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A prefile DUI investigation in Arizona carried standard first-offense DUI exposure including mandatory jail, fines above $2,000, IID, license suspension, and a permanent DUI record. Future First worked the case at the prefile stage and the State never filed charges. The statute of limitations has now run.
At a glance
| Stage | Prefile investigation (before any criminal complaint filed) |
| Investigation type | DUI investigation under ARS § 28-1381 |
| Presumptive exposure if charged | Up to 180 days jail under the Class 1 Misdemeanor maximum (10 days mandatory with 9 suspendable on screening), fines and assessments running $1,500 to $2,000 plus surcharges, 12-month MVD ignition interlock, MADD victim impact panel, alcohol screening and counseling, license suspension, and up to 5 years probation |
| Result | After Future First’s prefile defense work, the State never filed charges; misdemeanor statute of limitations has run; 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 under ARS § 28-1381. If charges had been filed, the client would have faced standard first-offense DUI exposure: minimum jail under ARS § 28-1381(I) with up to 9 days suspendable on screening and counseling, a 12-month judge-ordered ignition interlock device, fines and assessments running $1,500 to $2,000 plus surcharges, 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 on the record.
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. The misdemeanor statute of limitations has now run. 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 our clients say
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If you’re under a prefile DUI investigation in Arizona
Prefile defense is the most cost-effective stage to engage criminal defense counsel. The prefile window runs from the date of police contact to the date the State files a formal criminal complaint. In Arizona, the misdemeanor statute of limitations on most charges is one year from the offense date. If the State does not file charges within that window, the case is permanently closed and the client never enters the court system.
Prefile defense work focuses on three things. First, controlling the client’s interaction with investigators to prevent statements or evidence-handling decisions that would strengthen a future filed case. Second, presenting the defense view of the evidence to the prosecutor’s intake unit before the charging decision is made. Third, monitoring the statute of limitations clock so the defense knows when the filing window closes.
When the State does not file within the statute of limitations, the matter is permanently barred. The client has no court case, no record of conviction, no probation tail, no fine, no IID, no license consequence. Arrest record sealing under ARS § 13-911 becomes available immediately, removing the incident from public view going forward.
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.