54+ Five-Star Google Reviews
“Attorney Divelbiss is bright, hard-working, and well-versed in criminal law. His legal writing is superb, and his commitment to his clients is outstanding. He will fight for you and offer you the best defense possible. Additionally, he is a pleasure to work with. I fully endorse this lawyer.”
J.S. 54+ Five-Star Google Reviews
“I hired Zachary after I found myself charged with a felony. He put me at ease right away and during the whole process he explained each step to where I understood everything and was always available for any questions I had. ”
S.N. 54+ Five-Star Google Reviews
“Attorney Zachary is a brilliant attorney, I highly recommend his company to resolve any legal/criminal matter satisfactorily. He still continue to work on my case to tie some loose ends. He is intelligent , prompt and a problem solver. I thank him a million times to protect my dignity and reputation.”
D.G. 54+ Five-Star Google Reviews
“I have had the pleasure of working with Mr. Divelbiss in the past and know him to be a hard working professional. His attention to detail and care for his clients set him apart from the rest!”
Joshua Black, Attorney 54+ Five-Star Google Reviews
“Attorney Divelbiss is a hard worker and will advocate for his clients with an attention to detail that you don’t see very often these days.”
Brandon White, Attorney 54+ Five-Star Google Reviews
“Attorney Divelbiss is bright, hard-working, and well-versed in criminal law. His legal writing is superb, and his commitment to his clients is outstanding. He will fight for you and offer you the best defense possible. Additionally, he is a pleasure to work with. I fully endorse this lawyer.”
Josephine Hallam, Attorney 54+ Five-Star Google Reviews
“Mr. Divelbiss and I worked in the same office, although we were at different law firms. He was eager to learn and developed a reputation for honesty and zealous advocacy.”
Kristopher Califano, Attorney 54+ Five-Star Google Reviews
“Mr. Divelbiss is a GREAT attorney, very honest and reliable. He takes his times with every client and answers all questions and concerns. Is been a pleasure working with Mr. Divelbiss and he serves his clients very well!”
Allen Hsu, AttorneyResources
Arizona DUI Laws
When it comes to DUI or DWI laws, terminology and regulations differ widely from state to state. According to Arizona’s revised statutes, driving under the influence of alcohol or drugs is illegal and carries severe penalties.
Driving under the influence, or driving drunk, is dangerous and results in the death of thousands of people every year. Due to Arizona’s hard stance against drunk driving, DUI offenders who cause accidents involving alcohol are penalized more severely.
If a driver is found driving with a blood alcohol concentration (BAC) above 0.08%, Arizona is a no-tolerance state, as reflected in its impaired driving laws. They may be convicted if they exceed the legal limit.
If you are arrested on a DUI charge, first call a lawyer with relevant driving-under-the-influence defense experience. You can obtain legal guidance from a Phoenix DUI lawyer within minutes.
54+ Five-Star Google Reviews
“Attorney Divelbiss is a hard worker and will advocate for his clients with an attention to detail that you don’t see very often these days.”
Brandon White, AttorneyExperienced Lawyer
Our mission is to help keep good people out of jail by balancing the criminal justice playing field so that each of our clients has a fighting chance to achieve realistic outcomes for their individual legal situations.
DUI vs. DWI: Differences and Similarities
There has been a lot of confusion over these terms due to the different applications in different states. DWI stands for driving while intoxicated, while DUI stands for driving while intoxicated.
DUI, however, is the only legal definition of the offense in Arizona. If DWI is referred to in Arizona, the meaning will be the same.
Blood Alcohol Levels and DUI
If your alcohol concentration level exceeds 0.08%, you will be charged with DUI.
However, if you were driving a commercial vehicle with a commercial driver’s license, you would be charged if you are a whisker above 0.04%. This is an apparent attempt to hold commercial drivers to a higher standard due to their occupation’s danger to other members of the public – especially if they participate in drunk driving.
If you are under 21 years old, you fall into a category that shows zero tolerance. This means that if there is evidence your blood alcohol level has any trace of alcohol, you will be charged with DUI.
Physical Control and Its Meaning
According to Arizona law, DUI charges can be filed when you are under the influence and driving and when you are in “actual physical control” of the motor vehicle. This means you must be driving the vehicle under the influence of alcohol or drugs.
People have been charged with DUI when sitting in a parked car, even when the ignition is not on. The real question is whether, when the person was charged with DUI, they were taking control or was about to take control of the vehicle in a dangerous manner.
An unlimited number of factors will be taken into account by a jury in deciding this, including:
Whether the ignition was on or the vehicle was running
The person was awake or asleep
The vehicle’s headlights were on
The driver voluntarily pulled off the road
Where the vehicle was stopped
The position the law enforcement officer found the driver in
The weather conditions
Getting dropped from DUI charges could be possible with the assistance of an experienced DUI lawyer.
