Being arrested for a DUI can feel overwhelming, especially with the potential DUI penalties.
The first 30 days are crucial because several deadlines arrive quickly, especially the Motor Vehicle Division deadline, which can impact your license and your ability to drive to work or school.
The choices you make in the first month can change the outcome of your case. Shah Law Firm offers a free consultation so you can speak with a DUI lawyer and get clear answers about your next move.
- What Happens in Tempe in the First 30 Days After a DUI Arrest
- Your License and the 15 Day MVD Deadline, Admin Per Se and Implied Consent
- Arraignment in Tempe Municipal Court and Early Court Dates
- Building Your DUI Defense in the First Month
- Potential Penalties in Arizona DUI Cases
- FAQs About a Tempe DUI Case in the First 30 Days
- Important Things to Remember
- How Shah Law Firm Can Help
What Happens in Tempe in the First 30 Days After a DUI Arrest
After a DUI arrest in Tempe, police usually issue a citation with an arraignment date at the Tempe Municipal Court.
Some cases involve release on your own recognizance, others require a bond. If blood is drawn, results may take weeks, but the court process often begins before the lab report is returned.
Either way, your DUI case starts immediately, not when the lab finishes.
During these 30 days, there are two tracks to watch. The first is the criminal case in court. The second is the administrative process with the Arizona Motor Vehicle Division. The MVD track can cause a license suspension even before any court conviction if you do not act. Both tracks need attention right away.
Arizona DUI laws outline the penalties for driving under the influence. A.R.S. 28-1381 for standard DUI, A.R.S. 28-1382 for extreme and super extreme DUI, and A.R.S. 28-1383 for aggravated DUI. The implied consent rule is in A.R.S. 28-1321, and the admin per se suspension is under A.R.S. 28-1385.
Your License and the 15 Day MVD Deadline, Admin Per Se and Implied Consent
When you were arrested for DUI in Tempe, the officer may have served you with an admin per se or implied consent form.
This paper triggers the MVD process.
If your blood alcohol test or breath test is 0.08 or higher, the admin per se suspension under A.R.S. 28-1385 begins unless you request a hearing within 15 days.
If you refuse the test, the implied consent law under A.R.S. 28-1321 calls for a one-year suspension for a first refusal, unless you request a hearing within the same 15-day window.
The hearing is with an administrative law judge from the Executive Hearing Office. It is separate from the court.
If you do not request a hearing, your driver’s license suspension will start automatically.
For a test over the legal limit, the typical suspension is 90 days, with a possible restricted permit after the first 30 days if you qualify.
For a refusal, the suspension is longer and more restrictive.
A DUI lawyer like Arja Shah can file the hearing request for you to stop an automatic suspension while the hearing is pending. Preserving your driving privileges helps you keep your schedule stable, and it can improve your case outcome by giving time to investigate. Missing this 15-day deadline is one of the most costly mistakes that happens after a DUI arrest.
Arraignment in Tempe Municipal Court and Early Court Dates
Your arraignment is usually the first court appearance at Tempe Municipal Court.
You will be advised of the charges, the judge will ensure you understand your rights, and you will enter a plea.
In most DUI cases, your defense lawyer will enter a not guilty plea, ask for disclosure, and request time to review the evidence.
The court then sets a pretrial conference date.
At arraignment, the judge may impose conditions of release.
These can include standard terms such as obeying all laws, no alcohol violations, and attending all future settings.
If you are facing aggravated DUI, the case may be filed in a different court, but for standard and extreme DUI, the Tempe Municipal Court commonly handles the case.
Receiving the police report and all field sobriety test information is an early goal.
Your attorney may also request body camera video, dash camera video, and calibration logs for any breath test device. The steps to protect your interests will be discussed. An early review of blood alcohol lab records can reveal issues worth raising at the MVD hearing and in court.
Building Your DUI Defense in the First Month
The first 30 days are when evidence is most easily preserved.
If you were stopped near Mill Avenue, Town Lake, or the ASU campus, nearby security cameras or city traffic cameras may have footage that supports your defense.
Rideshare receipts, bar tabs, and text messages can also help.
Your experienced DUI team at Shah Law Firm will start this process right away.
If you have medical conditions that affect balance or eye movement, let your defense attorney know now. Field sobriety tests can be unreliable for people with injuries, vertigo, or fatigue from heat.
Arizona summers make roadside testing difficult. Getting medical records early allows your attorney to challenge these tests later with specifics, not guesses.
Your lawyer may also send a request for a hearing to the MVD and file motions in court.
One early strategy is to obtain the exact details of the traffic stop. If the stop in Tempe lacked a lawful basis, the defense may file a motion to suppress the stop, which can lead to a dismissal or reduced charges. Work done in month one sets the stage for the rest of the legal process.
