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Experienced DWI & DUI Attorney Serving Phoenix, AZ

A DUI conviction can change your life forever, even if you don’t go to jail. To protect your freedom and reputation, you need the best DUI lawyer in Phoenix. Excessive fees and fines, stringent probation requirements, mandatory treatment programs, and limits on your driving privileges are just a few penalties you can expect.

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When you work with DUI lawyers in Phoenix, AZ, at Brandon White Law, you know that you’ll get an aggressive defense for any DUI charge, including aggravated DUI or “Super Extreme” DUI. We understand the prosecutor's tactics and use extensive experience to fight them. You’ll get an experienced legal team behind you from a Firm founded by a Former State Trooper and made up of former prosecuting attorneys, all putting their experience to work for you.

Don’t go through this alone – call a Brandon White Law Gilbert DUI lawyer today!

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Our Law Firm Handles Even the Most Challenging Gilbert  DWI Cases

You will not find Arizona on any list of states with lenient DUI laws - Unfortunately, the Grand Canyon state is known for having some of the toughest DUI laws in the country. Any DUI charge should not be taken lightly - but there is hope. The team of lawyers at The Law Offices of Brandon White, PC, help individuals in Arizona facing all types of impaired driving charges, including:

If you've been arrested for a first-time DUI in Gilbert, contact The Law Offices of Brandon White. Our experienced team will aggressively defend your case.

A second DUI offense is a class 1 misdemeanor, with higher fines, longer license suspension, and increased jail time. If the second DUI is an extreme or super extreme DUI (see below), penalties may be higher. A second DUI puts an individual at risk of a felony for a third DUI.

Extreme and super extreme DUIs are determined based on the driver’s BAC level. A driver operating a vehicle with a BAC of .15 or above will face a criminal conviction for an “extreme DUI,” and a driver operating a vehicle with a .20 BAC or above will be charged with a “super extreme DUI”.

An “aggravated” DUI, is considered a felony, and is an impaired driving charge with aggravating factors, including driving without a license (or a suspended license), driving with a passenger under 15 years of age, or having two other previous DUIs within 84 months (7 years) prior. Refusing to submit to a BADC while under an ignition interlock device requirement for a previous DUI is also grounds for an aggravated DUI.

Although many drivers are aware of the criminal consequences of driving under the influence of alcohol (drunk driving), many may not be aware that the state takes driving under the impairment of drugs just as seriously.

When you are arrested for a DUI, Arizona's MVD begins a separate case against you. This is initiated when the arresting officer completes and submits an Admin Per Se / Implied Consent Affidavit. So many drivers do not realize that they can face anywhere from a 90-day to a 1-year suspension of their driver’s license even if a DUI court case is dismissed.

Law enforcement sets up sobriety checkpoints to check for signs of intoxication in drivers. The officers will typically ask for your license, registration, and insurance information while observing you for signs of intoxication. If the officer believes you may be impaired, you may be asked to pull your vehicle to the side of the road for a Field Sobriety Test (FST).

Underage/Under 21 DUI

Arizona is a "Zero Tolerance" state for driving under the influence - a person under age 21 will face criminal charges if they are found to have consumed any amount of alcohol at all - the .08 BAC limit does not apply.

OUI/Boating DUI

Arizona takes boating under the influence of alcohol or drugs very seriously. Boaters may face the same extreme and super extreme penalties for higher BAC levels and may face aggravated boating DUI charges if a passenger on the boat is under 15 years of age.

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Contact Gilbert DUI Defense Lawyer When Facing DWI Charges in Arizona

Using sound legal theories and personalized defense, Brandon White Law DUI defense attorneys create a strategy based on your charges – contact us at (602) 833-0982 now for a consultation!

DWI & DUI Laws in Phoenix, AZ

Title 28 of the Arizona Revised Statutes governs all transportation-related legislation in Arizona. Operating a vehicle “under the influence” or “over the legal limit” are both grounds for a DUI charge - in fact, you can be charged with DUI if you are “impaired to the slightest degree” under Arizona Revised Statutes (see ARS 28-1381(A)(1)).

The primary Arizona code for driving under the influence is ARS 28-1381 (A)(2). Other DUI statutes include:

There are separate statutes and penalties for drivers who operate commercial vehicles. Arizona takes DUI laws very seriously for Commercial Driver's License (CDL) holders. If you hold a CDL and receive a DUI, you will face Revocation of your CDL (Class A, B, C) for a minimum of one year. You are also required to notify your employer within 30 days under Federal Motor Carrier Safety Administration (FMCSA) regulations.

A DUI in Arizona is measured by your blood alcohol content (BAC):  

  • Regular DUI: 0.08%;
  • Extreme DUI: 0.15%;
  • Super-Extreme DUI: 0.20%.

Higher BACs result in stiffer penalties.