DUI Conviction Penalties
DWI penalties vary depending on the classification of the DUI or DWI offense and whether it is your first, second, or third offense.
There are also other DUI categories, such as standard, aggravated, extreme, or super extreme, all of which carry special punishments. In Arizona, DUI convictions carry mandatory minimum jail sentences and fines.
Standard DUI Offense
A standard DUI means driving with a blood alcohol content of 0.08% or higher.
First DUI Offense
Penalties for a first-offense DUI with a level over 0.08% include:
- Jail time: 10-day minimum (1 day of jail and 9 days suspended)
- Driver’s license suspension: 90 days to 1 year
- Penalties and fines: At least $1,250
 | 54+ Five-Star Google Reviews |
Allen Hsu, Attorney
“Mr. Divelbiss is a GREAT attorney, very honest and reliable. He takes his times with every client and answers all questions and concerns. It has been a pleasure working with Mr. Divelbiss and he serves his clients very well!”
- Mandatory ignition interlock device installation
- Probation: five-year maximum
- A mandatory alcohol treatment program
- Possible Community Service
Even for a first offense, the penalties can be ramped up significantly when serious bodily injury or death occurs. The penalties are determined by their facts.
2nd Offense
Repeat DUI arrest offenders are treated harshly by Arizona law. This is reflected in the much heavier penalties for second offenses. A conviction for a 2nd DUI in Arizona with a blood alcohol content of 0.08 or higher is punishable as follows:
- Jail time: 90 days (6 days of jail, 24 days house arrest, 60 days suspended)
- Fine: $3,500 minimum
- Driver’s license revocation: 1 year (possible restricted license after 45 days)
- Mandatory ignition interlock device installation: 1 year
- Probation: five-year maximum
- A mandatory alcohol treatment program
- Possible 30 Hours Community Service
3rd DUI Offense
A third DUI offense in Arizona carries felony charges, mandatory jail time, and harsh penalties.
If you are convicted of your 3rd DUI in Arizona within seven years in Arizona, the penalties are increased and would include:
- Jail Time: At least four months
- License Revocation: 1 year
- Fines: At least $4,500
- Ignition interlock device: 2 years
- Probation: 10 years
If at least one of your prior DUIs includes an aggravated DUI conviction, your driver’s license can be revoked for two years.
Extreme DUI
A standard DUI refers to driving with a blood alcohol content of 0.15% or higher.
Extreme DUI first and second Offense Penalties
- Jail Time: 30 days (2 days of jail, 7 days house arrest, 21 days suspended)
- License Suspension: 90 days to 1 year
- Penalties and Fines: $3,000+
- Probation: 5 years
- Interlock ignition device mandatory: 1 year
Super Extreme DUI Offense
A Blood Alcohol Content of 0.20% or higher may result in a Super Extreme DUI, which is a Class 4 felony and attracts much stiffer penalties:
- A minimum 180 days in jail (3 days of jail, 11 days house arrest, 31 days suspended)
- License Suspension: 90 days to 1 year
- A minimum fine of at least $3,750
- The installed ignition interlock device: 18 months
What Is Meant by the Lookback Period?
DIU penalties often depend on whether or not the accused has prior DUIs. Whether any prior DUI conviction can be counted depends on the State law’s lookback period. Convictions older than the lookback period don’t count as priors. The lookback period in Arizona is seven years. Even if your prior DUI is older than 7 years, the prosecutor might still look at this and consider giving you a worse plea deal because of the prior.
Therefore, if your first DUI occurred within seven years before the second DUI, you are guilty of a second DUI offense. If the first DUI was outside of the seven-year rule, you will be treated as if this is your first offense, and the sentence will usually be lighter.
IID: What Is It?
Several DUI offenses require drivers to install an ignition interlock device. IIDs are ignition interlock devices installed at the driver’s expense. They are breathalyzers that measure the driver’s breath alcohol content before starting the vehicle. If alcohol is detected, the vehicle will not run.
DUI Defense at Future First Criminal Law
Your family, your job, and your life can be negatively affected by DUI arrests. A first DUI charge can result in a license suspension, alcohol education, or other remedial courses, so you might want to hire a lawyer. Failure to hire a lawyer can result in a much heavier penalty than you deserve.
Future First Criminal Law is ready to assist you. Should you be arrested for a DUI in Arizona, contact us immediately. Our attorneys will protect your rights and handle your case in your best interests. Reach out to us today to schedule your free consultation.
