Arizona DUI & Traffic Defense

DUI Defense Attorney in Tucson, Arizona

A DUI arrest can put your license, livelihood, and future at risk. The Law Office of Joel Chorny represents clients facing DUI and criminal traffic allegations in Tucson and throughout Arizona, with attention to the evidence, court process, and driver-license consequences.

Serving Tucson, Pima County, and clients throughout Arizona.

A clear place to start

Facing a DUI or criminal traffic charge?

An Arizona DUI case may involve two separate processes: criminal charges in court and administrative action affecting your driving privileges. Important deadlines can arise before a case reaches trial, so understanding both tracks matters.

Attorney Joel Chorny evaluates the circumstances of each case, including the reason for the traffic stop, how evidence was collected, and which defenses or procedural issues may apply. No lawyer can promise a dismissal, but informed preparation can help you understand your choices.

Arizona's primary DUI offenses are defined by A.R.S. § 28-1381, with separate provisions for extreme and aggravated DUI.

Police officer speaking with a driver during a nighttime traffic stop in Arizona
A DUI investigation may involve a traffic stop, observations, and chemical-testing evidence.
Know the allegations

Arizona DUI charges are not all the same

The applicable statute, alcohol or drug evidence, prior history, and other circumstances can materially change the potential penalties. These are common categories, not a substitute for evaluating the actual charging document.

Standard DUI

Under § 28-1381, charges may involve impairment to the slightest degree, an alcohol concentration of 0.08 or more in the relevant time window, or other specified drug-related circumstances. Some commercial or for-hire drivers face a 0.04 threshold.

Extreme & Super Extreme DUI

Under § 28-1382, an alcohol concentration of 0.15 to below 0.20 falls within one extreme-DUI tier; 0.20 or more falls within the higher tier. Mandatory sentencing provisions may apply after conviction.

Aggravated DUI

§ 28-1383 addresses specified felony circumstances, including certain repeat offenses, driving while a license is suspended, driving the wrong way, or DUI involving a passenger under age 15.

Important: A person can face impairment-based DUI allegations even when a test result is below 0.08. The legal elements and evidence must be reviewed together.

Driver's license protection

A DUI case can affect your license before conviction

Arizona Motor Vehicle Division (MVD) actions are separate from the criminal case. Depending on testing and other circumstances, a driver may face an administrative suspension even before a court decides the criminal allegation.

Under Arizona's implied-consent law (A.R.S. § 28-1321), refusal to complete a legally required chemical test can lead to substantial license consequences. Different rules can apply when a driver takes the test.

The Arizona Department of Transportation's DUI guidance explains suspension, restricted driving, interlock devices, and administrative hearing requests. Read the deadline on your own notice immediately; it may not match a criminal court date.

After a DUI arrest

Keep these documents together

• Citation, complaint, or arrest paperwork

• MVD suspension or temporary license notice

• Chemical-test or refusal paperwork, if supplied

• Court hearing dates and release conditions

• Contact information for possible witnesses

A lawyer can help determine which deadlines and requests apply to your specific situation.

Beyond alcohol-related offenses

Criminal traffic allegations can also carry serious consequences

Reckless driving

Arizona A.R.S. § 28-693 addresses driving in reckless disregard for the safety of people or property. Depending on prior history and statutory factors, criminal penalties and license consequences may apply.

Other traffic-related cases

Some traffic citations are civil matters, while others allege criminal conduct. The classification matters when evaluating court appearances, potential penalties, driving records, and defense options. Examine the actual citation rather than assuming every traffic ticket is a misdemeanor.

For more information about Arizona misdemeanor classifications, see our misdemeanor defense practice area.

Case preparation

How our office approaches DUI defense

A thoughtful defense starts with the facts—not a prediction of the result. Depending on the allegations, relevant issues may include:

1

The stop

Reviewing the stated reason for the stop and the officer's recorded observations.

2

The investigation

Examining field sobriety procedures, video recordings, and witness accounts.

3

The testing

Evaluating collection methods, timing, maintenance records, and the reliability of chemical evidence.

4

The options

Assessing motions, negotiations, trial preparation, and any parallel MVD issues.

A case can also involve an initial court appearance. Read our guide to Arizona first appearances for background on the early criminal-court process.

Watch attorney Joel Chorny

What to consider during a police stop

In this video from the existing Chorny Law DUI page, Joel discusses a common mistake people can make in conversations during police stops. The video provides general educational context; it is not individualized legal advice or a substitute for following lawful instructions.

Watch the video, then discuss the actual facts of your traffic stop with counsel when evaluating potential defenses.

Watch on YouTube
What is at stake

Potential DUI consequences in Arizona

Consequences depend on the charge, prior convictions, and the court or administrative process. A qualifying DUI conviction may involve a combination of the following:

Criminal penalties

Jail or prison in cases where the law requires it, fines and assessments, treatment or education requirements, and other court orders.

