A two-count DUI case at Mesa Municipal Court could have produced two stacked Class 1 Misdemeanor convictions and the standard DUI penalty stack. Future First narrowed the case to a single BAC count plea with 9 of 10 jail days suspended on counseling completion.
At a glance
| Court | Mesa Municipal 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 | 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 | DUI Slightest count under ARS § 28-1381(A)(1) dismissed; plea to BAC count under ARS § 28-1381(A)(2) only; 10 days jail with 9 suspended on counseling completion (1 actual day); no probation; $1,554 fine paid in full; Prodigy Healthcare alcohol counseling; MVD-imposed ignition interlock |
| Eligibility for set aside | After sentence completion 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 Mesa Municipal Court, one under ARS § 28-1381(A)(1) and one 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 commonly $1,500 to $2,000 plus surcharges, a 12-month MVD ignition interlock, MADD victim impact panel, alcohol screening and counseling, 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 the DUI Slightest count under ARS § 28-1381(A)(1). The client pled to the BAC count under ARS § 28-1381(A)(2) only. The court imposed 10 days jail with 9 days suspended on counseling completion, leaving 1 actual day, no probation, $1,554 fine paid in full, Prodigy Healthcare alcohol counseling, and MVD-imposed ignition interlock. Set aside under ARS § 13-905 is eligible after sentence completion. Sealing records under ARS § 13-911 is eligible approximately 2026, three years after counseling completion.
What the client said
Ed was my lawyer and he took time to go through the details of my case and the expectations. He did everything in his power to get me the best possible outcome. Would definitely recommend them to anyone needing these services.
— Verified Google review
If you’re facing a multi-count DUI in Arizona
Arizona DUI stops routinely produce two parallel counts under § 28-1381: the impairment count under (A)(1) and the per-se BAC count under (A)(2). The State files both because they target the same conduct under different theories. In plea negotiation, one of them usually drops out.
Defense work that produces a single-count plea eliminates the duplicate-conviction risk. With either the BAC or Slightest count dismissed, the conviction sits on the record as one DUI rather than two. The set aside and sealing math runs from one count instead of two.
Future First Criminal Law has handled multi-count DUI cases across Maricopa County and Arizona. We know how Mesa Municipal Court and other municipal courts evaluate count-dismissal negotiations.
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 602-932-7890 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.