A two-count DUI bundle at Phoenix Municipal Court (DUI Slightest Degree plus DUI Drugs/Metabolite) carried stacked DUI exposure with two permanent DUI convictions on the record. Future First got the alcohol DUI count dismissed and resolved the case to a single DUI Drugs count with jail costs waived.
At a glance
| Court | Phoenix Municipal Court |
| Original charges | DUI Impaired to the Slightest Degree (ARS § 28-1381(A)(1)), Class 1 Misdemeanor; DUI with a Drug Listed in ARS § 13-3401 or its Metabolite (ARS § 28-1381(A)(3)), Class 1 Misdemeanor |
| Presumptive exposure | 10 consecutive days jail under ARS § 28-1381(I) with up to 9 suspendable on counseling, a 12-month judge-ordered ignition interlock device, base fines starting at $1,250 per count plus 84 percent surcharges and assessments totaling over $2,000 per count, MADD Victim Impact Panel, supervised probation up to five years, mandatory alcohol and drug screening and treatment, automatic driver 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 DUI Slightest Degree count; case amended to single Class 1 Misdemeanor DUI Drugs/Metabolite count under ARS § 28-1381(A)(3); 1 day jail with 9 days suspended on counseling completion; screening and counseling completed; $1,495 fines; judge waived jail costs entirely |
| Eligibility for set aside | Upon program completion under ARS § 13-905 |
| Eligibility for sealing | Approximately 2028 under ARS § 13-911, three years after punishment completion |
The stakes
The client faced two Class 1 Misdemeanor DUI counts in Phoenix Municipal Court: DUI Slightest Degree under ARS § 28-1381(A)(1) and DUI with a Drug or its Metabolite under ARS § 28-1381(A)(3). Two stacked C1M DUI convictions would have meant 10 consecutive days jail under ARS § 28-1381(I) with up to 9 suspendable on counseling, a 12-month judge-ordered ignition interlock device, base fines starting at $1,250 per count plus 84 percent surcharges and assessments totaling over $2,000 per count, MADD Victim Impact Panel, supervised probation up to five years, mandatory alcohol and drug screening and treatment, automatic driver 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 from a two-count DUI bundle to a single Class 1 Misdemeanor DUI Drugs/Metabolite count under ARS § 28-1381(A)(3). The DUI Slightest Degree count was dismissed. The client served 1 day jail with 9 days suspended on counseling completion, completed screening and counseling, paid $1,495 in fines, and the judge waived jail costs entirely. Set aside under ARS § 13-905 available upon program completion. Arrest record sealing under ARS § 13-911 eligible approximately 2028, three years after punishment completion.
What our clients say
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If you’re facing alcohol plus drug DUI charges in Arizona
Stacked alcohol-plus-drug DUI cases (subsections (A)(1) and (A)(3) of ARS § 28-1381) are common when blood testing returns positive for both. The State charges both subsections to preserve both impairment theories at trial. Defense work that dismisses one subsection eliminates that conviction from the record.
Choosing which subsection to keep matters strategically. The Slightest Degree subsection under (A)(1) carries the alcohol-DUI flag. The Drugs/Metabolite subsection under (A)(3) carries the drug-DUI flag. Background-check evaluations sometimes treat these differently depending on the employer’s risk model.
Future First Criminal Law has handled alcohol-plus-drug DUI cases across Maricopa County and Arizona. We know how Phoenix Municipal Court evaluates count-dismissal plea structures on multi-subsection 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 alcohol-plus-drug 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.