duistatelaws.com Key takeaways
- The City Prosecutor handles misdemeanors cited by Tucson Police inside the city — about 50,000 criminal cases a year, it says.
- Outside the city limits, the Pima County Attorney prosecutes misdemeanor DUI in Justice Court; its Community Protection Bureau takes aggravated DUI.
- Tucson City Court lists DUI first among the case types eligible for its Home Detention Program.
- Under the current statute, a first-offense sentence needs one day in jail before home detention; a second or extreme DUI needs 20% of the initial term.
- The court still links a 2008 DUI case plan that aimed to resolve 85% of DUI cases within 120 days of filing.
- 30 days to request the license hearing from MVD.
from the date you were served with the notice to demand a hearing from Arizona Department of Transportation, Motor Vehicle Division. The request goes to MVD, not to the court, and no judge in Pima County will make it for you. A.R.S. § 28-1321(F), (G).
Tucson is in Pima County, and nothing about the Phoenix-area courts carries over to it: different county, different Superior Court, a different County Attorney. Inside the city, a misdemeanor DUI goes to Tucson City Court and is prosecuted by the Tucson City Prosecutor’s Office, which describes itself as the criminal division of the City Attorney’s Office.
Two things on the court’s own site are specific to DUI: a home detention program that lists DUI first among the eligible case types, and a DUI case management plan, adopted in 2008, that the court still links from its information page. This page covers both, then who prosecutes a DUI outside the city. The statewide penalties are on the Arizona DUI law page.
The same diagram as a table
| Step | Criminal case — decided by a court | License case — decided by a state agency |
|---|---|---|
| 1 | Arrest and booking, hour 0 | Notice of suspension served, day 0 |
| 2 | Charge filed by the prosecutor | Deadline to demand a hearing: 7 to 30 days in the eight states on this site that use an agency hearing |
| 3 | First court setting, on a date the court picks | Hearing held if the request was filed — whether the suspension waits for the ruling is set by each state's statute |
| 4 | One or more pretrial settings | Suspension takes effect automatically with no hearing |
| 5 | Trial, plea or dismissal | — |
| Clock | Weeks to months. No filing deadline runs against the driver. | Counted in days from the notice, and fixed by statute. |
Where a Tucson DUI is heard
Tucson City Court, the City Prosecutor and the City Public Defender are all at 103 E. Alameda St.: the court itself, the prosecutor in Suite 501, the public defender in Suite 601. The court is open Monday to Friday, 8am to 5pm. The City Prosecutor states that it prosecutes misdemeanor crimes committed inside the city limits and cited by the Tucson Police Department, approximately 50,000 criminal cases a year.
Tucson City Court
- Hears
- Misdemeanors cited inside Tucson city limits, DUI among them
- Building
- Tucson City Court
- Address
- 103 E. Alameda St., Tucson, AZ 85701
- Detail
- Home detention screening is on the 4th floor, room 401; the court also runs a Veterans Court with the Southern Arizona VA Health Care System
- Hours
- Monday to Friday, 8am to 5pm
- Phone
- 520-791-4216
Tucson City Prosecutor’s Office
- Role
- The Criminal Division of the City Attorney’s Office; misdemeanors cited by Tucson Police
- Building
- City Prosecutor’s Office, Suite 501
- Address
- 103 E. Alameda St., Suite 501, Tucson, AZ 85701
- Detail
- The office states that it prosecutes approximately 50,000 criminal cases a year in Tucson City Court
- Hours
- 8am to 5pm
- Phone
- 520-791-4104
City of Tucson Public Defender’s Office
- Role
- Appointed by the court, case by case, for defendants found unable to afford a lawyer
- Building
- Public Defender’s Office, Suite 601
- Address
- 103 E. Alameda St., Suite 601, Tucson, AZ 85701
- Detail
- The court states it appoints counsel only if the prosecutor is seeking jail time and the judge finds you cannot afford an attorney
- Hours
- Monday to Friday, 8am to 5pm
- Phone
- 520-791-4857
The court’s own guide to its process states that it will appoint an attorney only if the prosecutor is seeking jail time as part of the sentence and the judge finds that you cannot afford one. The City Public Defender’s Office is then appointed case by case. The court’s clerks cannot give legal advice; the law library it points to is at Pima County Superior Court, 110 W. Congress, 2nd floor.
