A Tempe DUI charge needs prompt, concrete attention. Arizona uses a low impairment standard, separates alcohol results into escalating tiers, and attaches mandatory jail language even to a first conviction. This page explains the charge, the likely court path, and the records a local defense attorney will need to examine before decisions are made.
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A reported number, the arresting agency, and the court named on the paperwork determine what needs attention first.
Know the difference between 0.08, extreme DUI at 0.15, and super extreme DUI at 0.20 before you make assumptions about the charge.
Misdemeanor DUI complaints and felony aggravated-DUI allegations can travel through different local prosecution paths. The paperwork, not the arrest location alone, tells you where to look.
Reports, video, test records, and the timeline should be identified early. A number on a citation is a starting point for review, not a complete analysis.
Tempe Police, ASU Police, and state or county agencies can create different record trails. The arresting agency belongs in the first set of facts an attorney checks.
Nothing is filed and nothing is owed until you decide what to do next.
Set aside the citation, release paperwork, any testing notice, and court date. Save texts, receipts, ride records, and witness names in their original form.
A lawyer reviews the listed count, reported concentration, aggravating allegation if any, arresting agency, and venue. That separates a standard misdemeanor issue from a possible felony path.
The record may include video, reports, dispatch material, and testing documentation. Early review is about obtaining those materials and avoiding a missed setting, not predicting a result.
Illustrative photographs only. No specific Tempe case, client or property is shown.
A Tempe arrest can look simple on a citation and still turn on several distinct legal facts. These are the four that change the first review.
Arizona can allege a 0.08-or-higher count, impairment to the slightest degree, drug-related grounds, or multiple counts. The exact cited statute determines what the state must establish.
A result at 0.15 or 0.20 can place a case in Arizona’s extreme or super extreme tier. The statutory sentencing language and interlock provisions change with the tier.
A suspended license, certain prior convictions, a child passenger, or an interlock allegation may transform the route. The prior-record dates and underlying statute need verification, not assumptions.
An arrest in Tempe may involve city police, ASU Police, or another agency. The report source and case venue affect where an attorney looks first for records and what deadline is next.
Most people start with one of four questions: is this a first-offense misdemeanor, does the number make it extreme, can the test be examined, or is there a felony issue? Each deserves a direct answer.
A first arrest does not mean a minor charge in Arizona. The usual alcohol-count statute covers a result of 0.08 or above within two hours of driving, but it also covers driving while impaired “to the slightest degree.” That second route matters. A reported number below 0.08 does not automatically end the case when the state alleges impairment from alcohol, drugs, medication, or a combination. The citation may list more than one subsection, and the evidence supporting each one can differ. For a first standard DUI conviction, Arizona law states a minimum ten consecutive days in jail. The statute also allows a judge, at sentencing, to suspend all but one day if court-ordered screening, education, treatment, or psychotherapy is completed. That is not the same thing as a promise that the case will end that way. The charging allegation, prior record, facts of the stop, test evidence, and the court’s rulings all matter before sentencing is even at issue. The immediate task is to identify exactly what was charged and gather the evidence behind it. An attorney may look at the reason for the stop, driving observations, field-sobriety instructions and conditions, statements, video, timing of drinking and driving, and the collection and analysis of a breath or blood sample. Keep every sheet issued at release and write down the timeline while it is fresh. If the ticket names Tempe Municipal Court, do not treat its date as informal. A missed court setting can create a separate problem even while the DUI allegation is still being sorted out.
Arizona’s alcohol tiers are unusually explicit. A reported alcohol concentration from 0.08 through 0.149 is the standard per-se DUI range. At 0.15 through 0.199, the charge moves into the statute labeled extreme DUI. At 0.20 or more, it is commonly called super extreme DUI. The names are not just labels. The statute assigns different minimum jail terms, assessments, and ignition-interlock consequences. For a first conviction in the 0.15–0.199 range, the stated minimum is thirty consecutive days in jail. For 0.20 or above, the stated minimum is forty-five consecutive days. The same law includes a limited sentencing provision that may allow a judge to suspend all but nine days in the first tier, or all but fourteen days in the higher tier, when the statutory ignition-interlock requirement is met. Eligibility, compliance, the precise conviction, and the court’s sentence matter; the headline number alone is not a personal prediction. Check the document carefully. The relevant statutory language measures alcohol concentration within two hours of driving or actual physical control, and says it must result from alcohol consumed before or while driving. A defense review is therefore not just a glance at a printout. It can include when the sample was taken, which test is alleged, chain-of-custody documents for blood, maintenance and procedural records where applicable, video, and the state’s proof connecting the reported result to the statute. If the paperwork says 0.15 or 0.20, treat the line between tiers as important and get the actual records preserved quickly.
A breath or blood number is important evidence, but it is not a complete case file. Arizona’s standard DUI statute can proceed on a 0.08-or-higher allegation within two hours of driving, on alleged impairment to the slightest degree, or in some circumstances involving certain drugs or metabolites. The state still has to establish the elements it charged. That makes the stop, the timeline, the method of collection, and the documentation surrounding the sample worth close attention. Start with the papers you actually received. They may show whether the state is alleging a breath result, a blood result, an impairment count, or several counts at once. They may not contain every record needed to evaluate the evidence. An attorney can seek and review the officer’s narrative, dispatch and radio material, body-worn or vehicle video, field-sobriety material, test records, and laboratory documentation. If a medical event, medication, mouth condition, injury, language barrier, or roadside environment affected what happened, record that now with dates and names rather than relying on memory months later. Do not edit messages, delete location history, or try to recreate an account of the night from guesses. Preserve original texts, receipts, ride records, and any witness names. Those items can establish a timeline, but they can also be misunderstood without context. A careful defense analysis compares the documents against one another: when the vehicle was stopped, what officers reported observing, when testing occurred, and what the charge requires. The result may be contested, explained, or remain strong; no website can decide that. The practical move is getting the full record reviewed before choosing how to respond in court.
