If you are facing a DUI charge in Arizona, making informed decisions starts with understanding the possible outcomes of your case. Most importantly, realizing that a conviction is a real possibility is crucial. Judges in Arizona take DUI charges very seriously, and if you do not defend yourself effectively, you will almost certainly face a conviction and its life-altering consequences.

But, while a conviction is one possible outcome, there are several other possible outcomes. As a defendant, your goal should be to minimize the consequences of your DUI arrest as much as possible. While this might mean seeking a “Not guilty” verdict in court, it might also mean something else. Learn more from the Phoenix DUI lawyers at The Weingart Firm:

5 Potential Outcomes of an Arizona DUI Case

DUI cases in Arizona have five potential outcomes. These outcomes range from facing a “Guilty” verdict and sentencing to avoiding consequences entirely.

1. “Guilty” Verdict in Court

One possible outcome is that you will face a “Guilty” verdict in court. You can face a “Guilty” verdict in one of three ways:

  • You plead “Guilty” at your arraignment;
  • You plead “No contest” at your arraignment; or,
  • A judge or jury finds you guilty at trial.

All three scenarios can lead to similar outcomes. Once you are found guilty, the judge will sentence you by Arizona law. All types of DUI charges carry substantial penalties in Arizona, including jail time, substantial fines, additional costs and surcharges, loss of driving privileges, and mandatory ignition interlock device installation.

2. “Hung Jury” (or Mistrial)

The second possible outcome is a “hung jury,” which results in a mistrial. A hung jury happens when the jurors hearing the case cannot reach a unanimous verdict. In this scenario, the case essentially starts over. The jury is dismissed, and prosecutors can decide if they want to try the case again. If the jury almost reached a guilty verdict (i.e., if the vote to convict was five to one in a misdemeanor DUI case), then a retrial is likely. Conversely, if the decision was split evenly or in the defendant’s favor, prosecutors may decide that trying again isn’t worth it. A hung jury can also motivate both sides to negotiate, and plea deals are standard following hung juries as well.

3. “Not Guilty” Verdict in Court

The third possible outcome is a “Not guilty” verdict in court. If prosecutors fail to meet their burden of proof, then a “Not guilty” verdict is the only just result. Generally speaking, a “Not guilty” verdict results in an immediate acquittal, and the defendant’s case is over (unless the prosecution files an appeal). As a defendant, securing a “Not guilty” verdict is the best-case scenario at trial, as it means that both (i) you won’t face any further penalties (on top of the jail time you already served) and (ii) you won’t have a DUI conviction on your permanent record.

4. Pretrial Dismissal

But, securing a pretrial dismissal is even better than securing a “Not guilty” verdict at trial. This is the fourth potential outcome of an Arizona DUI case. Judges may grant pretrial dismissals on various grounds, including (but not limited to):

  • Insufficient evidence to prove the defendant’s guilt as a matter of law;
  • Inadmissibility of the prosecution’s evidence due to constitutional violations or other issues; and
  • Prosecutorial misconduct (such as Brady violations involving improperly withholding exculpatory evidence).

If you can get your DUI charge dismissed before trial, you won’t have to face the inherent risk of presenting the facts of your case to the judge or jury. While there are various grounds for seeking pretrial dismissal, doing so effectively requires experienced legal representation. This is one of several reasons why it is important to discuss your case with an experienced Phoenix DUI lawyer as soon as possible.

5. Plea Bargain

The fifth possible outcome in an Arizona DUI case is a plea bargain. Securing a plea bargain involves negotiating with the prosecutor’s office and accepting a deal that results in some consequences—but not nearly the full repercussions you could face if you were convicted in court.

In most cases, plea bargains in Arizona result in “wet reckless” convictions. If a DUI conviction at trial is likely, accepting responsibility for a “wet reckless” can have several benefits. But, informed decision-making is required, as you do not want to take any consequences unnecessarily.

What About Pretrial Diversion?

If you’ve been researching potential outcomes in DUI cases online, you may have found references to “pretrial diversion.” Essentially, this involves taking your case off of the court’s docket while you complete a series of requirements, and once you complete all of these requirements, your DUI charge is permanently dismissed.

Unfortunately, this is not an option in Arizona.

While many states have pretrial diversion programs for DUIs, Arizona does not. As a result, if you are facing a DUI charge in Arizona, you must either: (i) accept a plea bargain; or (ii) fight your DUI charge in court.

What Can You Do to Avoid a “Guilty” Verdict in Court?

Let’s say fighting your DUI charge is your best option. What can you do to avoid a “Guilty” verdict in court?

While every case is unique, there are several potential defenses available. When you hire an experienced Phoenix DUI lawyer to represent you, your lawyer will evaluate all possible defenses and help you decide how best to proceed. If you have strong defenses available, seeking a pretrial dismissal or a “Not guilty” verdict may be your best option. If you don’t have robust defenses available, seeking a plea bargain may be the best path forward under the circumstances at hand.

Request a Free Consultation with a Phoenix DUI Lawyer at The Weingart Firm

Are you facing a DUI charge in Arizona? If so, we strongly encourage you to contact us for more information. To request a free consultation with a Phoenix DUI lawyer at The Weingart Firm, please call 480-897-8737 or get in touch online today.