Areas Served
 | 2999 N. 44th St. Suite 307, Phoenix, AZ 85018 |
| 8650 N. 35th Ave. Suite 110, Phoenix, AZ 85018 |
Areas Served
| 2999 N. 44th St. Suite 307, Phoenix, AZ 85018 |
| 8650 N. 35th Ave. Suite 110, Phoenix, AZ 85018 |
We do not handle cases outside of our listed service areas but we can refer them to our trusted colleagues who do handle those out of Maricopa County areas.
Frequently Asked Questions
I’M INNOCENT! CAN YOU GET MY CASE DISMISSED?
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IF THE ALLEGED VICTIM DOES NOT WANT TO PRESS CHARGES, WILL THE CHARGES BE DROPPED?
Depending on the nature of the crime, even though a victim may withdraw from pressing charges, law enforcement (police and prosecutors) can still proceed with the charges if they choose to do so. This is very common in DUI situations and shoplifting but can happen with any crime.
WILL I HAVE TO GO TO TRIAL?
Ideally no, but it’s not always avoidable. Once your case goes to trial, your verdict will be determined; by the jury. A criminal defense attorney’s #1 goal is to resolve your case before it ever goes to trial to have the best chances of a favorable outcome. If your case does go to trial, we’ll be there to defend you.
IF I AM OFFERED A PLEA DEAL, SHOULD I TAKE IT?
Accepting a plea deal can help get a reduced charge, like having a felony reduced to a misdemeanor. That can have a massive impact on an individual trying to retain their professional license or protect their career prospects. But taking the plea deal isn’t always in your best interests — It’s the same as admitting guilt to a crime. This limits your lawyers’ ability to enforce your civil rights and get you the MOST favorable outcome possible (which could be getting your charges dropped).
DO I REALLY NEED A LAWYER IF I INTEND TO PLEAD GUILTY?
Although a lawyer can’t control whether you plead guilty or not guilty, they can provide you with the legal knowledge you need to make an informed decision. A lawyer will ensure your rights are protected, work with the courts to get you a reduced charge, a make sure you understand the process and the future implications of a guilty plea.
WHAT DOES GUILTY “BEYOND A REASONABLE DOUBT” MEAN?
During a trial, the prosecutor will present evidence to the court aimed to prove the defendants’ guilt. Upon assessing the evidence, if the jurors and judge are only able to draw one reasonable conclusion –that you were guilty– It is referred to as guilty beyond a reasonable doubt. There is simply no doubt of the defendants’ guilt and no other reasonable explanations based on the evidence shown.
WHAT IS THE JURY’S ROLE IN A CRIMINAL TRIAL?
The primary role of a jury is to determine innocence or guilt. They assess all evidence presented in a case, review facts, ask questions, and discuss amongst themselves until they conclude. The jurors must all come to the same conclusion; otherwise, it results in a “hung jury” and can lead to a mistrial.
54+ Five-Star Google Reviews
“Attorney Divelbiss is bright, hard-working, and well-versed in criminal law. His legal writing is superb, and his commitment to his clients is outstanding. He will fight for you and offer you the best defense possible. Additionally, he is a pleasure to work with. I fully endorse this lawyer.”
J.S. 54+ Five-Star Google Reviews
“I hired Zachary after I found myself charged with a felony. He put me at ease right away and during the whole process he explained each step to where I understood everything and was always available for any questions I had. ”
S.N. 54+ Five-Star Google Reviews
“Attorney Zachary is a brilliant attorney, I highly recommend his company to resolve any legal/criminal matter satisfactorily. He still continue to work on my case to tie some loose ends. He is intelligent , prompt and a problem solver. I thank him a million times to protect my dignity and reputation.”
D.G. 54+ Five-Star Google Reviews
“I have had the pleasure of working with Mr. Divelbiss in the past and know him to be a hard working professional. His attention to detail and care for his clients set him apart from the rest!”
Joshua Black, Attorney 54+ Five-Star Google Reviews
“Attorney Divelbiss is a hard worker and will advocate for his clients with an attention to detail that you don’t see very often these days.”
Brandon White, Attorney 54+ Five-Star Google Reviews
“Attorney Divelbiss is bright, hard-working, and well-versed in criminal law. His legal writing is superb, and his commitment to his clients is outstanding. He will fight for you and offer you the best defense possible. Additionally, he is a pleasure to work with. I fully endorse this lawyer.”
Josephine Hallam, Attorney 54+ Five-Star Google Reviews
“Mr. Divelbiss and I worked in the same office, although we were at different law firms. He was eager to learn and developed a reputation for honesty and zealous advocacy.”
Kristopher Califano, Attorney 54+ Five-Star Google Reviews
“Mr. Divelbiss is a GREAT attorney, very honest and reliable. He takes his times with every client and answers all questions and concerns. Is been a pleasure working with Mr. Divelbiss and he serves his clients very well!”
Allen Hsu, Attorney