Not every Tempe DUI stays in the municipal misdemeanor track. Arizona’s aggravated DUI statute can elevate an allegation to a felony in situations that include driving under the influence while a license or privilege is suspended, canceled, revoked, or refused; a third qualifying DUI within eighty-four months; driving under the influence with a person under fifteen in the vehicle; or certain ignition-interlock violations. The exact statutory subsection, dates of prior convictions, and driving-record status are central, so do not assume the label on an officer’s paperwork tells the whole story. Venue is a real dividing line in Tempe. The City Prosecutor’s Criminal Division says it handles misdemeanor crimes occurring in the city, including DUI complaints. It also says felony cases occurring in Tempe are prosecuted by the Maricopa County Attorney’s Office. That can change the prosecution office, court path, case number format, and how quickly a person needs to understand what has been filed. A ticket or release sheet may identify Tempe Municipal Court for a misdemeanor matter; a felony allegation follows a different route. Gather the documents that bear on elevation before anyone guesses: the citation, the current Arizona driving record if available, any prior case dispositions, proof of an ignition-interlock order or compliance, and the booking and release paperwork. A defense attorney can determine whether the alleged aggravating circumstance is supported, whether the prior conviction history qualifies, and what court is actually handling the matter. That review should happen early. A felony allegation has consequences beyond the immediate court date, and the first useful question is the precise statutory count—not a generic promise about “fighting” it.
This is general information, not an assessment of any individual case. The citation and arrest report are only the beginning; a qualified attorney has to review the actual charge, evidence, history, and deadlines.
Checked against primary sources on 2026-08-22. Every claim below links to where it came from.
Arizona’s basic DUI statute reaches driving while impaired “to the slightest degree” and a 0.08-or-higher alcohol concentration within two hours of driving. A separate statute sets the extreme-DUI range at 0.15 to less than 0.20 and the higher, commonly called super-extreme, range at 0.20 or more. The stated first-conviction jail minimums are ten consecutive days for the basic statute, thirty days for 0.15–0.199, and forty-five days for 0.20 or above, subject to statutory sentencing provisions.
Why it matters: A Tempe reader needs to know that a number below 0.08 does not itself resolve an impairment allegation, and that 0.15 and 0.20 are legal threshold lines rather than casual labels. The cited subsection and reported result shape the evidence review and sentencing exposure.
The Tempe City Prosecutor’s Criminal Division prosecutes misdemeanors occurring in Tempe, including traffic and criminal complaints involving DUI. The same office states that felony cases occurring in Tempe are prosecuted by the Maricopa County Attorney’s Office.
Why it matters: A standard misdemeanor DUI and an aggravated-DUI felony allegation can begin on different local prosecution paths. The charge and venue listed on the paperwork determine where a lawyer needs to look for the case and which court process applies.
Source: tempe.gov
Arizona’s Governor’s Office of Highway Safety reports DUI figures separately for ASU Police: 19 in 2023 and 55 in 2024. The agency’s 2025 figure is listed as preliminary statistical data.
Why it matters: Tempe’s university footprint can place an arrest in a distinct law-enforcement record system. The arresting agency printed on the citation helps identify where reports, video, dispatch material, and other case records may begin.
Source: gohs.az.gov
Arizona’s basic alcohol DUI provision uses 0.08 or more within two hours of driving. A reported 0.08 through 0.149 generally falls in that standard per-se range. Under A.R.S. § 28-1382, 0.15 through 0.199 is the extreme-DUI tier and 0.20 or above is the higher tier often called super extreme DUI. A result below 0.08 is not automatically the end of a DUI allegation because A.R.S. § 28-1381 also prohibits driving while impaired to the slightest degree. The charge and evidence—not a nickname for the number—control what has to be addressed.
Many misdemeanor DUI complaints arising in Tempe can be handled in the city’s municipal system. The Tempe City Prosecutor says its Criminal Division prosecutes misdemeanors occurring in the city, including DUI, while felony cases occurring in Tempe are prosecuted by the Maricopa County Attorney’s Office. The citation, release paperwork, and case lookup identify the actual venue. That distinction matters because an aggravated DUI allegation can be a felony, and a court date should be confirmed from the documents rather than inferred from where the arrest occurred.
The agency identifies where records begin. The Arizona Governor’s Office of Highway Safety separately reports DUI figures for ASU Police, including 55 in 2024 after 19 in 2023, so an arrest connected with the university can involve a distinct law-enforcement record source even when the event occurred in Tempe. The arresting agency, location, and court named on the paperwork help direct requests for reports, video, dispatch material, and other evidence. Keep the citation and booking paperwork together; agency names and report numbers are practical details, not minor paperwork.
Get the citation, court date, test paperwork, and arresting-agency details organized now. A Tempe DUI lawyer can identify the allegation, the venue, the evidence to preserve, and the next deadline without pretending the result is known in advance.
Call (480) 741-9606No obligation · Written for Tempe · Maricopa County