An Extreme DUI arrest from a welfare-check call at a convenience store would have triggered 30 days mandatory jail, a 12-month IID, and roughly $2,760 in fines on conviction. Future First pressed discovery and the State dismissed both DUI counts citing no reasonable likelihood of conviction.

At a glance

Court	Tempe Municipal Court
Original charges	DUI Impaired to the Slightest Degree (ARS § 28-1381(A)(1)) and DUI BAC .08 or More (ARS § 28-1381(A)(2)), both Class 1 Misdemeanors, with Extreme DUI allegation
Presumptive exposure (Extreme tier)	30 days jail with 21 suspendable on counseling, ~$2,760 in fines and assessments, 5 years probation, 12 months IID, license suspension, alcohol counseling, MADD, Traffic Survival School
Result	State filed its own Motion to Dismiss in 2022 citing no reasonable likelihood of conviction; both DUI charges dismissed
Penalties avoided	~$7,810 in combined jail and fine exposure
Eligibility for sealing	Immediate under ARS § 13-911 in 2022 (case ended in dismissal); no set aside required

The stakes

The client was arrested in 2022 in Tempe on suspicion of Extreme DUI after a welfare-check call to a convenience store. The client’s blood-alcohol content tested above the Extreme DUI threshold of 0.15. The State filed two DUI counts: ARS § 28-1381(A)(1) (impaired to slightest degree) and ARS § 28-1381(A)(2) (BAC .08 or higher, C1M).

Standard exposure for a first-time Extreme DUI in Arizona includes 30 days of jail (21 days suspendable on counseling completion), approximately $2,760 in fines and assessments, 5 years of probation, mandatory ignition interlock for 12 months, license suspension, alcohol and substance abuse counseling, MADD victim impact panel, and traffic survival school.

What we did

Future First built the defense around weaknesses in the State’s driving evidence and inconsistencies in the investigation. The arresting officer had no direct observation of the client driving impaired. The State’s case relied on a convenience store clerk’s call and store surveillance footage. The client made no admissions to drinking. The client’s speech was noted as clear, eyes had equal pupils, and the client refused to answer interview questions. Identification confusion between the client’s out-of-state driver license and Arizona MVD records added another layer of doubt.

After the firm pressed the discovery and evidentiary issues, the State filed its own Motion to Dismiss in 2022 citing no reasonable likelihood of conviction. Both DUI counts dismissed. No jail served. No fines paid. No IID. No probation. No counseling. No conviction. The client avoided approximately 30 days of jail exposure, roughly $7,810 in jail and fine savings under the firm’s standard formula, and 5 years of probation. The case is eligible for sealing records under ARS § 13-911 immediately upon dismissal in 2022. No set aside required since no conviction was entered.

What our clients say

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If you’re facing a welfare-check DUI in Arizona

Welfare-check DUI cases have a built-in defense feature: the arresting officer typically did not witness the alleged driving impairment. The investigation starts with a third-party call (a clerk, a passerby, a neighbor) reporting concern about a person who may have been driving impaired. By the time officers arrive, the alleged driving has already ended. The State has to prove driving and impairment without the officer’s direct observation.

Defense work on welfare-check DUI cases targets every gap between the witness call and the officer arrival. Did the witness actually see driving? Did the witness see impairment, or just behavior that triggered concern? Did the surveillance footage corroborate the witness account? Did the client make any statements that the State could use? Each gap becomes a path to challenge the case.

Identification confusion is another path. When the client’s driver license, vehicle registration, and MVD record do not line up cleanly, the State has to prove identity before proving conduct. Out-of-state license issues, expired registration, or MVD-record mismatches can all undermine the State’s ability to prove who was actually driving.

Future First Criminal Law has handled welfare-check DUI cases across Maricopa County and Arizona. We know how Tempe Municipal Court and other municipal courts evaluate “no reasonable likelihood of conviction” dismissals, and how to push the State toward filing that motion when the proof problems support it.

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 case

Call us

Facing an Extreme 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.