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Misdemeanor DUI

Misedemeanor DUI defense has been a major part of my law practice for 13 years. The law is very complex.  To me a complex law is an opportunity.  It is an opportunity for  for an experienced attorney to help a defendant in many different ways.

Every DUI case is different and there countless ways a defendant might be innocent of the charges.  Knowing the law inside and out is the only way an attorney can effectively represent a client.

I have been fighting misdemeanor DUI's for 15 years.

Here is the basic statute:

28-1381. Driving or actual physical control while under the influence

A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances:

1. While under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree.

2. If the person has an alcohol concentration of 0.08 or more within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle.

3. While there is any drug defined in section 13-3401 or its metabolite in the person's body.

The Law Office of Michael A. Burkhart

Michael A. Burkhart has over ten years of experience defending the accused throughout Phoenix, including cases in Mesa, Maricopa County, Tempe, Gilbert, Chandler, and Queen Creek.


Arizona has the toughest DUI laws in the country. The State will try to put you in jail for up to six months, take away your license, make you pay thousands of dollars in fines, go through alcohol classes, and put an alcohol sensor on your car.