A .08 plus DUI at Scottsdale City Court carried a permanent .08+ DUI conviction on the record. Future First reduced the case one tier to DUI Slightest Degree, removing the .08+ stripe from the record imprint, with a partial jail cost waiver at sentencing.
At a glance
| Court | Scottsdale City Court |
| Original charge | DUI with BAC of .08 or More (ARS § 28-1381(A)(2)), Class 1 Misdemeanor |
| Presumptive exposure | 10 consecutive days jail under ARS § 28-1381(I) with up to 9 suspendable on screening and counseling completion (1 day actual floor), 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, significant insurance rate increases, a three-year arrest record sealing wait under ARS § 13-911 measured from IID removal, and a permanent .08+ DUI conviction on the record |
| Result | State amended charge one tier down to DUI Impaired to the Slightest Degree under ARS § 28-1381(A)(1); 10 days jail with 9 suspended on counseling completion; alcohol screening and counseling completed; $1,800 fines paid in full; judge waived $150 in jail costs |
| Eligibility for set aside | 2026 upon IID removal and program completion under ARS § 13-905 |
| Eligibility for sealing | Approximately 2029 under ARS § 13-911, three years after IID removal, with the public-record imprint dropped from .08+ to Slightest Degree |
The stakes
The client faced .08+ DUI exposure under ARS § 28-1381(A)(2) in Scottsdale City Court. A .08+ DUI conviction would have meant 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, significant insurance rate increases, a three-year arrest record sealing wait under ARS § 13-911 measured from IID removal, and a permanent .08+ DUI conviction on the record.
What we did
Future First negotiated the case down one tier from .08+ DUI to DUI Impaired to the Slightest Degree under ARS § 28-1381(A)(1). The client served 10 days jail with 9 suspended on counseling completion, completed alcohol screening and counseling, paid $1,800 in fines in full, and the judge waived $150 of the jail costs. Set aside under ARS § 13-905 available 2026 upon IID removal and program completion. Arrest record sealing under ARS § 13-911 eligible approximately 2029, three years after IID removal, with the public-record imprint dropped from .08+ to Slightest Degree.
What our clients say
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If you’re facing .08 plus DUI in Arizona
The DUI tier distinction between .08+ DUI under ARS § 28-1381(A)(2) and Slightest Degree DUI under ARS § 28-1381(A)(1) matters most on the record imprint. Both subsections are Class 1 Misdemeanors with similar sentencing exposure, but the .08+ stripe specifically references the BAC reading, while Slightest Degree references impairment alone. Background checks, employer screens, and insurance carriers sometimes treat these subsections differently in their evaluations.
Reducing the charge to Slightest Degree drops the BAC-specific reference from the conviction record. The public-record imprint shows “DUI Slightest Degree” rather than “DUI with BAC of .08 or More.” For some clients in licensure-dependent or security-clearance contexts, this distinction carries practical weight.
Future First Criminal Law has handled .08+ DUI tier-reduction cases across Maricopa County and Arizona. We know how Scottsdale City Court evaluates one-tier reduction requests.
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 .08 plus DUI in Arizona? Call Future First Criminal Law at 602-932-7890 or request a free consultation. We have handled hundreds of Arizona DUI cases at every tier. 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.