Terms A to Z

The words you will hear from the court, MVD and your lawyer, in plain English.

A

Actual physical control
Being in control of a vehicle without necessarily driving it. Arizona’s DUI laws apply to driving or being in actual physical control.
Admin per se suspension
The MVD license suspension that follows a DUI arrest with a qualifying test result, separate from the criminal case. See Your Driver License After a DUI Arrest in Arizona.
Arraignment
The hearing where the defendant enters a plea of guilty, not guilty or no contest.

B

Board-certified specialist
A lawyer certified by the State Bar of Arizona in a practice area such as criminal law; certification lasts five years.

C

Certificate of second chance
A certificate a court may issue with a set-aside order that helps with occupational licenses, employment and housing. See Setting Aside a Conviction in Arizona.
Class 1 misdemeanor
The most serious misdemeanor class in Arizona, with a maximum jail term of six months. A standard DUI is a class 1 misdemeanor.

D

Diversion
A program that lets some defendants complete conditions instead of going to trial or conviction, depending on the charge and the prosecutor.

E

Earned upon receipt fee
A flat fee paid in advance that the lawyer treats as earned when paid. Arizona requires a written notice that the client may still be entitled to a refund.
Extreme DUI
Driving with an alcohol concentration of 0.15 or more within two hours of driving, with higher minimum penalties. See Extreme DUI in Arizona: 0.15 and 0.20 Explained.

F

Fee arbitration
A free, voluntary State Bar of Arizona program to resolve fee disputes of $1,000 or more between clients and lawyers.

G

Grand jury
A group of citizens that hears the prosecutor’s evidence and decides whether to indict; at least nine must agree.

I

Ignition interlock
A breath-testing device that must be installed in a vehicle after certain DUI convictions before it will start.
Indictment
A formal felony charge returned by a grand jury.
Initial appearance
The first court hearing after an arrest, which must be held within 24 hours or the person must be released. See What Happens After an Arrest in Phoenix.

N

No contest
A plea that does not admit guilt but accepts conviction; the court proceeds to sentencing.

P

Preliminary hearing
A felony hearing where a judge decides whether there is probable cause to hold the case for trial.
Probable cause
A reasonable basis to believe a crime was committed; required for arrests, detention and felony charges.
Public defender
A lawyer paid by the government to represent people who cannot afford one, in cases where the court appoints counsel. See Public Defender or Private Attorney: How It Works in Arizona.

R

Release conditions
The rules a judge sets at the initial appearance for staying out of custody until the case ends.

S

Sealing
A court order under A.R.S. 13-911 that limits who can see case records. See Sealing Criminal Records in Arizona.
Set aside
A court order under A.R.S. 13-905 that sets aside a judgment of guilt after the sentence is completed; the record is annotated, not erased.
Summary review
A written MVD review of a license suspension, requested instead of a hearing.

T

Traffic survival school
A course MVD requires after DUI convictions.