A Class 1 Misdemeanor DUI charge at Phoenix Municipal Court would have triggered the full DUI penalty stack on conviction. Future First demanded discovery and pressed the State on its proof until the State filed a Notice of Dismissal and the court entered the dismissal in June 2022.

At a glance

Court	Phoenix Municipal Court
Original charge	DUI Impaired to the Slightest Degree (ARS § 28-1381(A)(1)), Class 1 Misdemeanor
Presumptive exposure	Up to 180 days jail under the Class 1 Misdemeanor maximum (10 days mandatory 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	State filed Notice of Dismissal; court entered dismissal in June 2022
Conviction	None
Eligibility for set aside	N/A (no conviction)
Eligibility for sealing	Immediate under ARS § 13-911 in 2022 (case ended in dismissal)

The stakes

The client faced a Class 1 misdemeanor DUI charge in Phoenix Municipal Court under ARS § 28-1381(A)(1). A DUI conviction in Arizona carries up to 180 days under the Class 1 Misdemeanor ceiling, 10 days mandatory jail with 9 suspendable on 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, license suspension, and probation up to 5 years.

What we did

After Future First filed Notice of Appearance, demanded discovery, and pressed the State on its proof, the State filed a Notice of Dismissal and the court entered the dismissal in June 2022.

The case ended in full dismissal. No conviction was entered. No jail, fine, IID, or probation was imposed. Under ARS § 13-911, the arrest record is eligible for sealing immediately upon dismissal.

What our clients say

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If you’re facing a DUI in Arizona

Arizona’s DUI statute under ARS § 28-1381 carries mandatory penalties that distinguish it from most other Class 1 Misdemeanors. The 10-day mandatory jail term, the 12-month ignition interlock requirement, the MADD victim impact panel attendance, and the alcohol screening and counseling all attach automatically to a first-offense conviction.

A full dismissal on a DUI is rare and depends on identifiable proof problems in the State’s case. The State has to prove driving (sometimes contested), impairment (sometimes contested), and the chemistry (sometimes contested). When defense work surfaces a real proof problem on any one of those elements, the prosecutor sometimes responds by filing a Notice of Dismissal rather than pushing the case to trial.

Notice of Dismissal is the prosecutor-side mechanism that closes a case without a plea. The State does not have to give a reason for the dismissal beyond noting that the case is being dropped. For the client, the result is the same as a Motion to Dismiss granted on defense motion: no conviction, no sentence, immediate sealing eligibility.

Future First Criminal Law has handled DUI cases across Maricopa County and Arizona. We know how Phoenix Municipal Court and other municipal courts handle proof-quality challenges, and how to push a case toward dismissal when the underlying evidence will not support a conviction.

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 case

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.