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.