First Offense DUI in Arizona: Penalties and What to Expect In The First 30 Days

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Game days and concert nights around Mountain America Stadium, Tempe Beach Park, Town Lake, and the Mill Avenue Entertainment District bring extra patrols and prompt decisions by officers. If you were stopped and cited for a DUI, it’s essential to consult a defense attorney. 

This brief guide explains what usually happens in the first 30 days following a DUI arrest in Tempe. You will see how stops begin, what field tests and portable breath tests mean, how license actions work, and what DUI penalties look like for an extreme DUI in Arizona—first offense, and how to preserve proof that helps your defense attorney in a DUI defense case. 


What Tempe Drivers Should Expect

Expect saturation patrols before and after Sun Devil events. Hot spots include Veterans Way, Rio Salado Parkway, Rural Road, University Drive, Scottsdale Road, and the Mill Avenue Entertainment District. Small mistakes, like drifting within a lane or making a wide right turn, often trigger contacts that can lead to DUI investigations.

An officer will assess speech, balance, and eye cues, and may then request field tests. That early stage is about suspicion, not proof. Calm behavior and a clear plan for the next month are more critical than debating on the roadside.


How Stops Begin

Most stops start with something minor.

Lane position, a wide turn in post‑game traffic, a lighting issue, or phone use at a light.

None of these alone proves driving under the influence can lead to severe penalties, especially for a first-time DUI. They open the door to more questions.

Keep anything that explains the context, such as heavy event traffic, passengers, or a rideshare earlier in the night. A defense lawyer can use those details to challenge whether the detention expanded lawfully into a DUI charge.


tempe first time dui

Field Sobriety Tests and Portable Breath Tests

Standardized field tests can be skewed by heat, fatigue, footwear, or injuries, which are common after concerts at Tempe Beach Park, especially for those facing a first-time DUI. A shaky walk is not the same as impairment.

Arizona allows roadside portable breath testing under A.R.S. § 28‑1322 to help an officer decide whether to arrest. The court’s use of breath numbers requires a foundation under A.R.S. § 28‑1323. § 28‑1381 and § 28‑1382 focus on alcohol concentration within two hours of driving, which makes timing, food, and the wait for testing important.


Your First 30 days After a Tempe DUI arrest

If your test result was 0.08 or more, the Admin Per Se process can impose a 90-day action that begins 30 days after service, with a 30-day permit in place in the meantime, especially for first-time DUI offenders.

You usually have 30 days to request a Motor Vehicle Division hearing through the Arizona Department of Transportation.

Many first-time events become 30 days of no driving, followed by a 60-day restricted period if you complete the screening.

A special ignition interlock device-restricted license may be available.


What are the Penalties for a First Offense Under Arizona Law?

Arizona imposes mandatory minimum penalties if you are convicted.

Charge Level, Statute Minimum Jail Fines License and Interlock Notes
Standard DUI, A.R.S. § 28‑1381 10 days, court may suspend all but 1 with screening, § 28‑1381 I, J At least 250 dollars plus assessments, § 28‑1381 I Interlock after conviction, separate MVD action possible, § 28‑1381 I 6, § 28‑1385 Class 1 misdemeanor
Extreme, 0.15 to < 0.20, § 28‑1382 A(1) 30 days, may suspend all but 9 with 12 months interlock, § 28‑1382 I At least 250 dollars plus assessments, § 28‑1382 D Interlock required, § 28‑1382 D(5) Class 1 misdemeanor
Super Extreme, 0.20 or more, § 28‑1382 A(2) 45 days, may suspend all but 14 with 12 months interlock, § 28‑1382 I At least 500 dollars plus assessments, § 28‑1382 D(2) Interlock required, § 28‑1382 D(5) Class 1 misdemeanor
Admin Per Se, § 28‑1385 No court jail by itself Screening for reinstatement, § 28‑1385 H 90 day action starts after 30 days, special restricted license possible, § 28‑1385 F, I, J MVD process is separate
Refusal, § 28‑1321 No court jail by itself Screening for reinstatement, § 28‑1321 12 month suspension for a first refusal, begins after 30 days, special restricted interlock license possible, § 28‑1321 MVD process is separate

 


Defense Strategies that Work for Event-Related Arrests

  1. Weak stop in event traffic, video shows everyday driving.
  2. A two-hour timing, rising or falling blood alcohol curve, creates doubt.
  3. PBT limits under § 28‑1322, evidential rules under § 28‑1323.
  4. Heat, fatigue, and injuries are key factors that explain field test clues.
  5. Breath or blood foundation, device approval, and calibration.
  6. Independent medical or private blood testing soon after being arrested for DUI can be crucial.

Attorney Arja Shah is a well-known DUI attorney in the area who frequently utilizes these tools in the Tempe Municipal Court, pairing scientific evidence with local practice to narrow DUI offense allegations.


Important Things to Remember

  • Patrols surge near Mountain America Stadium, Mill Avenue, and Town Lake after events.
  • Your timeline controls many issues; save receipts and ask for body cam footage quickly.
  • A first-time DUI can trigger both court and MVD actions.
  • Interlock can reduce custodial exposure and help with restricted driving.
  • Arizona’s approach is strict, even on a first DUI. Plan early.
  • A DUI in AZ can often be improved with innovative motion practice and complete records.

How Shah Law Firm Defends Event Weekend DUI cases

Arja Shah | Shah Law FirmShah Law Firm specializes in Arizona DUI matters throughout Tempe, Scottsdale, Mesa, Chandler, Glendale, and Phoenix. Arja Shah has more than 3,000 wins in nearly twenty years of criminal defense.

In an ASU weekend case, we move quickly: body cam footage, dash video, dispatch logs, calibration records, and your receipts. We handle the MVD hearing request, prepare you for screening, and target outcomes that cut mandatory minimum jail sentences, fines, and interlock time. Our experienced Arizona DUI defense attorney approach combines investigation with local relationships to assist students and visitors facing DUI charges.

To schedule a free consultation, call (602) 560-7408 or visit arjashahlaw.com. Don’t wait—your future is worth protecting today.

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