A 2nd-offense DUI enhancement based on a 2019 prior would have triggered 30 actual jail days at the statutory floor plus a 12-month IID and $3,000+ in fines. Future First negotiated the priors allegation out of the plea and structured the entire sentence around the Tempe Home Detention Program with zero in-custody time.

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 (both charged with 2nd-offense enhancement based on prior 2019 DUI)
Presumptive exposure	90 days mandatory jail with 60 days suspendable on screening and IID compliance (30 actual days at floor), fines and assessments commonly above $3,000, 12-month ignition interlock, license revocation, MADD victim impact panel, alcohol or drug screening and counseling
Result	2nd-offense enhancement dropped; 1st-offense plea on Count 1 only; companion BAC count dismissed; entire jail term served through Tempe Home Detention Program (zero in-custody time); home detention, $1,707 fines, screening/counseling, 6-month MVD IID, fingerprinting
Eligibility for set aside	Approximately 2022 under ARS § 13-905
Eligibility for sealing	Approximately 2025 under ARS § 13-911, three years after counseling completion

The stakes

The client faced two Class 1 misdemeanor DUI counts in Tempe after a 2021 traffic stop with a measured BAC of .110 and a prior 2019 DUI on record. With the prior, the State held leverage for a 2nd-offense conviction under ARS § 28-1381, which carries 90 days mandatory jail with 60 suspendable on screening and IID compliance (30 actual days at the floor), fines and assessments commonly above $3,000, a 12-month ignition interlock, license revocation, MADD victim impact panel, and alcohol screening and counseling.

Thirty consecutive days in custody on a 2nd-offense DUI floor would have meant losing employment, family stability, and any in-flight commitments the client had outside of jail.

What we did

After Future First negotiated the plea and pushed the State on the prior conviction allegation, the State dropped the 2nd-offense enhancement and accepted a 1st-offense plea on Count 1 only. The companion BAC count was dismissed. The court approved entry into the Tempe Home Detention Program, sparing the client any in-custody time on the sentence.

Final terms: home detention, $1,707 in fines and fees, substance abuse screening and counseling, 6-month MVD-imposed ignition interlock, and fingerprinting. The firm pulled the case out of the 2nd-offense tier entirely, saving 30 actual jail days from the 2nd-offense floor and roughly $1,500 in fines. Set aside under ARS § 13-905 is eligible approximately 2022. Sealing records under ARS § 13-911 is eligible approximately 2025, three years after counseling completion.

What our clients say

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If you’re facing a 2nd-offense DUI in Arizona

Arizona’s 2nd-offense DUI framework triggers when a new DUI occurs within 84 months of a prior DUI conviction. The 2nd-offense version carries dramatically higher mandatory minimums than the first offense, and the suspendable portion of the jail term shrinks. On a 2nd-offense standard DUI under § 28-1381, the 90-day mandatory jail term keeps 30 days non-suspendable. The Extreme and Super Extreme 2nd-offense tiers are worse.

Defense work on a priors allegation usually targets two parallel paths. First, attacking the prior itself: whether the prior conviction is valid, whether it was within the 84-month window at the time of the new offense, and whether the State can prove the prior at the sentencing hearing. Second, negotiating the priors allegation out of the plea entirely. When the State agrees, the case drops back to first-offense sentencing.

The Tempe Home Detention Program is one of the strongest sentencing tools available for clients who qualify. The client serves the time at home with monitoring rather than in custody. Employment, family, and housing all stay intact. The 24-hour-equivalent days count toward the statutory minimum, and the court can suspend additional days on screening completion.

Future First Criminal Law has handled 2nd-offense DUI cases across Maricopa County and Arizona. We know how Tempe Municipal Court and other municipal courts evaluate priors challenges and home detention 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 a 2nd-offense 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 for priors challenges and home detention conversion.

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.