion slightest-degree DUI count was dismissed. The plea checked the case as carrying no prior or subsequent offense. That kept the one-year license revocation off the table and left the client with a first-offense record. The court imposed 90 days with 60 suspended on completion of substance abuse counseling. The remaining jail was ordered to run concurrent with time the client was already serving on a separate matter, so no new commitment order issued. The client paid about $1,683 in fines and fees. Resolving the Mesa Drug DUI as a first offense is the core of this win.
Set aside under ARS § 13-905 is available after the client completes all court requirements. Arrest record sealing under ARS § 13-911 is eligible approximately 2029, three years after counseling is complete.
What our clients say
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If you’re facing a Mesa Drug DUI with a prior
A drug DUI under ARS § 28-1381(A)(3) covers driving with any defined drug or its metabolite in your body. You do not need to be over a set limit. A positive test is enough for the State to file. When there is a prior DUI inside the 84-month window, the stakes jump because the second-offense penalties are mandatory.
The prior is not automatic. The State has to plead it and prove it with a certified record. A defense lawyer can challenge whether the prior counts, whether it was counseled, and whether the timing fits. Getting a Mesa Drug DUI charged as a first offense instead of a second changes the jail floor, the license outcome, and the long-term record.
Every case turns on its own facts. This result reflects this client’s record and this evidence. It does not promise the same outcome in another case.
Related resources
Call us
Facing a drug DUI in Arizona with a prior on record? Call Future First Criminal Law at 602-932-7890 or request a free consultation. A prior DUI drives mandatory jail and a longer license action, and the work to keep a case off the second-offense track starts early. We handle Mesa DUI cases and know the local court.
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.