Zachary Divelbiss

Top rated DUI-DWI attorney in Phoenix, Arizona

Future First Criminal Law
Zachary Divelbiss
Future First Criminal Law

Practice areas: DUI-DWI, Criminal Defense

Licensed in Arizona since: 2017

Education: Arizona Summit Law School

Languages spoken: English, Spanish

Selected to Rising Stars: 2023 - 2026
Virtual Appointments Free Consultation

Future First Criminal Law

2999 N 44th St
Suite 307
Phoenix, AZ 85018 Phone: 602-854-9151 Email: Zachary Divelbiss Visit website

Zachary Divelbiss is the founder of Future First Criminal Law, a Phoenix firm focused on DUI and criminal defense across Maricopa County. He built the firm from the other side of the courtroom.

Growing up in Apache Junction, Zach collected a string of charges before he ever thought about law school: three minor-in-consumption charges, a minor in possession, a DUI, and a false identification charge. At one point he was arrested, represented himself at trial, and lost. He watched the police, the prosecutor, and the judge move a life through the system as a case number, and he saw how little most people understand about what is happening to them.

The experience set his direction. Zach earned a Justice Studies degree with honors from Arizona State University, then graduated seventh in his class with honors from Arizona Summit Law School. His own record followed him for years. It stretched his bar admission over months of review and cost him a legal clerk job at the Maricopa County Public Defender's Office. He knows firsthand how one mistake keeps charging interest long after a case closes.

Today Zach handles DUI cases, misdemeanors, and felonies for good people facing the fear and confusion he remembers. He explains the system in plain language, treats every client with respect, and works toward a realistic outcome for your record, your job, and your future. Future First Criminal Law has earned 200+ five-star Google reviews. Call for a free consultation.

