Phoenix, AZ DUI and DWI Lawyer

Our experienced Phoenix, Arizona criminal and DUI defense attorneys have successfully defended well over one thousand individuals accused of drunk driving under Arizona's tough DUI and DWI laws.

If you feel your Arizona DUI charges are unfair, The Gillespie Law Firm, P.C. can help. Our Phoenix Arizona DUI defense firm has the expertise, the knowledge and the experience to help you fight these DUI charges and win. Our Phoenix, AZ DUI defense lawyers have a proven track record of getting many DUI cases dismissed or having the charges reduced. We know the ins and outs of the judicial system and are ready to fight to protect your rights.

A brief overview of Arizona DUI and DWI laws is outlined below. However, much more information about Arizona DUI law and our Phoenix DUI defense practice is provided at

An Arizona DUI case will be charged as either a misdemeanor or a felony offense depending upon the particular facts of the case, the status of the defendant’s driving privileges and prior criminal history.

Arizona Misdemeanor DUI Offenses:

(1) Arizona “DUI”

“DUI” means “Driving under the Influence” of intoxicating liquor (or drugs). The DUI charge involves a law enforcement officer’s suspicion the DUI suspect’s ability to drive is impaired. Although evidence of the subject’s Blood Alcohol Concentration (“BAC”) is relevant to the DUI charge, this offense does not require proof of a chemical test or evidence of the suspect’s BAC. This charge can be based solely upon the suspects (1) driving behavior, (2) physical appearance and performance on field sobriety test, and (3) verbal admissions.

(2) Arizona “DWI”

“DWI” stands for “Driving While Intoxicated,” which requires that the accused have a BAC of .08 or greater within two hours of driving a vehicle. Unlike the DUI charge, the DWI charge requires a blood, breath or urine test.

(3) Arizona “Extreme DWI”

The Extreme DWI charge differs from the DWI charge in only two respects. First, the Extreme DWI charge requires that the accused have a BAC of .15 or higher, within two hours of driving. Second, the punishment for an Extreme DWI is much greater than for a DUI or a DWI offense.

(4) Arizona “Super” Extreme DWI

The “Super” Extreme DWI requires that the accused have a BAC of .20 or greater, within two hours of driving. The punishment for a “Super” Extreme DUI is greater than for an Extreme DUI offense.

Arizona Felony DUI Offenses:

In Arizona, an “aggravated” or “felony” DUI offense is a DUI, DWI or Extreme DWI, committed:

  1. While the accused’s driver’s license is suspended, restricted, revoked, canceled, etc.;
  2. If, within a period of 84 months (7 years) the accused commits a third or subsequent DUI, DWI or Extreme DUI; or
  3. While a passenger less than fifteen years of age is in the vehicle.
  4. While the accused is required to equip a motor vehicle the person operates with a certified ignition interlock device.


In Arizona, it is illegal for anyone under 21 to drive or be in physical control of a motor vehicle while there is any alcohol in the person’s body. Simply put, the law punishes the presence of alcohol in the under 21 person’s body without regard to whether the person’s ability to drive was affected even in the slightest degree. And, if convicted, the under 21 driver faces a two-year license suspension. It should also be noted that under 21 drivers, in addition to being charged with underage DUI, are frequently simultaneously charged with other DUI violations.

Since the penalties and consequences for persons under 21 are so severe, it is important to have an experienced, knowledgeable and aggressive Arizona DUI attorney on your side. The transgressions we make in our early days can affect us for years to come. But many DUI’s can be successfully defended, and you would be wise to contact a Phoenix, AZ DUI defense lawyer who knows this area of the law.

At The Gillespie Law Firm our experienced and successful Phoenix DUI and DWI lawyer, Craig Gillespie, has many years of successful experience representing individuals who have been charged with a DUI or DWI in the state of Arizona. If you or someone you love have been charged with a DUI or DWI in Arizona, contact our Phoenix criminal lawyers for a free legal consultation.