DUI FAQs

Knowledgeable Phoenix Criminal Defense Attorney Skillfully Defending Clients Facing Impaired Driving Charges

If you’ve been arrested for driving under the influence in Arizona, you probably have a lot of questions—and nhttps://www.arizonacriminaldefenselawyer.com/faqs/ot much time to get answers. At the Law Office of James E. Novak, we understand how stressful and confusing a DUI charge can be, especially if it’s your first time dealing with the criminal justice system. Below are answers to some of the most common questions we hear from clients. If you still have concerns, we invite you to speak directly with a Phoenix DUI defense lawyer from our office.

What qualifies as a DUI in Arizona?

Arizona law makes it illegal to operate a motor vehicle while impaired by alcohol, drugs (including marijuana, even with a card), or a combination of substances. You can be charged with DUI if your blood alcohol concentration (BAC) is 0.08% or higher, or 0.04% or higher if you’re a rideshare or commercial driver. You can also be charged even with a BAC below these limits if the officer believes your ability to drive was impaired.

Will I go to jail for a first-time DUI?

Arizona has mandatory jail time for first-time DUI convictions, but the actual time served depends on your BAC level and whether the case qualifies as a “standard” or “extreme” DUI. For a standard first offense, the law requires at least 1 day in jail, but some of the sentence can be suspended if you complete alcohol screening and treatment. A Phoenix DUI attorney can often negotiate for alternatives like home detention or work release.

Can I refuse a breath or blood test?

Technically, yes—but refusing a chemical test comes with serious consequences. Under Arizona’s implied consent law, refusing to take a breath, blood, or urine test after a lawful arrest can lead to a 12-month license suspension, even if you’re not convicted of DUI. A second refusal within 84 months can result in a 2-year suspension. A Phoenix DUI defense lawyer can challenge both the refusal and the suspension, but time is limited.

What happens to my driver’s license?

The Arizona MVD (Motor Vehicle Division) can suspend your license separately from your court case. After a DUI arrest, you may receive a 15-day notice to request a hearing. If you don’t act in time, your license will be automatically suspended. In many cases, you can apply for a restricted license to allow travel to work, school, or treatment programs. Your attorney can help you through this process.

Will a DUI go on my permanent record?

Yes. A DUI conviction in Arizona is not eligible for expungement, though you may be able to apply to have the conviction set aside after completing all penalties. However, the charge will still appear on background checks. That’s why it’s so important to work with a Phoenix DUI attorney early in your case to fight the charge or try to get it reduced.

What are the penalties for a DUI conviction?

Penalties vary based on your BAC level, prior history, and any aggravating factors (such as having a child in the car or causing an accident). Possible consequences include:

• Jail or prison time
• Thousands in fines and fees
• Driver’s license suspension
• Mandatory ignition interlock device
• Alcohol or drug education and treatment
• Community service
• Criminal record

A conviction can also raise your insurance rates and make it harder to find certain jobs.

Can I get my DUI charges reduced?

Possibly. A DUI can sometimes be reduced to reckless driving, especially if your BAC was borderline, the traffic stop was questionable, or your rights were violated during arrest. Every case is different, and the strength of your defense depends on the evidence, the officer’s actions, and the strategy your Phoenix DUI defense lawyer uses. We thoroughly investigate each case for possible legal errors, unreliable test results, or weak prosecution arguments.

Do I really need a lawyer?

Yes. Arizona’s DUI laws are strict, and prosecutors take these cases seriously. Even for a first-time offense, the consequences are too severe to go it alone. A skilled DUI lawyer knows how to challenge test results, question officer testimony, negotiate with prosecutors, and protect your driving privileges. Working with a Phoenix DUI attorney gives you the best chance at reducing penalties—or avoiding a conviction entirely.

How can the Law Office of James E. Novak help?

We bring years of experience to every DUI case, and we know the local courts, prosecutors, and procedures. As a former prosecutor, James Novak understands how DUI cases are built—and how to find the flaws. We handle every aspect of your defense, from MVD hearings and pretrial motions to plea negotiations and trial, if necessary. Our goal is to fight aggressively on your behalf while keeping you informed every step of the way.

Talk to a Phoenix DUI Defense Lawyer Today

If you’ve been charged with DUI, don’t wait until it’s too late to protect your license and your freedom. The earlier you get legal help, the more options you may have.

Call the Law Office of James E. Novak at 480-413-1499 or contact us through our secure online form to schedule a free consultation. Let a trusted Phoenix DUI defense lawyer help you take control of your case and your future.