Potential Penalties in Arizona DUI Cases
Arizona imposes mandatory minimum penalties if you are convicted.
| Charge and Statute | Mandatory Minimums | License Consequences | Interlock | Notes |
| Standard DUI, A.R.S. 28-1381 | 10 days jail, 9 may be suspended with screening and treatment, fines and surcharges apply | Admin per se 90 day suspension, A.R.S. 28-1385, possible restricted permit after 30 days | Ignition interlock required after conviction | Applies at BAC 0.08 to 0.149 |
| Extreme DUI, A.R.S. 28-1382, 0.15 to 0.199 | 30 days jail minimum | Admin per se consequences as above | Interlock required, typically longer duration | Higher fines and assessments |
| Super Extreme DUI, A.R.S. 28-1382, 0.20 or higher | 45 days jail minimum | Admin per se consequences as above | Interlock required, often extended | Substantial fines and fees |
| Aggravated DUI, A.R.S. 28-1383 | Felony, prison exposure, probation with jail possible | Lengthy revocation or suspension depending on basis | Interlock required after reinstatement | Triggered by suspended license, third DUI in 7 years, or child under 15 in vehicle |
| Refusal Suspension, A.R.S. 28-1321 | No jail minimum from refusal alone | 1 year suspension for first refusal, 2 years for a second within 84 months | Interlock depends on any conviction | Request MVD hearing within 15 days to contest |
Penalties for driving under the influence can be negotiated through a plea agreement or litigated at trial.
A skilled attorney can often seek a reduction in penalties for those charged with a DUI, reduced charges or alternatives by exposing weaknesses in the evidence.
Shah Law Firm will explain realistic outcomes, not wishful thinking, so you can make informed choices about your case.
FAQs About a Tempe DUI Case in the First 30 Days
- What happens right after a DUI arrest in Tempe?
You receive a court date for arraignment and, if served, an admin per se or implied consent notice. This starts the MVD clock. Contact a dui attorney quickly to protect your license and prepare for court. - How long do I have to request an MVD hearing?
You have the right to a defense attorney if you are charged with a DUI. 15 days from service of the MVD paperwork to request a hearing. If you do not, your license will be automatically suspended. - Do I need to attend the arraignment in person?
Often your lawyer can appear and enter a plea for you, but it depends on the court’s procedures and your case. Talk to your counsel before the date. - Will my license be suspended even before court is done?
Yes, unless you request an MVD hearing in time, your license will be suspended on the admin per se track. A hearing can pause the suspension until the decision. - What are common outcomes in first-time cases?
Outcomes range from dismissals to reduced charges to standard plea offers. Every case is different. Evidence quality, your history, and defense motions all matter in the context of DUI charges in Arizona. - What is aggravated DUI?
Aggravated DUI is a felony under A.R.S. 28-1383. It is different from extreme DUI. Felony DUI can be charged if you drove while your license was suspended, if it is a third DUI in 7 years, or if a child under 15 was in the car. - What if my stop was in Scottsdale but I live in Tempe?
Jurisdiction depends on where the offense occurred and the agency involved. This article focuses on Tempe, but if your case belongs in Scottsdale City Court, Shah Law Firm can still help. - Is there any benefit to hiring a lawyer as soon as possible? Yes. Early action preserves video, fights the MVD case, and shapes the defense. Waiting reduces options and can lead to a DUI conviction risk.
Important Things to Remember
- You have 15 days to request a hearing with the MVD after receiving an admin per se or implied consent form.
- The criminal case and the MVD case are separate. Both matter.
- Arraignment at Tempe Municipal Court 30 days from your arrest is an early step. Your lawyer can guide the plea and disclosure process.
- Preserve evidence in the first 30 days. Video, receipts, texts, and medical records help.
- Arizona statutes control minimum penalties, A.R.S. 28-1381, 28-1382, 28-1383, 28-1321, 28-1385.
- A skilled attorney can challenge the stop, tests, and statements to seek reduced charges or dismissal.
- Contact Shah Law Firm for a free consultation to protect your license and your defense.
How an Attorney from Shah Law Firm Can Help
Shah Law Firm specializes in criminal defense and DUI cases throughout Maricopa County, including Tempe.
Attorney Arja Shah has handled thousands of cases and understands how the Tempe Municipal Court, prosecutors, and the motor vehicle division treat a DUI in Arizona. She pairs aggressive courtroom advocacy with practical strategies that fit your life. When you meet with Arja, you will get a clear plan for both the MVD side and the court side.
In the first meeting, we review your stop, tests, and timing. We file the MVD hearing request to challenge your license suspension and start gathering the records that can win your case. We map the legal representation steps through arraignment, pretrial, and, if needed, motions or trial. Our goal is to minimize the impact of a DUI, help you stay employed, and pursue reduced charges or dismissal when the facts permit.
Arja’s experience includes complex blood alcohol cases, refusals under A.R.S. 28-1321, and felony aggravated DUI matters. Her mix of trial skill and plea negotiation strength gives you options. You will always know where your case stands and what comes next. If you are facing a DUI or DUI charges after getting arrested for driving in Tempe, you do not have to face it alone. To schedule a free consultation, call (602) 560-7408 or visit arjashahlaw.com. Don’t wait—your future is worth protecting today.
