Know What You’re Signing
The Arizona DUI Plea Agreement
A sample of what you’d sign — and what every line means.
If your case resolves without a trial, it ends with a plea agreement — a contract the prosecutor writes and you decide whether to sign. Below is a reference copy of a standard agreement with each section explained, so nothing in it is a surprise.
This is a sample for understanding — not a form to file. The prosecutor drafts the actual agreement in your case. You are never required to sign one, and once a court accepts a plea it is very hard to undo. Use this to know what to look for before you make that decision.
Section by Section
How to Read a Plea Agreement
Every Arizona DUI plea agreement covers the same core pieces. Know what each one is doing before you weigh the deal.
The charge you plead to
Which count and statute you agree to plead guilty or no contest to — e.g., DUI under A.R.S. § 28-1381(A)(1). It may be the original charge or a reduced one. Read it against your citation: is anything being dismissed in exchange?
The stipulated sentence
The heart of the deal: jail days (and any work-release or home-detention), fines and surcharges, probation length, alcohol screening and classes, and the ignition-interlock period. 'Stipulated' means agreed; anything 'left to the court' is not guaranteed.
Mandatory minimums
Arizona DUI carries statutory minimums that a plea cannot go below — jail, fines, and interlock scale with the BAC tier (regular, Extreme ≥0.15, Super Extreme ≥0.20) and priors. Confirm the deal actually reflects the right tier.
The rights you give up
By pleading, you waive the right to a jury trial, to confront and cross-examine witnesses, to remain silent, to make the State prove every element beyond a reasonable doubt, and — usually — most of your right to appeal.
Collateral consequences
License suspension/revocation, the SR-22 insurance requirement, immigration consequences (a required warning), and effects on CDLs or professional licenses. These live in the fine print but can outlast the sentence.
Voluntariness & signatures
A statement that no other promises were made and that you're signing freely, followed by signatures from you, defense counsel (if any), the prosecutor, and the judge's acceptance. Once the court accepts it, it is very hard to undo.
What You Give Up by Signing
A plea is a conviction. In exchange for a known outcome, you waive the protections a trial would give you:
- The right to a trial by jury
- The right to confront and cross-examine the State's witnesses
- The right to remain silent and not incriminate yourself
- The right to make the State prove every element beyond a reasonable doubt
- The right to present your own witnesses and evidence
- In most cases, the right to appeal the conviction
The Document
A Sample Plea Agreement
Here is a standard agreement laid out the way an Arizona court would see it. Bracketed [values] are the terms set by your specific deal.
Standard Misdemeanor DUI — Plea Agreement (illustrative skeleton)
A representative structure for a first-offense misdemeanor DUI. Bracketed [ ] values are set by the specific deal and court. This is an educational skeleton — not a form to file.
IN THE [NAME] COURT, [COUNTY / CITY], ARIZONA
STATE OF ARIZONA, Case No. [__________]
Plaintiff,
vs. PLEA AGREEMENT
[DEFENDANT NAME],
Defendant.
The State of Arizona and the Defendant agree as follows:
1. PLEA. The Defendant agrees to plead [guilty / no contest] to:
Count [__]: [CHARGE], A.R.S. § [28-1381(A)(1)], a class [1] misdemeanor.
2. DISMISSAL. In exchange, the State agrees to [dismiss Count(s) __ /
not file additional charges / amend the charge as stated above].
3. SENTENCE / STIPULATIONS. The parties stipulate to:
a. Jail: [__] days ([__] may be suspended / work-release eligible)
b. Fines & fees: $[______] plus statutory surcharges and assessments
c. Probation: [supervised / unsupervised] for [__] months, or none
d. Screening/classes: Alcohol/drug screening and any recommended
education or treatment
e. Ignition interlock: [__] months on any vehicle you operate
f. Other: [community restitution hours / MADD panel / etc.]
Any term not stipulated above is left to the discretion of the Court.
4. MANDATORY MINIMUMS. The Defendant understands this offense carries
mandatory minimum penalties set by Arizona law that the Court cannot
go below, and that the maximum possible penalties are [__________].
5. WAIVER OF RIGHTS. By entering this plea, the Defendant gives up the
right to a trial by jury; to confront and cross-examine witnesses; to
remain silent; to require the State to prove guilt beyond a reasonable
doubt; to present a defense; and, except as allowed by law, the right
to appeal.
6. OTHER CONSEQUENCES. The Defendant understands this plea may result in
license suspension or revocation, an SR-22 insurance requirement, and
— if the Defendant is not a U.S. citizen — deportation, denial of
naturalization, or exclusion from admission to the United States.
7. VOLUNTARINESS. The Defendant states that no promises other than those
in this agreement have been made, and that this plea is entered freely
and voluntarily.
_______________________________ _______________________________
Defendant Deputy [City/County] Attorney
_______________________________ Date: ________________________
Defense Counsel (if any)
APPROVED / ACCEPTED this ____ day of __________, 20__.
_______________________________
Judge of the [Name] CourtDo not treat this as legal advice or a fill-in form. It is an educational illustration of structure and terms. The agreement in your case will differ by court, prosecutor, charge tier, and prior history. Read the real one line by line, and get help with anything you don’t understand before you sign.
Before You Sign Anything
A plea decides the rest of your life for this case. Understand your evidence first, and get a professional read on the terms.
Know your case first
Read your police report and weigh the strength of the evidence before you accept any deal.
How to read your reportHave an attorney review the terms
Ask a Roth Law attorney about one specific term for a flat fee, or have the firm handle the negotiation.
Talk to Roth LawPlea Agreement FAQ
What is a DUI plea agreement in Arizona?
A plea agreement is a written contract between you and the prosecutor: you agree to plead guilty or no contest to a specific charge, and in exchange the State agrees to something — often dismissing other counts or stipulating to a particular sentence. The judge must accept it for it to take effect. The prosecutor drafts it; you are not required to sign, and once the court accepts a plea it is very difficult to withdraw.
What rights do I give up by signing a plea?
You waive the right to a trial by jury, to confront and cross-examine the State's witnesses, to remain silent, to require the State to prove every element beyond a reasonable doubt, to present your own defense, and — in most cases — your right to appeal the conviction. Because the waiver is broad and hard to undo, understanding the agreement fully before signing is critical.
Can a plea go below the mandatory minimum DUI penalties?
No. Arizona sets statutory minimum penalties for DUI — jail, fines, and ignition-interlock time that scale with the BAC tier (regular, Extreme at 0.15+, Super Extreme at 0.20+) and any prior convictions. A plea agreement can reduce a charge or resolve counts, but the sentence for whatever you plead to cannot go below that offense's statutory minimum. Always confirm the deal reflects the correct tier and prior-offense history.
Should I sign a plea agreement without a lawyer?
You have the right to represent yourself, but a plea is a permanent conviction with mandatory consequences and a broad waiver of rights, so it deserves careful review. At minimum, read every line, make sure the charge, the tier, and every stipulated term are correct, and consider having an attorney review the specific agreement — or at least one specific term you're unsure about — before you sign.