Legal Question in DUI Law in Arizona

Re: non-moving on private property

Sounds like actual physical control. Was the vehicle in your name? If a witness observed you behind the wheel with the vehicle running it is likely that you were in actual physical control. The witnesses have to be interviewed to determine if you were in actual physical control. The more important and dispositive issue is as you point out there may be no probable cause to stop you. Merely sitting in a a running vehicle in a bar parking lot is not probable cause. No probable cause you win 100%. If there was probable cause and the government can prove that you were acting outside the scope of your restricted license this may meet the elements of Aggravated DUI (driving, ability to drive impaired to the slightest degree by an intoxicant and you knew or reasonably should have known that your license was suspended or revoked or 3rd DUI within 60 months). The typical plea offer for a first Aggravated DUI is 4 months prison, second Aggravated DUI 2.5 years and 3rd DUI (previous 2 misdemeanors) is 8 months.

Re: non-moving on private property

The fact that you were not actually driving does not in itself prevent a conviction for DUI. Under arizona law if you were in actual physical control of the vehicle you can be convicted. Did the officers tell you why they decided to investigate you. If they did not have a proper reason to "stop" you and begin a DUI investigation you may fight on those grounds and evidence can be suppressed. I would need to know more details before I could give you a better idea of such issues in your case. I cannot tell from your post, is this the first felony because of the license issue from a prior misdemeanor DUI or was the prior DUI a felony as well. If this is a first time felony - a conviction requires 4 months in Prison as part of probation. However, in many cases this can be negotiated to 4 months in the county Jail which provides the benefit of work furlough so that you can continue working. I would be happy to further discuss the matter with you. You can call me at your earliest convenience.