Arizona DUI ARS #'s and Definitions

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You received a notice in the mail that states you have been charged with a DUI ARS (Arizona Revised Statutes), what should you do next?

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Below, we have listed out common Arizona DUI laws, based on Arizona Revised Statutes.
  • ARS 28-1381 – Driving or actual physical control while under the influence with a BAC (blood alcohol concentrate) of 0.08 or higher.


  • ARS 28-1382 – Driving or actual physical control while under extreme influence with a BAC of 0.15 or more but less than 0.20.


  • ARS 28-1383 – Aggravated driving or actual physical control while under the influence. Commits additional violations while driving under the influence of drugs or alcohol.


  • ARS 28-1383 (A) (1) – Driving under a Revoked, suspended, or restricted license while under the influence of drugs or alcohol (Class 4 felony).


  • ARS 28-1383 (A) (2) – Under the influence, while operating a motor vehicle with prior DUI charges within the past seven years (Class 4 felony).


  • ARS 28-1383 (A) (3) – Driving under the influence with a passenger under the age of 15 years old (Class 6 felony).



  • ARS 28-1383 (A) (5) – Alcohol consumption influenced person or property damages (accident) (Class 4 felony).
  • ARS 28-1384 – Aggravated driving or actual physical control while under the influence. If convicted or in violation of ARS 28-1383.


  • ARS 28-1385 – Administrative license suspension for driving under the influence or homicide or assault involving a motor vehicle.

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Our Client Process

At the Shah Law Firm, we give each client our dedicated attention throughout the entire process, from the first moment we meet for your free consultation.


Your Initial Consultation

At the time of your free consultation, we will thoroughly evaluate your case from top to bottom and start the process to build a solid defense.



Managing Your Case

During this process, the legal staff at the Shah Law Firm will take care of all necessary documents required to present to the court, even appear at the courts on your behalf, and will diligently work on fighting for your best outcome.



Completing Your Case

During the entire course of your case, our legal team will constantly present items to support your DUI defense. The ultimate outcome will be to have your case completely dismissed based on our findings and provide you with the best service possible.

The DUI Process from Start to Finish

Being charged for DUI can be a lengthy process. It starts from the moment you are stopped by police and arrested. Then there is booking and processing where you may even sit in a jail cell that night.

Depending on the circumstances, usually during the first 24 hours, you will have an initial court appearance (this is required if a felony DUI). This is when having an experienced attorney on your side can make all the difference in the outcome of your case!

Then there is the MVD Hearing, Pretrial, Trial with Jury Selection, Sentencing, and Appeals if applicable.  This entire process can easily take anywhere from 6 months to a year or more!

Let the Shah Law Firm handle the above process for you. 


What are the Different Types of DUI Charges?

Driving Under the Influence charges are based upon several key factors.

  • Misdemeanor DUI is having a BAC between 0.08 and 0.149
  • Extreme DUI is having a BAC of between 0.150 and .199. 
  • Super Extreme DUI is a BAC of .20 and above
  • Felony Aggravated DUI can consist of multiple factors, such as having a child in the car, DUI on a suspended license, or multiple DUIs in a short period of time. 
  • DUI Drugs happen when a person is under the influence of drugs such as marijuana, opioids, methamphetamines, and even certain prescriptions. 
It's my First DUI Ever, will I go to jail?

It is very possible that even with the first DUI someone has ever received that they could serve jail time. It really depends on the circumstances and having a strong legal defense greatly improves the odds of not serving any jail time. 

What if I get an Extreme DUI or Super Extreme DUI?

In Arizona, a first-time Extreme DUI offense will include a minimum of $2,500 plus additional jail costs, fines, traffic school, and mandatory ignition interlock installed in your vehicle. On top of that, there is a 30 day mandatory jail time

How long does a DUI stay on my record?

In Arizona, there are two types of records; the Motor Vehicle Department and the Criminal Justice Record. Typically, a DUI will add 8 points to your driving record and will stay there for 5 years. The Criminal Record can show a DUI for life. This is why it is very important to have a quality DUI attorney on your side.

What if I refused a Breathalyzer Test?

If you are stopped for suspicion of driving under the influence of alcohol and/or drugs and refuse to submit to a breathalyzer test, things can turn bad pretty quickly. To start you will automatically lose your license for 12 months (up to 24 if this is your second refusal within 84 months). The officer will then obtain a warrant and require you to take a blood test. There are many DUI defenses that your attorney can use to help build your case.

DUI Defense Attorney Arja Shah

Attorney Arja Shah is a leading Criminal Defense Attorney serving the Phoenix, Scottsdale, Mesa, Tempe, and other surrounding areas of the valley. The Shah Law Firm has successfully defended hundreds of individuals facing serious charges from first offense DUI charges to attempted murder charges – all carrying potential life-altering punishments.

Arja strongly believes that it’s not just about knowing the law, but also knowing how to comfort and lead people through difficult times. Contrary to other “law firm mills” out there, where the client can bounce around to other attorneys and paralegals, Arja gives her undivided attention to each and every one of her clients.


Some of Arja’s Successful Client Reviews from Google

Name: Matthew Marner
Rating: 5.0 ⭐⭐⭐⭐⭐
Arja is skilled in all areas of criminal and DUI defense, from the beginning of a case, through investigation, negotiations, and trial. She is well-rounded as a trial lawyer and brings her skills and tenacity to bear, winning cases for her clients that others couldn’t.

Name: Lindsay Palson
Rating: 5.0 ⭐⭐⭐⭐⭐
Review: I contacted Arja Shah in a desperate time looking for answers for a family member, and I’m so glad I did. Arja has been so phenomenal to work with. She has always gotten back to me immediately even though I had tons of questions. She’s professional, no-nonsense, and really helped guide us through the process. With the legal concerns taken care of, it meant I could continue to focus on my schooling and not stress as much.

Name: David Ellett
Rating: 5.0 ⭐⭐⭐⭐⭐
Review: My son got into an accident. He was unconscious and there were cans of beer all over the car and so he was taken to the hospital. He tested negative for alcohol, but positive for drugs. Charges were filed and several months later we received a notice of hearing. My main concern was to prevent my son from being unduly punished as he has always been the one who gets nailed. In DUI, that can be dangerous. I spent at least a couple of days researching attorneys since we did not know any personally and we only knew one person who was charged with DUI well enough to ask for advice. In choosing an attorney, it was most important and difficult to obtain enough relevant information to evaluate them. I looked for an attorney for whom DUI was, at least, a major specialization. Then I compared their ratings and experience and attempted to get some idea of what they might charge. On this basis, I chose Arja Shah and we are so happy I did. Within about 30 days and after a couple of hearings, we were astonished to learn that Ms. Shah was able to get the charges dismissed. We were in no way expecting that. I did not choose the cheapest attorney, but neither could I afford a more expensive one either. In hindsight, I could not have gotten a better attorney no matter how much I spent. Arja is very quick and direct in communicating too. We are so very grateful for her expertise and assistance.

Read All of Shah Law Firm Google Reviews

Our Office Location

Our offices are located in the heart of Downtown Phoenix, within walking distance of the Courts. Fortunately, due to Covid-19, we are able to do all consultations via Phone and Video.