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Possible Penalties for Driving Under the Influence in Phoenix, Arizona

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First Offense Phoenix DUI Mandatory Minimum Sentences

  • A jail term of 24 hours to 10 days;
  • A base fine of $250;
  • Drivers license suspension of 90 days to one year;
  • Required installation of Certified Ignition Interlock Device.

Regular Phoenix DUI or DWI

A regular DUI is considered driving with a BAC of 0.08-0.14% or driving with a controlled substance in your bloodstream.

Penalties include:

  • Undergoing a substance abuse screening assessment;
  • Completing substance abuse treatment program;
  • Serving 10 consecutive days in jail and payin g jail costs;
  • An additional 9 days in jail will be suspended if the substance abuse program is completed;
  • $250 fine plus any surcharge;
  • $500 State Prison Construction and $500 State General Fund payments.

Extreme Phoenix DUI

Extreme DUI is a BAC of 0.15% or higher; the chances of getting into a catastrophic or fatal collision increase with higher BACs.

Penalties include:

  • 30 consecutive days in jail plus jail costs;
  • 21 suspended days in jail if you install an interlock device;
  • $250 fine plus any surcharge and $250 DUI assessment;
  • $500 State Prison Construction and $500 State General Fund payments.

You may also have a temporary license suspension and a harder time getting a hardship license.

Super Extreme Phoenix DUI

Super Extreme DUI is a BAC of 0.20% or greater – more than twice the legal limit. Drivers may be in a “blackout” state and thus even more dangerous.

Penalties include:

  • 45 consecutive days in jail plus costs;
  • 31 suspended days in jail if you have an interlock device for 12 months;
  • $500 State Prison Construction and $500 State General Fund payments;
  • $500 fine and $250 DUI assessment;
  • $500 State Prison Construction and $500 State General Fund payments.
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Schedule a Consultation with a DUI Defense Attorney in Phoenix

Your Brandon White Law Phoenix DUI lawyer will take your case seriously, no matter how serious your charges are. Contact us at (602) 833-0982 today.

Second Offense Phoenix DUI Mandatory Minimum Sentences

  • Jail term of 30 days to 90 days;
  • Base fine of $500;
  • Drivers license suspension of one year;
  • Required Installation of Certified Ignition Interlock Device.

Regular Phoenix DUI or DWI

A second offense with a BAC of 0.08% or higher will lead to stiffer penalties, including:

  • Completing a substance abuse screening session;
  • Completing any required substance abuse counseling;
  • 90 consecutive days in jail plus jail costs;
  • 60 days in jail suspended if you complete substance abuse treatment;
  • $500 fine and surcharge;
  • $1,250 State Prison Construction and $1,250 State General Fund payments;
  • 30 hours of community service.

You may also have to surrender your driver’s license.

Extreme Phoenix DUI

Your second DUI offense, if you have a BAC of 0.15% or higher, could lead to:

  • 120 consecutive days in jail plus jail costs;
  • $500 fine and surcharges;
  • DUI assessment of $250;
  • $1,250 State Prison Construction and $1,250 State General Fund payments;
  • 30 hours of community service.

You may also have to surrender your driver’s license and may not have the opportunity to petition for a hardship license in the meantime.

Super Extreme Phoenix DUI

A second DUI offense with a BAC of 0.20% is “super extreme”, and the penalties are correspondingly stiffer, including:

  • 180 consecutive days in jail plus jail costs;
  • $100 fine and surcharge;
  • DUI assessment of $250;
  • $1,250 State Prison Construction and $1,250 State General Fund payments;
  • 30 hours of community service;
  • Surrendering your driver's license.

As a second-time DUI offender, you may not be permitted the opportunity to apply for a hardship license while yours is suspended.

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Charged with Driving While Intoxicated? Call a DUI Attorney in Phoenix, AZ

You don’t have to fight an Arizona DUI alone. Call a Phoenix DUI lawyer at (602) 833-0982 today to learn how our law firm can help you!

Driver’s Licensing Consequences of a Phoenix DUI

Admin Per Se Suspensions

If you are found to have been driving with a BAC above 0.08% and are convicted or plead guilty to a DUI in Phoenix, one of the penalties may be a suspended license.

If your driver’s license is suspended as an admin per se suspension, you may be eligible for a Restricted Permit after 30 days of no driving if you complete substance abuse screening.

Restricted Permit driving privileges are limited to traveling:

  • To and from school;
  • To and from work;
  • To your probation officer’s office for scheduled appointments;
  • To and from a substance abuse screening or treatment facility.

If you wish to have your license reinstated after the restriction period, you must show that you completed a substance abuse screening session and pay the reinstatement fee.

Implied Consent Suspensions

Implied consent to a test of your BAC if you are detained on suspicion of drunk driving is part of the covenant agreement (in the fine print) you enter into when you receive your Arizona driver’s license.