Driving privileges

Suspension or revocation, ignition-interlock requirements, and restricted-license eligibility based on the applicable MVD rules.

Everyday life

Transportation, employment, insurance, and professional-license concerns may arise depending on the circumstances.

No guaranteed result: Whether a charge is challenged, reduced, dismissed, or tried depends on evidence, law, and case-specific decisions. See the firm's DUI reduction and dismissal discussion for related context; that article's claims should be evaluated independently, and no statewide outcome percentage is promised here.

Attorney Joel Chorny, Tucson criminal defense lawyer
The Law Office of Joel Chorny

Speak with a Tucson criminal defense attorney

Attorney Joel Chorny represents people navigating criminal charges in Tucson. An initial discussion can help identify the type of allegation, upcoming deadlines, evidence worth preserving, and questions to consider before the next court event.

Bring your citations and notices so the conversation can focus on the facts of your case.

Frequently asked questions

Tucson DUI & Traffic Offenses FAQs

Answers to common questions about DUI charges, attorney fees, potential outcomes, and driver's-license concerns.

How do I choose a DUI lawyer in Tucson?
Look for an Arizona criminal defense attorney who regularly handles DUI charges, can explain both court and MVD consequences, communicates clearly, and gives a case-specific assessment without promising an outcome. Ask who will handle your matter and how fees are structured.
How much does a DUI lawyer cost in Arizona?
DUI legal fees vary with the charge, prior history, evidence, likely motions, and whether the case proceeds to trial. Ask for a written explanation of the fee, what services are included, and any potential additional costs; no single price applies to every DUI case.
Is it worth hiring a lawyer for a first-time DUI?
A first DUI can involve criminal penalties and separate driver-license consequences. An attorney can review the stop, testing, deadlines, and available defenses, explain likely scenarios, and represent you in negotiations or court. Hiring counsel does not guarantee a reduction or dismissal.
Can a DUI charge be dismissed or reduced in Arizona?
It may be possible in some cases, depending on the facts, admissibility and reliability of evidence, and prosecutor and court decisions. A dismissal or reduction is never automatic, and Arizona law sets mandatory penalties for certain DUI convictions.
Will my driver license be suspended after a DUI arrest in Arizona?
Possibly, even before a criminal conviction. Arizona MVD may impose a separate administrative suspension tied to alcohol or drug testing and test refusal. The applicable hearing deadline depends on the notice, so promptly review the documents you received and the current ADOT guidance.
Can I be charged with DUI if my BAC is below 0.08?
Yes. Arizona also prohibits driving or being in actual physical control while impaired to the slightest degree by alcohol, certain drugs, or combinations of substances. A BAC below 0.08 does not automatically rule out a DUI charge.
What is the difference between standard, extreme, and aggravated DUI?
Standard DUI includes the offenses described in A.R.S. 28-1381. Extreme DUI involves a qualifying alcohol concentration of at least 0.15 under A.R.S. 28-1382, with a separate 0.20-or-higher tier. Aggravated DUI under A.R.S. 28-1383 involves circumstances such as specified repeat offenses, a suspended license, or certain other statutory factors.
Can I get a DUI while parked or not driving?
Potentially. Arizona DUI laws cover driving or being in actual physical control of a vehicle. Actual physical control is fact-specific; whether someone was moving the vehicle is not necessarily the only consideration.
What should I do after a DUI arrest in Tucson?
Keep all citations and MVD notices, note court dates and license deadlines, avoid discussing case details publicly, and contact a qualified attorney promptly. Court and MVD proceedings may involve different deadlines and requirements.
Official Arizona references

DUI statutes and driver-license guidance

These links lead to official Arizona legal and transportation resources. The applicable law and administrative procedures should be evaluated against the specific charge, notice, and case history.

A.R.S. § 28-1381 — DUI

Arizona's standard DUI statute and impairment-related offenses.

A.R.S. § 28-1382 — Extreme DUI

Alcohol-concentration tiers and associated criminal provisions.

A.R.S. § 28-1383 — Aggravated DUI

Specified aggravated DUI circumstances and felony classifications.

A.R.S. § 28-1321 — Implied Consent

Chemical testing, refusal consequences, and administrative procedures.

A.R.S. § 28-693 — Reckless Driving

Arizona reckless-driving elements and classification.

Arizona MVD — DUI and License Suspensions

Official state guidance about suspension, hearings, reinstatement, and interlock requirements.

This page is for general educational information only and does not create an attorney-client relationship or provide advice for a specific case. Requirements and deadlines can change. Review current official materials and consult an Arizona attorney about individual circumstances.

Protect your next steps

Talk with a Tucson DUI defense attorney

Facing DUI or criminal traffic allegations? The Law Office of Joel Chorny can help you understand the documents you received, the questions your case raises, and the legal process ahead.

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