A two-count first-offense DUI at Tempe Municipal Court would have triggered the standard DUI penalty stack on conviction. Future First submitted a written deviation request and the State amended the lead charge down to Reckless Driving with no DUI conviction.

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 alcohol screening, fines and assessments around $1,500 to $2,000 plus surcharges, 12-month ignition interlock, MADD victim impact panel, alcohol screening and counseling, license suspension, up to 5 years probation
Result	State amended lead charge down to Reckless Driving (ARS § 28-693(A)), Class 2 Misdemeanor; both DUI counts dismissed; plea to Reckless with 1 day jail, $500 base fine plus surcharges, Level II alcohol counseling; no DUI conviction; no court-ordered IID; no probation
Eligibility for set aside	Approximately 2022 under ARS § 13-905
Eligibility for sealing	Approximately 2024 under ARS § 13-911 (Class 2 Misdemeanor 2-year wait)

The stakes

The client faced Class 1 misdemeanor DUI charges at Tempe Municipal Court under ARS § 28-1381(A)(1) and ARS § 28-1381(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 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.

What we did

After Future First submitted a written deviation request to the prosecutor and pushed the State on the case, the State amended the lead charge down from DUI to Reckless Driving under ARS § 28-693(A), a Class 2 Misdemeanor. The DUI counts were dismissed.

The client pled to Reckless Driving with 1 day jail, $500 base fine plus surcharges, and Level II alcohol counseling. No DUI conviction. No ignition interlock through the criminal court. No probation imposed. The client kept the record clean of any DUI and walked out with a Class 2 traffic misdemeanor instead. Set aside under ARS § 13-905 is eligible approximately 2022. Sealing records under ARS § 13-911 is eligible approximately 2024, two years after sentence completion under the Class 2 Misdemeanor wait.

What our clients say

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If you’re facing a first-offense DUI in Arizona

The deviation letter is the standard tool defense counsel uses to ask the State to deviate from its default plea offer. Most prosecutor offices have a written deviation policy that requires the defense to submit a memo identifying specific factors that justify a non-standard offer. Common factors include: clean prior history, mitigating circumstances at the time of the alleged offense, proof problems in the State’s case, or rehabilitative steps the client has already taken.

A well-written deviation letter on a DUI case can move the State from the standard “DUI plea with 12-month IID” offer to a Reckless Driving amendment. The Reckless Driving plea under § 28-693(A) is a Class 2 Misdemeanor with no IID, no MADD panel, no specific licensure flag, and a shorter sealing wait than any DUI tier.

Future First Criminal Law has handled deviation-letter DUI cases across Maricopa County and Arizona. We know how Tempe Municipal Court and other municipal courts evaluate deviation requests, and how to position a case so the State agrees to amend the DUI down to Reckless Driving.

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.