You break that implied consent when you refuse to submit to:

  • Urine test;
  • Breathalyzer;
  • BAC blood test.

If you refuse testing, your license is automatically suspended for 12 months.

If you refuse testing a second time within seven years of the first refusal, your license will be suspended for 24 months.

It’s important to note that a blood alcohol concentration or drug content (BADC) test isn’t the same as a field sobriety test (FST) you may undergo if you get pulled over. You are within your rights to refuse to take an FST, but the officer may then arrest you and ask you to undergo BADC testing.

The implied consent suspension of your driver’s license begins when the arresting officer presents a proposed suspension order. Once you receive this order, you have 15 days to request a hearing with the Motor Vehicle Department (MVD) to contest your license suspension; if you fail to do so, your suspension goes into effect.

If you have a hearing, the judge will determine whether the suspension is legitimate.

You may also be permitted to drive if you install an interlock device on your car. This is like a breathalyzer that prevents the car from starting if your BAC is over the legal limit.

License Revocations

If you have a misdemeanor DUI conviction in Phoenix, your license may be suspended if one of these two situations applies:

  • You have had a DUI conviction in the last 7 years (but you may be entitled to a SIRL or limited permit);
  • If you have prior convictions for violating racing on highways or reckless driving laws within the last seven years (you will not be permitted a SIRL).

The seven-year period is from the date each offense was committed, not the date you were convicted.

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Get Legal Help from a DWI Attorney in Phoenix

Brandon White Law is a team of Phoenix DUI attorneys you can trust! Contact us today to schedule a consultation online or call our law firm at (602) 560-9785!

Restricted Permits & Special Ignition Interlock Licenses

A special interlock restricted license (SIRL) is a limited driving permit for which some people convicted of DUI may be eligible. If your license is suspended or revoked, but you still need to drive to school, work, or other necessary places, you may petition for a SIRL.

The eligible cases include:

  • First offense felony DUI with a child in the vehicle;
  • Second DUI conviction within seven years of the first;
  • First refusal of an implied consent BAC test.

If you wish to have a SIRL, you must:

  • Complete a substance abuse screening;
  • Post an SR-22 Certificate of Insurance;
  • Install an ignition interlock breathalyzer device.

With a SIRL, the only places you are permitted to drive are from your home to:

  • Work;
  • School;
  • A treatment facility or screening center;
  • DUI education appointments;
  • Appointments with your probation officer;
  • A doctor or other healthcare professional;
  • The ignition interlock service facility.

A SIRL can be part of the negotiated plea deal your DUI attorney arranges in Maricopa County Superior Court on your behalf.

Points Consequences

If you are convicted of DUI in Arizona, you’ll have 8 points added to your driver's license. To put this into perspective, speeding only results in 3 points, while most other moving traffic violations are just 2 points.

If you accumulate a certain number of points in a rolling 12-month time period, you may have your license suspended or revoked:

  • 13-17 points: 3-month suspension;
  • 18-23 points: 6-month suspension;
  • 24 points: 12-month suspension.

A restricted license isn’t an option if your license is suspended due to accumulated points. You can request a hearing to reduce or eliminate a points assignment, but the request itself will not keep the points from being added; only approval by the judge at your hearing will prevent points from being added to your license.

Commercial Driver’s Licenses (CDLs) Consequences for Phoenix DUI

If you hold a CDL in Arizona, your DUI penalties will be stiffer than those for a private driver. And the threshold for DUI is lower for commercial drivers; you can be arrested for a BAC of just 0.04%.

Penalties for CDL license holders include:

  • 1-year disqualification from holding a CDL if you are convicted of a DUI;
  • No admin per se suspension is permitted for the CDL, even if the DUI was dismissed;
  • 3-year disqualification of the CDL if you were transporting hazardous material at the time you were pulled over.
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Schedule a Consultation with a DWI Attorney in Arizona

Have you been charged with driving under the influence in Phoenix? Contact a skilled Phoenix DUI lawyer today at (602) 560-9785!

Legal Defenses Used by Our DUI Defense Lawyers in Phoenix

How we structure your DUI defense depends on the circumstances of your arrest and how you were tested.

Our tenacious Phoenix DUI lawyers may employ one or more of these defenses:

  • Failure to prove that you were driving or otherwise in physical control of the vehicle;
  • No reasonable suspicion that you were under the influence;
  • Insufficient evidence for your arrest or probable cause for a DUI charge;
  • Illegal traffic stop - no reasonable evidence you were violating the law;
  • Improperly administered FSTs;
  • Failure to properly advise you of the implied consent regulations;
  • Miranda rights violations;
  • Challenging the accuracy of the BAC testing devices.

We have many tools in our box to craft a solid DUI defense on your behalf, and we tailor our strategy to you. Our legal researchers keep abreast of changes to Arizona laws we can use to help you.

