02|2025
Introduction
Being charged with a DUI for the first time can be a frightening and overwhelming experience. You may be unsure of what to expect, how serious the consequences are, and what your options are for defending yourself. Arizona is known for having some of the strictest DUI laws in the country, and even a first offense DUI in Tempe can lead to harsh penalties, including fines, jail time, license suspension, and mandatory alcohol education programs.
However, just because you have been charged does not mean you will be convicted. With the right legal representation and a strong defense strategy, it may be possible to reduce or even dismiss your charges. In this guide, we will discuss what happens after a first offense DUI in Tempe, the potential penalties, and how you can defend yourself against these charges.
What Happens After a First Offense DUI Arrest in Tempe?
If you are arrested for a first offense DUI in Tempe, you will go through several legal procedures before your case is resolved. Here’s what you can expect:
1. The Traffic Stop and Arrest
Most DUI cases begin with a routine traffic stop. If an officer suspects that you are under the influence, they may ask you to perform field sobriety tests or take a breathalyzer test. If you fail these tests or refuse to take them, you can be arrested and taken to the police station for further testing and processing.
2. Chemical Testing
After your arrest, you will likely be asked to submit to a blood, breath, or urine test to determine your blood alcohol concentration (BAC). In Arizona, the legal limit is 0.08% for regular drivers, 0.04% for commercial drivers, and 0.00% for drivers under 21. If your BAC is above the legal limit, you may be charged with DUI.
3. Booking and Release
Once you are taken to jail, your information will be recorded, and you may have to spend some time in custody before being released. Some people are released on their own recognizance, while others must post bail.
4. Court Appearance
You will be required to attend an initial court hearing, known as an arraignment. During this hearing, the judge will formally read your charges, and you will have the opportunity to plead guilty, not guilty, or no contest.
5. License Suspension
The Arizona Department of Transportation (ADOT) will automatically suspend your driver’s license if you are arrested for DUI. You can request a hearing to challenge the suspension, but you must do so within 15 days of your arrest.
Penalties for a First Offense DUI in Tempe
Arizona has mandatory penalties for DUI offenses, even for first-time offenders. The exact punishment you face will depend on the details of your case, including your BAC level and any aggravating factors.
1. Standard DUI (BAC of 0.08% – 0.149%)
- Minimum of 10 days in jail, with the possibility of serving less time if you complete alcohol education classes
- Fines and fees totaling over $1,500
- Driver’s license suspension for 90 days
- Installation of an ignition interlock device (IID) for 1 year
- Mandatory alcohol education and treatment program
- Possible probation and community service
2. Extreme DUI (BAC of 0.15% – 0.199%)
- Minimum of 30 days in jail
- Fines and fees exceeding $2,500
- Driver’s license suspension for 90 days
- Ignition interlock device requirement for 1 year
- Mandatory alcohol counseling and treatment
3. Super Extreme DUI (BAC of 0.20% or higher)
- Minimum of 45 days in jail
- Fines and fees totaling over $3,000
- Driver’s license suspension for 90 days
- Ignition interlock device requirement for 18 months
- Alcohol counseling and treatment program
How to Defend Yourself Against a First Offense DUI Charge
A DUI charge does not automatically mean you will be convicted. There are several defense strategies that a skilled DUI lawyer can use to fight your case. Some common defenses include:
1. Challenging the Traffic Stop
If the police officer did not have a valid reason to pull you over, your attorney may be able to argue that the stop was illegal. Any evidence gathered after an unlawful stop may be inadmissible in court, which could lead to your charges being dismissed.
2. Questioning the Field Sobriety Tests
Field sobriety tests, such as the walk-and-turn or one-leg stand, are highly subjective and can be affected by factors such as fatigue, medical conditions, and uneven road surfaces. Your lawyer may argue that these tests were not a reliable indicator of intoxication.
3. Disputing the Breathalyzer or Blood Test Results
Breathalyzers and blood tests are not always accurate. If the device was not properly calibrated or maintained, or if there were errors in how the test was administered, your attorney can challenge the validity of the results.
4. Arguing Rising BAC Levels
Your BAC level can continue to rise even after you have stopped drinking. If you were pulled over shortly after consuming alcohol, your BAC may have been below the legal limit at the time of driving but increased by the time you were tested.
5. Identifying Violations of Your Rights
If law enforcement officers failed to read you your Miranda rights, coerced a confession, or violated your rights in any other way, your lawyer can use these violations to challenge the prosecution’s case.
What to Do After a First Offense DUI Arrest
If you have been arrested for a first offense DUI in Tempe, it is important to take the right steps to protect yourself:
- Remain Calm and Do Not Admit Guilt – Avoid making statements that could be used against you later.
- Request Legal Representation – Contact a DUI lawyer as soon as possible to discuss your case and defense options.
- Request a DMV Hearing – You have 15 days to request a hearing to challenge your license suspension.
- Follow Your Lawyer’s Advice – Your attorney will guide you through the legal process and help you make informed decisions about your defense.
- Attend All Court Dates – Missing a court appearance can result in additional penalties and make your situation worse.
Conclusion
A first offense DUI in Tempe is a serious charge that can result in jail time, fines, and a suspended driver’s license. However, there are many ways to challenge a DUI charge, and a skilled attorney can help you explore your legal options. Whether it’s questioning the accuracy of chemical tests, challenging the legality of the traffic stop, or negotiating for reduced penalties, the right defense strategy can make a significant difference in the outcome of your case.
If you or someone you know is facing a first-time DUI charge, seek legal representation immediately. Taking proactive steps now can help protect your future and minimize the long-term consequences of a DUI conviction.
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