Future First Criminal Law

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We Keep Good People Out Of Jail

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A two-count first-offense DUI at Phoenix Municipal Court would have triggered the full DUI penalty stack at sentencing. Future First sent multiple deviation letters and the client completed substance abuse counseling, MADD, and alcohol screening ahead of sentencing, letting the firm structure the plea around program-based suspension of jail days.

At a glance

Court Phoenix Municipal Court
Original charges DUI Impaired to the Slightest Degree (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 ignition interlock, MADD victim impact panel, alcohol screening and counseling, license suspension, up to 5 years probation
Result Plea structured around program-based jail-day suspension after client completed substance abuse counseling, MADD victim impact panel, and the alcohol screening track ahead of sentencing
Eligibility for set aside Eligible now once sentence terms complete under ARS § 13-905
Eligibility for sealing Approximately 2025 under ARS § 13-911, three years after counseling completion

The stakes

The client faced Class 1 misdemeanor DUI counts in Phoenix Municipal Court under ARS § 28-1381(A)(1) and ARS § 28-1381(A)(2). First-offense DUI exposure in Arizona runs up to 10 days jail with 9 suspendable on screening, $1,500 to $2,000 in fines and assessments plus surcharges, 12-month ignition interlock, MADD victim impact panel, alcohol screening and counseling, license suspension, and probation up to 5 years.

What we did

After Future First sent multiple deviation letters to the prosecutor and pushed the State on its proof, the client completed substance abuse counseling, MADD panel, and the alcohol screening track ahead of sentencing. The court entered final orders in 2022. The firm structured the plea to allow program-based suspension of jail days.

The client is eligible to set aside the conviction under ARS § 13-905 once all terms complete and eligible to seal the record under ARS § 13-911 approximately 2025, three years after counseling completion.

What our clients say

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If you’re facing a first-offense DUI in Arizona

Pre-sentencing program completion is one of the most underused defense moves in Arizona DUI cases. The standard sentencing posture on a first-offense DUI requires the client to complete substance abuse screening, MADD victim impact panel, and any required counseling within a window set by the court after sentencing. Most defendants complete these conditions after the sentence is imposed, on the court’s timeline.

Completing the required programs before sentencing changes the negotiation. When the client walks into sentencing having already finished MADD, screening, and counseling, the court has documented evidence of the client’s commitment to address the underlying issues. That evidence supports a sentence structured around program-based suspension of jail days, where the suspended portion is tied to conditions the client has already met rather than conditions that hang over the case going forward.

Multiple deviation letters can also support the position over time. Each letter can update the prosecutor on completion milestones (counseling intake, screening completion, MADD attendance). When the State sees consistent rehabilitative progress, the prosecutor’s posture often softens enough to support a non-standard sentence.

Future First Criminal Law has handled DUI cases at every tier across Maricopa County and Arizona. We know how Phoenix Municipal Court and other municipal courts handle pre-sentencing program documentation and how to structure a plea around it.

Related resources

Call us

Facing a first-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 deviation letters and pre-sentencing program completion.


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.