Let Us Fight For You

Schedule a Free Case Evaluation
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How Our DUI Attorneys in Gilbert, AZ, Can Help

As a former Arizona highway patrol officer, Brandon understands the laws in Arizona about what officers can and, more importantly, cannot do when it comes to reasonable suspicion of a DUI.

When it comes to your freedom and driving privileges, there is no reason to choose anyone but the best DUI attorney in Phoenix – Brandon White Law. We have:

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Experience with complex DUI cases.

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Thorough knowledge of Arizona DUI laws.

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Familiarity with the Phoenix judges and prosecutors.

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Firm Founded by a Former Arizona Highway Patrol officer.

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Criminal Defense Attorneys all former Prosecutors.

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Personalized defenses.

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Our DUI Attorneys
in Gilbert

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Managing Partner/Founder

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Criminal Defense Attorney

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Criminal Defense Attorney

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I just had a telephone consultation with Mr. White and he took the time to explain to me every option I had to resolve a photo radar ticket I recieved in Mesa. I would not hesitate to recommend him to anyone seeking legal advice. Thanks again Brandon, I appreciate the honesty and clear communication we had.

William - Phoenix, Arizona


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The whole staff at Brandon White is to be commended……They were thorough with my Traffic Case and kept in touch , communicating the possible outcomes and strategies. I would recommend them to anyone that needs legal help in a Traffic Civil or Criminal situation.

Craig D - San Tan Valley, Arizona


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Brandon reached out to me without expectations or any obligation to help with an issue I had. I appreciate the genuine kindness. Good stuff.

Joshua O - Flagstaff, Arizona


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The team of Brandon White is a wonderful team. They help my husband a lot and solve all the problems about the traffice case. Every member is so nice and patient. Our English are not good . They explain everything for us and send emails to tell us in detail. I really, really appreciate them and the price is cheap and fine. And no more other fees. Thank you very much!

Qian Z - Scottsdale, Arizona


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I’m Extremely satisfied with Brandon white and his team I’m from California and got a traffic ticket in Arizona they took care of everything and were able to get my ticket dismissed Great people and very helpful.

Julio T - Tucson, Arizona

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We Consistently Take Cases to Trial and Win


Contact a DUI Lawyer in Gilbert, AZ Near You Today

If you are facing criminal DUI driving charges in Gilbert, Phoenix, or anywhere in Arizona, contact a DUI attorney in Gilbert, AZ at The Law Offices of Brandon White, PC. as soon as possible.

Average response time: 1 business day


What is the legal limit for a DUI in Arizona?

In Arizona, you can be charged with DUI if your Blood Alcohol Concentration (BAC) is above .08%. Prosecutors use your BAC (Blood Alcohol Content) as evidence of your level of impairment. However, you can be charged with DUI if your BAC is less than .08% if the law enforcement officer believes you are impaired.

Can I lose my license even if I win my criminal case?

If you are arrested for DUI/DWI in Arizona, you will have a separate hearing with the Motor Vehicle Department (MVD). It is possible to lose your driver’s license for 90 days or one year in Arizona, even if you are never convicted. You must submit a written request for a hearing within 15 days, and your suspension of your driver’s license will be automatic.

How much does a DUI lawyer cost in Arizona?

Representation from a DUI attorney varies depending on the nature of your charges. The Law Offices of Brandon White, PC offer consultations and affordable, flat-fee representation.

Can I refuse a Preliminary Breath Test (PBT)?

You have the right to refuse a breath alcohol test after a DUI arrest unless the officer has a warrant. However, if you do so, your driver’s license may be suspended for a year or longer.

Can I have a jury trial for my Phoenix DUI charges?

Yes, Arizona law permits people charged with any DUI offense, felony, or misdemeanor to have their DUI attorney argue at a trial before a jury. Unlike other misdemeanor charges, even someone charged with a DUI misdemeanor in Phoenix can have a jury trial.

Can I be guilty of Phoenix DUI with marijuana if I have an AMMA card?

Yes, even if you have an AMMA card for the medicinal use of marijuana, if you are driving under the influence of marijuana in Arizona and are stopped for suspicion of DUI, you can still be subject to a DUI arrest and misdemeanor or felony DUI-drugs charges.

How long does a DUI case take in AZ?

Depending on the situation, your DUI case could take from two months to upwards of a year to settle. If you opt for a jury trial, your case would take longer than if your DUI attorney negotiated a plea bargain for a misdemeanor DUI charge.

Can a DUI be dismissed in AZ?

Per Arizona DUI law, DUI charges are not to be dismissed unless the charges are deemed to be factually insufficient. In some jurisdictions, an experienced attorney may negotiate a DUI charge to be reduced to a reckless driving charge and punished accordingly.