How long do I have to request an MVD hearing after a Tempe DUI arrest?

You have 30 days from the date the officer serves the Admin Per Se / Implied Consent Affidavit to request an MVD administrative hearing under A.R.S. § 28-1385. Miss the deadline and the license suspension becomes automatic.

What is the difference between regular, Extreme, and Super Extreme DUI in Arizona?

Regular DUI is a BAC of 0.08+. Extreme DUI is 0.15+ and carries a mandatory 30 days jail. Super Extreme DUI is 0.20+ and carries a mandatory 45 days jail. All three are Class 1 misdemeanors unless aggravating factors upgrade the case to a felony under A.R.S. § 28-1383.

Are field sobriety tests mandatory in Arizona?

No. Standardized Field Sobriety Tests (SFSTs) are voluntary in Arizona. Declining them is not itself evidence of guilt, but officers will record the refusal and may use it to articulate probable cause.

Can I refuse the breath or blood test in Arizona?

Arizona operates under an implied-consent law. Refusal triggers an automatic 12-month license suspension (24 months for a second refusal within 84 months), and the State can still obtain a warrant for a blood draw.

When is an ignition interlock required after a Tempe DUI?

Arizona requires a certified ignition interlock after any DUI conviction — 12 months for regular DUI, 12 months for Extreme, and 18 months for Super Extreme. AES is a state-certified provider.

DUI Arrest in Tempe? Time-sensitive deadlines — Take action now

DUI Mitigation in Tempe

When the State's case is solid, mitigation is how you fight for a better plea — less jail, lower cost, and a record of taking responsibility.

When It's Time to Talk Mitigation

Not every case should go to trial. If your attorney examines the State's evidence and can't find a real problem — a questionable stop, an unreliable breath or blood test, or a rights violation — then holding out for a dismissal may not be realistic. That's the moment to start looking at mitigation: the work you do to show the court who you are beyond one bad night. Done well, it can save you time, money, and jail.

Get Ahead of the State

Many experienced attorneys send their clients to AES (Alternative Education Solutions) for alcohol screening — and to begin their education and treatment — before ever approaching the prosecutor for a plea. Walking into negotiations already enrolled, or already finished, sends a powerful message: you took this seriously without a judge ordering you to. That head start often earns a better offer.

Alcohol screening — a state-approved assessment that sets a baseline and points to the right level of education or treatment.
DUI education & treatment — completing classes early shows initiative instead of court-ordered compliance.
Documentation — keep proof of enrollment and completion so your attorney can put it in front of the prosecutor.

Character & Impact Letters

Letters from the people who know you carry real weight at sentencing. The strongest packages include:

Letters from friends, family, and your boss or coworkers describing your character and how this arrest has genuinely affected you.
Your own statement on what you've learned — including how you now plan ahead when you go out, like arranging a ride home in advance or choosing a designated driver.
A clear, honest understanding of just how much alcohol is in each drink, so the court sees that you grasp what led here and how you'll avoid it.

What Mitigation Can Do

Less Jail

A strong package gives the judge real reasons to favor the low end of the sentencing range — or alternatives to jail where the law allows.

Lower Cost

A better plea can mean reduced fines and fewer long-term costs tied to a harsher charge.

Saved Time

Resolving through a negotiated plea avoids a drawn-out trial and gets your life moving forward sooner.

First, Make Sure There's Nothing to Fight

Mitigation comes after the defense review — never instead of it. Start by confirming the State's case is actually solid: read the defense strategies used to challenge the stop, the testing, and the BAC. Then see how Tempe Municipal Court handles these cases, review the full costs and penalties, and find screening and treatment providers so you can get started early.

Start Building Your Mitigation Early

The sooner you begin screening, education, and treatment, the stronger your position when your attorney negotiates. Get a free consultation to map out your Tempe DUI mitigation plan.

Get a Free Consultation

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