The court also runs a Veterans Court with the Southern Arizona VA Health Care System. It takes veterans with misdemeanor charges issued in the City of Tucson, except sexual offenses and violent crimes. Eligible veterans are screened at the Alternative to Jail session held Monday to Friday, and those who agree to take part are given a date at one of two monthly Veterans Court sessions, before the VA screens them for the program. The court states that if the veteran completes the treatment plan without re-offending, the charges are dismissed.
Not sure which court your case is in?
Enter the ZIP code where the arrest happened and the full form opens with it filled in.
The DUI case plan the court still publishes
Among its court information links, Tucson City Court posts a scanned document titled DUI Case Management Plan. It is dated September 2008, was adopted under Arizona Supreme Court Administrative Order 2006-38 with the approval of the presiding judge of Pima County Superior Court, and was written to cover misdemeanor DUI cases from October 1, 2008 to June 30, 2009. It is the court’s plan from that period, not a promise about your case, but it is the clearest published picture of how the court intended a DUI to move.
- The goal: resolve 85 percent of DUI cases within 120 days of filing and 93 percent within 180 days.
- Filing: the complaint is to be filed within ten calendar days of being issued; a later filing may be rejected as untimely.
- Counsel: an unrepresented defendant is screened within two days to see whether they qualify for appointed counsel, and if so counsel is appointed within five days.
- Disclosure: the court orders the State to disclose what the prosecutor holds within fifteen days of arraignment; blood results as soon as they are available.
- The sequence: a case management conference, a status conference about thirty days later, then a motion hearing, trial and sentencing, with trial dates generally set only once it is clear the case is in fact going to trial.
- Continuances: no stipulated continuance is granted automatically; each request needs a valid reason.
None of that touches the license. After a failed or refused test, the notice of suspension gives you 30 days to request a hearing from MVD, and that deadline runs on its own, whatever the court calendar says.
| What happened | First time | With a prior | Authority |
|---|---|---|---|
| Failed the test | at least 90 days | — | A.R.S. § 28-1385(H) |
| Refused the test | 12 months | 2 years | A.R.S. § 28-1321(B) |
Home detention for a DUI sentence
Tucson City Court runs a Home Detention Program under Arizona Revised Statutes section 9-499.07, which lets a city establish home detention that is treated the same as confinement in jail. The court lists DUI first among the eligible case types. It also lists who is not eligible: anyone the City finds to be a risk to themselves or others, anyone with a history of violent behavior or a conviction involving domestic violence or assault, anyone the sentencing judge rules out, and anyone ever convicted of a felony, a sex offense or child abuse.
What it involves. Screening is at the court, 4th floor, room 401. Participants are electronically monitored, may not drink or use drugs, and are tested — the court says on Mondays and Thursdays at the Treatment Assessment Screening Center, at $5 per alcohol test and $5 per drug test. For DUI sentences the court adds that the defendant pays for all alcohol or substance abuse programs, that participation is mandatory, and that the defendant must report daily for alcohol and drug testing.
The court’s page states minimum jail periods before home detention by reference to subsections of section 28-1381: 24 consecutive hours under one subsection and 15 consecutive days under another. The statute as it now reads is framed differently. Section 9-499.07(N) requires a minimum of one day in jail for a sentence under section 28-1381(I), the first-offense provision, and a minimum of twenty per cent of the initial term of incarceration for a sentence under section 28-1381(K) or section 28-1382(D) or (E) — a second DUI, or an extreme DUI. The statute also requires testing at least once a day and an accredited alcohol or drug program. The statute controls; a lawyer can tell you which figure applies to your sentence.
The statute lets the court end participation at any time and order the rest of the sentence served in jail, and names two triggers in particular: leaving home without permission during ordered hours, and failing a court-ordered alcohol or drug program.
DUI cases in and around Tucson
Pima County divides DUI prosecution by place and by grade. The County Attorney’s Criminal Division states that it prosecutes felonies committed by adults anywhere in the county and misdemeanors committed outside city limits.
| Where and what | County | Where the case goes |
|---|---|---|
| A misdemeanor DUI cited by Tucson Police inside the city | Pima | Tucson City Court, prosecuted by the City Prosecutor |
| A misdemeanor DUI in unincorporated Pima County | Pima | Pima County Justice Court, prosecuted by the County Attorney’s Misdemeanor Bureau |
| An aggravated (felony) DUI anywhere in the county | Pima | The County Attorney’s Community Protection Bureau |
The County Attorney states that its Criminal Division prosecutes felonies committed by adults in Pima County and misdemeanor offenses committed outside city limits.
