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A prefile DUI investigation in Arizona carried mandatory jail, fines above $2,000, IID, license suspension, and a permanent DUI record if filed. Future First worked the case at the prefile stage and the State filed nothing. The misdemeanor statute of limitations has now run by approximately one year.
At a glance
| Stage | Prefile investigation (before any criminal complaint filed) |
| Investigation type | DUI investigation under ARS § 28-1381 |
| Presumptive exposure if charged | Minimum 10 consecutive days jail under ARS § 28-1381(I) with up to 9 suspendable on screening and counseling, 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, insurance rate increases, and a permanent DUI conviction |
| Result | After Future First’s prefile defense work, the State never filed charges; misdemeanor statute of limitations has now run by approximately one year; no conviction; no jail; no fine; no probation; no IID |
| Set aside under ARS § 13-905 | Not needed (no conviction entered) |
| Sealing under ARS § 13-911 | Arrest record sealing available immediately |
The stakes
The client was the subject of a prefile DUI investigation. If charges had been filed, the client would have faced standard DUI exposure: minimum 10 consecutive days jail under ARS § 28-1381(I) with up to 9 suspendable on screening and counseling, 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, insurance rate increases, and a permanent DUI conviction.
What we did
Future First represented the client throughout the prefile investigation. The firm controlled the client’s interaction with investigators, advised on rights, and built the defense before charges could be filed. After the firm’s prefile defense work, the State never filed charges and the misdemeanor statute of limitations has now run by approximately one year. No conviction. No jail. No fine. No probation. No IID. Set aside under ARS § 13-905 does not apply because no conviction was entered. Arrest record sealing under ARS § 13-911 available immediately.
What the client said
Extremely professional, knowledgeable and polite. I had Mr. Zachary Divelbiss represent me. Quick response time and stayed in full contact with me the entire time. Easy to contact your attorney and have any question answered. They were flexible with their payments as well. They helped me out of a bad situation and I felt confident having Future First represent me and would highly recommend their firm for anyone seeking legal guidance/protection.
— Verified Google review
If you’re under a prefile DUI investigation in Arizona
The misdemeanor statute of limitations on a DUI charge in Arizona is one year from the offense date. The State can file charges any time within that window. Past one year, the misdemeanor charge is permanently barred. When the statute runs by a year or more without a filed charge, the closure is definitive and removes any uncertainty about whether the State might revisit the case.
One-year-past-statute closure on a prefile DUI investigation is a strong outcome because it eliminates the lingering exposure that defendants experience during the open prefile window. The client knows the matter is over. The arrest record can be sealed immediately under ARS § 13-911. The incident no longer surfaces on any background check after sealing.
Future First Criminal Law has handled prefile DUI defense across Maricopa County and Arizona. We know how local prosecutor intake units evaluate prefile DUI investigations and what defense work moves the charging decision.
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
Call us
Under a prefile DUI investigation in Arizona? Call Future First Criminal Law at 602-932-7890 or request a free consultation. We have handled hundreds of Arizona prefile defense 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.