First Admitted: 2017, Arizona

Professional Webpage: https://futurefirst.law/zach-divelbiss-az/

Videos

  • DUI vs. DWI - Do You Know the Difference? | Phoenix DUI Lawyer, 2026
  • 🎙️ New Podcast Episode: The Most Common Criminal Charge Mistakes 🎙️ What are the biggest mistakes people make after getting charged with a crime in Arizona? In this episode of The Dana Hogle Show, we break down the missteps we see every day — and how to avoid them. Whether it’s waiting too long to act, misunderstanding your rights, or underestimating the long-term impact of a charge — one wrong move can change everything. ⚖️ At Future First Criminal Law, we don’t just know the law — we’ve lived it. I went from facing charges myself to becoming a defense attorney. That experience drives everything we do. If you or someone you care about is facing a criminal charge in Arizona, you don’t have to go through it alone. Watch the full video now and learn how to protect your future., The Most Common Criminal Charge Mistakes, 2025
  • This client walked in with an extreme DUI, 30 days of jail, a full year of interlock, and over 3,500 dollars in fines. By the end of last-minute prosecutor negotiations, jail dropped to 1 day, the year of interlock was completely removed, and the fines came down to 2,500 dollars. No courtroom appearance needed. Facing charges in Arizona? Free consultation: 602-932-7890 | https://futurefirst.law Attorney Zachary Divelbiss, founder of Future First Criminal Law in Phoenix, Arizona, walks through a real reduction from extreme DUI down to a regular DUI for an Arizona client. You will see the full before-and-after on the firm checklist: jail days cut, interlock requirement removed, fines reduced, screening already done. The MVD penalties are still separate, but the criminal side became dramatically lighter through hard negotiation alone. FREQUENTLY ASKED QUESTIONS Can an extreme DUI in Arizona be reduced to a regular DUI? Yes, in the right cases. Arizona prosecutors will sometimes amend an extreme DUI down to a misdemeanor regular DUI when there are issues with the stop, the breath sample, the timing, or the chain of custody. Strong negotiation by an experienced Phoenix DUI lawyer is the key to that reduction. What is the difference between criminal court interlock and MVD interlock in Arizona? The criminal court can order an ignition interlock device as part of sentencing, and MVD imposes its own separate interlock requirement through the license side. Even if the court removes the interlock, MVD may still require one. Both have to be handled separately. How much can a DUI cost in Maricopa County? A typical regular DUI in Maricopa County runs roughly 2,500 to 4,000 dollars in fines and fees alone. Extreme DUIs run higher. Add in interlock, screening, and increased insurance and the real cost climbs quickly. Good negotiation can knock a real dent in those numbers. Do I have to go to court for every Arizona DUI? Not always. Many Arizona DUIs are resolved through prosecutor negotiations and pretrial conferences without a trial. Some clients sign their final paperwork without ever stepping foot in front of a judge. TIMESTAMPS 0:00 - Negotiating before court 0:10 - Extreme DUI reduced to regular DUI 0:20 - Jail time cut from 30 to 1 day 0:30 - Interlock requirement removed 0:40 - Fines dropped from 3,500 to 2,500 0:55 - Client reaction and thank you About Future First Criminal Law Phoenix criminal defense and DUI law firm led by Zachary Divelbiss. Serving Phoenix, Scottsdale, Mesa, Tempe, Chandler, Gilbert, and all Maricopa County courts. 229 Google reviews at 5.0 stars | Law Firm 500 (#112, 2022-2024) Free consultation: 602-932-7890 | https://futurefirst.law Record sealing: https://azcriminalrecordlawfirm.com , Extreme DUI Reduced and Interlock Removed: Real Arizona DUI Win, 2025
  • A set-aside is one of the best short-term options if you have completed your punishment but are not yet eligible for sealing records in Arizona. The waiting period for sealing can be 2, 3, 5, or even 10 years, but a set-aside can be filed much sooner and restores key rights. Facing charges in Arizona? Free consultation: 602-932-7890 | https://futurefirst.law Attorney Zachary Divelbiss, founder of Future First Criminal Law in Phoenix, Arizona, breaks down why every client should pursue a set-aside even before they are eligible to seal their record. A set-aside removes the conviction, restores gun rights, helps with job applications and promotions, and makes the eventual sealing process far stronger. Watch to learn the real-world benefits of stacking both forms of post-conviction relief. FREQUENTLY ASKED QUESTIONS What is a set-aside in Arizona? A set-aside under Arizona law removes the conviction from your record and dismisses the finding of guilt. The case is still visible online, but the conviction itself is essentially treated as dismissed for most purposes, including employment background checks in Maricopa County. How long do I have to wait to seal records in Arizona? Under Arizona Revised Statutes 13-911, the waiting period to seal records depends on the class of offense and