Two units of the County Attorney’s office handle DUI. Its Misdemeanor Bureau prosecutes misdemeanors committed in unincorporated Pima County and cited into Pima County Justice Court, and lists driving under the influence among them. Its Community Protection Bureau prosecutes felony offenses committed with a motor vehicle, aggravated DUI among them, and is organised in four geographic teams that match the Tucson Police Department and Pima County Sheriff divisions. The City Prosecutor, with the Center for Life Skills Development, runs a diversion program for some first-time misdemeanor offenders at $275, with additional fees possible, but its published eligibility rules do not say whether a DUI qualifies. The Maricopa County pages on this site — Phoenix, Mesa, Tempe — describe a different county’s system.
Common questions about Tucson DUI cases
Which court hears a DUI in Tucson?
Tucson City Court, 103 E. Alameda St., for misdemeanors cited inside the city by Tucson Police. A misdemeanor DUI in unincorporated Pima County goes to Pima County Justice Court, and an aggravated (felony) DUI is prosecuted by the Pima County Attorney.
Can a Tucson DUI jail sentence be served at home?
Possibly. Tucson City Court lists DUI among the cases eligible for its Home Detention Program under A.R.S. 9-499.07, with electronic monitoring and alcohol and drug testing. The statute requires one day in jail first for a first offense, and twenty per cent of the initial term for a second or extreme DUI.
Who is not eligible for Tucson home detention?
The court lists people found to be a risk to themselves or others, people with a history of violent behavior or a domestic violence or assault conviction, anyone the sentencing judge rules out, and anyone ever convicted of a felony, a sex offense or child abuse.
Will Tucson City Court appoint me a lawyer for a DUI?
The court states it appoints an attorney only if the prosecutor is seeking jail time and the judge finds you cannot afford one. The City Public Defender's Office is then appointed case by case.
How long does a Tucson DUI case take?
The court's published DUI case management plan, dated 2008, aimed to resolve 85 percent of DUI cases within 120 days of filing and 93 percent within 180 days. It describes that period's goals, not a deadline in any individual case.
How long do I have to request an MVD hearing?
Thirty days from the notice of suspension. The request goes to the Arizona Motor Vehicle Division, not to Tucson City Court.
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More for Arizona
- Arizona DUI law — the full penalty matrix, the statutes, and the rules on priors and interlock
- Phoenix and Maricopa County — the same state, a different courthouse problem
- Gilbert and Maricopa County — the same state, a different courthouse problem
- Scottsdale and Maricopa County — the same state, a different courthouse problem
- Mesa and Maricopa County — the same state, a different courthouse problem
- Tempe and Maricopa County — the same state, a different courthouse problem
- Refusing a breathalyzer — what implied consent costs here against what it buys
- How long it stays on your record — three records, three clocks
- SR-22 insurance after an Arizona suspension — what the filing certifies and how long it runs
- Ignition interlock providers and costs in Arizona — what the device costs and who installs it
Sources
- City of Tucson, Tucson City Court (read in a browser; the site refuses scripted requests) — read September 28, 2026
- City of Tucson, City Court, Home Detention Program — read September 28, 2026
- Tucson City Court, DUI Case Management Plan, September 2008 (scanned PDF linked from the court’s site) — read September 28, 2026
- City of Tucson, City Court, Your Day in Court — read September 28, 2026
- City of Tucson, City Court, Veterans Court — read September 28, 2026
- City of Tucson, Public Defender’s Office — read September 28, 2026
- City of Tucson, City Court, legal information — read September 28, 2026
- City of Tucson, City Prosecutor’s Office — read September 28, 2026
- City of Tucson, City Prosecutor, diversion — read September 28, 2026
- Pima County Attorney’s Office, Criminal Division — read September 28, 2026
- Arizona Revised Statutes § 9-499.07, home detention, Arizona Legislature — read September 28, 2026
- A.R.S. § 28-1381(A)(2) and the rest of the Arizona statutes cited on this page — read in force 2026
Court addresses, hours and phone numbers were read from each court’s or office’s own published page on September 28, 2026. Those change without notice; confirm before you rely on them. No judge is named anywhere on this page, because a roster is exactly the kind of detail that goes stale silently.