A prefile DUI investigation in Arizona carried mandatory jail, fines above $2,000, IID, and a permanent DUI record if a misdemeanor charge filed. The police report also opened the door to felony Aggravated DUI exposure on certain fact patterns. Future First worked the case at the prefile stage and the State filed nothing.

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 on the record
Result	After Future First’s prefile defense work, the State filed no charges; misdemeanor statute of limitations has now run; police report supports no felony charge; 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 at the misdemeanor level, 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 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 were filed. After the firm’s prefile defense work, the State never filed charges. The misdemeanor statute of limitations has now run. The police report supports no felony charge. 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

Future First Criminal Law has earned hundreds of five-star reviews from clients across Arizona. Read our verified Google reviews or see what past clients have said on our client reviews page.

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. Once that window closes without a filed charge, the matter is permanently barred at the misdemeanor level. Defense counsel monitoring the prefile clock can confirm closure of the misdemeanor window and assess any remaining felony exposure based on the police report content.

Felony Aggravated DUI under ARS § 28-1383 has a longer statute of limitations and applies on specific aggravators (suspended license, child passenger, third DUI within 84 months, wrong way driving). If the police report does not document any of those aggravators, the case has no felony hook and the misdemeanor statute closing bars the matter entirely.

Prefile defense work that monitors both statute clocks and the felony aggravator analysis can deliver a definitive “case is closed” outcome instead of an indefinite waiting period. The client knows the matter is over.

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 the statute of limitations math.

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.