ranges from 2 years for many misdemeanors up to 10 years for serious felonies. The clock generally starts after completion of sentence and probation. Does a set-aside restore gun rights in Arizona? Yes. A properly granted set-aside in Arizona restores firearm rights for most non-dangerous, non-serious offenses. This is one of the biggest practical benefits for Phoenix clients who want to legally own a firearm again. Should I do a set-aside even if I am eligible to seal records? Yes, almost always. Doing both creates a much stronger position. A judge who has already approved your set-aside is far less likely to deny your sealing petition later, which strengthens your case for clean background check results. TIMESTAMPS 0:00 - Set-aside as a short-term option 0:10 - Sealing records waiting periods in Arizona 0:20 - Why the set-aside matters 0:30 - Gun rights restored 0:40 - Help with jobs and promotions 0:50 - Why both together is the goal About Future First Criminal Law Phoenix criminal defense and DUI law firm led by Zachary Divelbiss. Serving Phoenix, Scottsdale, Mesa, Tempe, Chandler, Gilbert, and all Maricopa County courts. 229 Google reviews at 5.0 stars | Law Firm 500 (#112, 2022-2024) Free consultation: 602-932-7890 | https://futurefirst.law Record sealing: https://azcriminalrecordlawfirm.com, Set Aside vs Sealing Records in Arizona: Why You Need Both | Phoenix Lawyer, 2025
  • You got pulled over, police never gave you a ticket — so you assumed the case went away. It didn't. You may be in pre-file, and the evidence is being built against you right now. Here's what that means and what you need to do before it's too late. Facing charges in Arizona? Free consultation: 602-932-7890 | https://futurefirst.law Attorney Zachary Divelbiss, founder of Future First Criminal Law, explains why the pre-file stage is the most dangerous and most overlooked phase of any DUI case. If police called you, left a business card, or emailed you after a stop — without handing you a citation — the investigation is still open. Reports are being written. Evidence is being gathered. Thousands of people across Arizona have learned the hard way that silence from the prosecutor's office does not mean the case was dropped; it means they were waiting. Hiring a DUI defense attorney during the pre-file window is the biggest legal advantage you can give yourself. Your retainer fees apply directly to your full case if charges are filed. And if they're not? The arrest record still exists and needs to be removed before it affects your job, housing, or finances. -- FREQUENTLY ASKED QUESTIONS -- Q: If I was never given a ticket after a DUI stop, does that mean I'm in the clear? A: Not necessarily. When police do not issue a citation at the scene, it often means the investigation is ongoing and they are still gathering evidence before submitting to a prosecutor. This is called the pre-file stage. Q: How long does the pre-file stage of a DUI case last? A: It varies, but in Arizona it can last anywhere from a few weeks to several months. Court backlogs that worsened after COVID mean formal charges sometimes arrive 60 to 90 days or more after the initial traffic stop. Q: What is the advantage of hiring a DUI lawyer before charges are filed? A: Your attorney can contact investigators, request discovery early, preserve time-sensitive evidence, and in some cases influence the charging decision. Signing on with a Phoenix DUI firm during pre-file is the most cost-effective and strategically powerful move you can make. Q: Will pre-filing fees I pay just disappear if I'm never charged? A: No. At Future First Criminal Law, all fees paid during the pre-file stage are credited toward your full case representation if charges are later filed. You are not starting over. Q: Can an arrest or investigation show up on my background check even without a conviction? A: Yes. Arrest records and investigation records are visible to employers, landlords, and lenders even when no charges were filed. Record removal is a separate and necessary step that Future First Criminal Law handles. -- TIMESTAMPS -- 0:00 No ticket after the stop — what that really means 0:15 Pre-file defined: investigation is still open 0:22 No court date yet, or a canceled one 0:28 Thousands affected in Arizona since COVID 0:33 Thinking the case went away is the biggest mistake 0:40 Call today — hiring early is a major advantage 0:49 Pre-file fees apply to your full case 0:52 Even uncharged cases leave a record that must be cleared -- ABOUT FUTURE FIRST CRIMINAL LAW -- Phoenix criminal defense and DUI law firm led by Zachary Divelbiss. Serving Phoenix, Scottsdale, Mesa, Tempe, Chandler, Gilbert, and all Maricopa County courts. 229 Google reviews at 5.0 stars | Law Firm 500 (#112, 2022-2024) Free consultation: 602-932-7890 | https://futurefirst.law Record sealing: https://azcriminalrecordlawfirm.com , The Scariest Stage of a DUI Case Nobody Warns You About | Phoenix DUI Lawyer, 2025
  • Expunge Your Marijuana Arrest and Record in Arizona | Record Sealing, 2026
  • Arizona Set Aside Explained: Clear Your Criminal Record | Record Sealing, 2026

