A Standard DUI plus an Underage DUI count at Phoenix Municipal Court carried stacked DUI convictions with two permanent records on the file. Future First got the Standard DUI count dismissed entirely and resolved the case to a single Underage DUI count with all 10 jail days suspended.
At a glance
| Court | Phoenix Municipal Court |
| Original charges | DUI Impaired to the Slightest Degree (ARS § 28-1381(A)(1)), Class 1 Misdemeanor; Underage DUI – Minor Operating with Liquor in Body (ARS § 4-244(34)), Class 1 Misdemeanor |
| Presumptive exposure | 10 consecutive days jail under ARS § 28-1381(I) with up to 9 suspendable on counseling completion, a 12-month judge-ordered ignition interlock device, base fines starting at $1,250 plus 84 percent surcharges and assessments totaling over $2,000, MADD Victim Impact Panel, supervised probation up to five years, mandatory alcohol screening and treatment, automatic driver license suspension, mandatory 2-year underage DUI license suspension, significant insurance rate increases, a three-year arrest record sealing wait under ARS § 13-911 measured from IID removal, and two permanent DUI convictions on the record |
| Result | State dismissed the standard DUI count entirely; client pled to a single Class 1 Misdemeanor Underage DUI under ARS § 4-244(34); 24 months probation; 10 days jail fully suspended on successful completion of probation; $516 fine |
| Eligibility for set aside | 2027 after probation completion under ARS § 13-905 |
| Eligibility for sealing | Approximately 2030 under ARS § 13-911, three years after sentence completion |
The stakes
The client faced two Class 1 Misdemeanor counts in Phoenix Municipal Court: standard DUI Slightest Degree under ARS § 28-1381(A)(1) and Underage DUI under ARS § 4-244(34). Stacked DUI and Underage DUI convictions would have meant 10 consecutive days jail under ARS § 28-1381(I) with up to 9 suspendable on counseling completion, a 12-month judge-ordered ignition interlock device, base fines starting at $1,250 plus 84 percent surcharges and assessments totaling over $2,000, MADD Victim Impact Panel, supervised probation up to five years, mandatory alcohol screening and treatment, automatic driver license suspension, mandatory 2-year underage DUI license suspension, significant insurance rate increases, a three-year arrest record sealing wait under ARS § 13-911 measured from IID removal, and two permanent DUI convictions on the record.
What we did
Future First negotiated the case down by getting the standard DUI count dismissed entirely. The client pled to a single Class 1 Misdemeanor Underage DUI under ARS § 4-244(34), received 24 months probation, 10 days jail fully suspended on successful completion of probation, and paid a $516 fine. Set aside under ARS § 13-905 available 2027 after probation completion. Arrest record sealing under ARS § 13-911 eligible approximately 2030, three years after sentence completion.
What our clients say
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If you’re facing stacked DUI plus Underage DUI charges in Arizona
Stacked DUI plus Underage DUI cases create two parallel permanent convictions when the standard plea structure runs. The defendant ends up with two DUI stripes on the record, two probation tails, and two sets of collateral consequences. Defense work that consolidates the case to a single count eliminates one full conviction from the record.
Dismissing the standard DUI count rather than the Underage DUI count is a deliberate strategic choice. The standard DUI carries the harder IID requirement, the MADD VIP, the mandatory alcohol counseling, and the standard-DUI sealing math (three years from IID removal). The Underage DUI carries the 2-year underage license suspension but with a cleaner record imprint when running as a single-count plea. The choice between which count to dismiss depends on which collateral consequences matter most to the client.
All-jail-days suspended on probation completion is the lightest custody structure available on any DUI plea. The 10-day sentence stays suspended throughout probation. The client serves zero actual days unless probation is violated.
Future First Criminal Law has handled stacked DUI plus Underage DUI cases across Maricopa County and Arizona. We know how Phoenix Municipal Court evaluates count-dismissal strategies on multi-count DUI cases.
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 stacked DUI charges in Arizona? Call Future First Criminal Law at 602-932-7890 or request a free consultation. We have handled hundreds of Arizona DUI cases. 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.