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Two Class 1 Misdemeanor DUI counts at Tempe Municipal Court could have produced standard DUI fines of $1,500 to $2,000 plus a 12-month MVD ignition interlock and a 5-year probation tail. Future First pulled the case down to Reckless Driving with no DUI conviction and total fines of $796.
At a glance
| Court | Tempe Municipal Court |
| Original charges | DUI Impaired to the Slightest Degree (ARS § 28-1381(A)(1)), Class 1 Misdemeanor; DUI BAC .08 or More (ARS § 28-1381(A)(2)), Class 1 Misdemeanor |
| Presumptive exposure | Up to 10 days jail with 9 suspendable on screening, fines and assessments around $1,500 to $2,000 plus surcharges, 12-month MVD ignition interlock, MADD victim impact panel, alcohol screening and counseling, license suspension, up to 5 years probation |
| Result | State amended DUI charges to Reckless Driving (ARS § 28-693(A)), Class 2 Misdemeanor; both DUI counts dismissed; total fines $796 |
| Conviction | Reckless Driving Class 2 Misdemeanor only; no DUI conviction |
| Eligibility for set aside | Eligible after sentence completion under ARS § 13-905 |
| Eligibility for sealing | Approximately 2023 under ARS § 13-911 (Class 2 Misdemeanor 2-year wait) |
The stakes
The client faced two Class 1 misdemeanor DUI counts at Tempe Municipal Court under ARS § 28-1381(A)(1) and (A)(2). First-offense DUI exposure in Arizona runs up to 10 days jail with 9 suspendable on screening, $1,500 to $2,000 in fines and assessments plus surcharges, a 12-month MVD ignition interlock, MADD victim impact panel, alcohol screening and counseling, license suspension, and probation up to 5 years.
A DUI conviction also carries lifetime collateral consequences for employment, insurance, and licensing. Insurance companies routinely raise rates or non-renew policies after a DUI conviction, and many employers run background checks that flag DUI specifically.
What we did
After Future First negotiated the plea and pressed the State on the case, the State amended the DUI charges down to Reckless Driving under ARS § 28-693(A), Class 2 Misdemeanor. The DUI counts were dismissed. The client pled to Reckless Driving with no DUI conviction.
Total fines came in at $796, well below typical DUI fine packages. The client kept the record clean of any DUI. Set aside under ARS § 13-905 is eligible after sentence completion. Sealing records under ARS § 13-911 is eligible approximately 2023, two years after sentence completion under the Class 2 Misdemeanor wait.
What our clients say
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If you’re facing a DUI in Arizona
Arizona’s DUI statute under ARS § 28-1381 carries mandatory penalties that distinguish it from most other Class 1 Misdemeanors. The 10-day mandatory jail term, the 12-month ignition interlock requirement, the MADD victim impact panel attendance, and the alcohol screening and counseling all attach automatically to a first-offense conviction. The collateral consequences for insurance, employment, and licensing follow the conviction for life.
Amending a DUI charge down to Reckless Driving under ARS § 28-693(A) eliminates all of those DUI-specific consequences. Reckless Driving is a Class 2 Misdemeanor with no IID requirement, no MADD panel, and no specific licensure flag. The shorter Class 2 Misdemeanor sealing wait (2 years vs. 3 years for the DUI tier) also lets the client clean up the record faster.
Getting the State to agree to a Reckless Driving amendment usually requires defense work that surfaces a real impairment-proof issue. Field sobriety failures that can be explained by non-impairment factors, blood-draw chain-of-custody questions, deprivation-period timing issues, and similar challenges all weigh in the negotiation. When the prosecutor sees a credible path to suppression or trial loss, the amendment becomes a practical alternative.
Future First Criminal Law has handled DUI amendment cases across Maricopa County and Arizona. We know how Tempe Municipal Court and other municipal courts evaluate impairment-proof challenges, and how to position a case for a Reckless Driving amendment.
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 or reckless driving conviction
Call us
Facing a DUI in Arizona? Call Future First Criminal Law at 602-900-7625 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.