Representative Clients

  • Arizona Summit Law School
  • Cum Laude | Castro and Merit Scholarship

Educational Background

  • Arizona Summit Law School, J.D. (2016) | Legal Studies Honors: Donald E. Lively Mission Pillar Award Cum Laude Castro and Merit Scholarship Dean's Award 2014-2016 Top 10% Graduation Activities: Law Review Moot Court, 2014-2016
  • Arizona State University, B.S. (2014) | Justice Studies Honors: Cum Laude Provost Scholarship, 2010-2014

Firm News (Newsletters)

  • The article explains what a preliminary hearing in Arizona is and how it fits into the felony criminal process. It describes the hearing as an early court proceeding where a judge decides whether there is probable cause to believe a crime occurred and the accused person committed it. During the hearing, the prosecution presents basic evidence or testimony, while the defense has the opportunity to question witnesses and challenge the case before it moves forward. The article also discusses the possible outcomes of a preliminary hearing and why it matters for a criminal case. If the judge determines there is not enough evidence, the charges can be dismissed. If the judge finds probable cause, the case continues through the criminal process, which may include plea negotiations or eventually a trial. The hearing therefore serves as an early checkpoint that tests whether the prosecution’s case has enough evidence to proceed., Preliminary Hearings - 6 Steps Explained
  • The article explains key facts about plea bargains in Arizona and how they work within the criminal justice process. It describes a plea bargain as an agreement between the prosecutor and the defendant where the defendant agrees to plead guilty or no contest in exchange for reduced charges, fewer counts, or a lighter sentence. This type of agreement allows a case to be resolved without going to trial and must be approved by a judge. The article also discusses how plea negotiations typically happen during a criminal case and the factors defendants should consider before accepting an offer. Lawyers usually review the prosecution’s evidence during the discovery stage and then negotiate with the prosecutor based on the strength of the case and potential sentencing exposure. The article emphasizes that most criminal cases are resolved through plea bargains rather than trials, but accepting a deal still results in a conviction and should be carefully evaluated with legal counsel., 9 Plea Bargain Facts
  • The article explains the consequences of pleading guilty to a criminal charge in Arizona and why defendants should understand the long-term effects before accepting a plea agreement. It describes how a guilty plea is legally the same as a conviction, meaning the person gives up the right to a trial and accepts the penalties imposed by the court. These penalties can include jail time, probation, fines, and other court-ordered requirements depending on the offense. The article also discusses the collateral consequences of a guilty plea beyond the immediate sentence. A conviction can affect employment opportunities, housing, professional licensing, and other aspects of a person’s future. Because of these lasting effects, the article emphasizes the importance of carefully evaluating any plea deal and seeking legal advice before agreeing to plead guilty., 7 Consequences of a Guilty Plea in Arizona
  • The article explains when police are allowed to enter or access private property in Arizona and the legal limits on law enforcement authority. It discusses the general rule that police usually need a search warrant or consent from the property owner to enter a home or private property. Without permission or a warrant, officers typically cannot legally search the property unless specific legal exceptions apply. The article also describes common exceptions that allow police to enter without a warrant, such as emergencies, hot pursuit of a suspect, or situations where evidence is visible in “plain view.” It explains how these exceptions work and why understanding your rights during encounters with law enforcement is important when officers attempt to access your property., Police Access: Can Law Enforcement Enter My Property in Arizona?
  • The article describes the role of Phoenix criminal defense lawyers and how legal representation helps people facing criminal charges protect their rights and their future. It explains that Arizona criminal law is complex and requires a lawyer who understands not only the statutes but also court procedures, judges, and possible mistakes made by the prosecution that may affect a case. The page emphasizes the importance of building a strong defense and ensuring each client receives focused legal attention during the criminal process. It also discusses why hiring a private criminal defense lawyer can make a difference compared with relying solely on public defenders, who often handle extremely large caseloads. The article explains that a defense lawyer evaluates the facts, investigates evidence, advises clients on legal options, negotiates with prosecutors, and represents the accused in court. Overall, the page presents criminal defense as a critical step for anyone charged with a crime who wants to protect their rights and pursue the best possible outcome., Phoenix Criminal Defense Lawyers
  • The article explains the right to a speedy trial in Arizona, which comes from the Sixth Amendment and Arizona criminal procedure rules. It describes this right as a protection for people accused of crimes so their case cannot be delayed indefinitely. Arizona law sets specific time limits for when a criminal trial must begin after formal charges are filed, ensuring the court process moves forward within a defined timeframe. The article also explains how these time limits work in practice and why they matter. Courts, prosecutors, and defense attorneys must follow strict deadlines, although extensions may occur if both sides request more time or if the judge approves a continuance. The concept ensures the justice system does not delay cases unfairly while still allowing enough time for both sides to prepare their arguments and evidence., Your Right To A Speedy Trial
  • The article explains how people with an Arizona criminal record may seal it under A.R.S. § 13-911, a law that allows eligible individuals to restrict public access to their criminal history. When a record is sealed, most employers, landlords, and background check companies cannot see it, which helps people pursue jobs, housing, and other opportunities without the stigma of a past case., Rewrite Your Story: Seal Your Record

Honors

  • Dean’s Award - Top 10%, Arizona Summit Law School, 2014
  • Cum Laude Honors, Arizona Summit Law School, 2016
  • Donald E. Lively Mission Pillar Award, Arizona Summit Law School, 2016

Office location for Zachary Divelbiss

2999 N 44th St
Suite 307
Phoenix, AZ 85018

Selections

4 Years Rising Stars
  • Rising Stars: 2023 - 2026

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