DUI Arizona Laws - Penalties Guide

Arizona, like every other state, has DUI (driving under the influence) laws meant to reduce driving after a few glasses of alcohol. Arizona is known throughout the country to have very strict laws regarding DUIs, which is all the more reason to hire an aggressive DUI attorney to fight for you.
Being arrested for an offense DUI can be a very upsetting experience. It may be your first time ever being accused of a crime and you may not know what your rights are or where you should turn.

It is therefore important to know the basics of the Arizona DUI laws and penalties to ensure that you stay on the right side of the law. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances:

1. While under the influence of intoxicating liquor, any drug and vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree.

2. If the person has an alcohol concentration of 0.08 or more within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle.

3. While there is any drug or its metabolite in the person's body.

4. If the vehicle is a commercial motor vehicle that requires a person to obtain a commercial driver license and the person has an alcohol concentration of 0.04 or more.

DUI Sentencing

You've just been arrested for a DUI in Arizona, now you’ll be sentenced according to a classification of your crime. Aggravating factors may include the following:

• You have a blood alcohol concentration of 0.15 for up to two hours after the offense.
• You have 2 or more prior DUI convictions in Arizona or in another state within 7 years of the arrest.
• Your privileges to drive are revoked, suspended or restricted at the time you are charged with DUI in Arizona.
• You have a child under 15 years old in the vehicle.

First Impaired or Breath Alcohol Concentration above .080

1. 10 consecutive days in jail. The Court may suspend 9 of the 10 days if you agree to get an alcohol evaluation, and submit to treatment.

2. Fine and costs: $250.00 fine, plus a surcharge, plus an additional $500.00 assessment for DPS, and another $500.00 for the Arizona Prison Construction Fund.

3. Driver license: The MVD will suspend your drivers' license for 90 days.

4. Counseling: If recommended in your evaluation and you want the Judge to suspend all but one day in jail.

5. Probation: You may be placed on probation for up to five years.

Second Impaired or Breath Alcohol Concentration above .080

1. 90 days in jail. The Court may suspend 60 of the 90 days if you agree to get an alcohol evaluation, and submit to treatment.

2. Fine and costs: $500.00 fine, plus a surcharge, plus an additional $250.00 assessment to the Arizona DUI abatement fund, plus an additional $1250.00 assessment for arrests.

3. Driver License: Your drivers' license will be revoked for one year.

4. Counseling: If recommended in your evaluation and you want the Judge to suspend all but 30 days in jail.

5. Probation: You may be placed on probation for up to five years.

First Extreme DUI (Breath Alcohol Concentration above .150)

1. 30 consecutive days in jail. The Court may suspend 20 of the 30 days if you agree to get an alcohol evaluation, and submit to treatment.

2. Fine and costs: $250.00 fine, plus a surcharge, plus an additional $250.00 assessment to the Arizona DUI abatement fund, plus an additional $1000.00 assessment for DPS, and an additional prison construction fund fee of $1,000.00.

3. Driver License: The MVD will suspend your drivers' license for 90 days.

4. Counseling: If recommended in your evaluation and you want the Judge to suspend all but ten days in jail.

5. Probation: You may be placed on probation for up to five years.

Second Extreme DUI (Breath Alcohol Concentration above .150)

1. 120 days in jail of which 60 must be consecutive. The Court may suspend 60 of the 120 days if you agree to get an alcohol evaluation, and submit to treatment.

2. Fine and costs: $500.00 fine, plus a surcharge, plus an additional $250.00 assessment to the Arizona DUI abatement fund, plus an additional $1250.00 assessment for arrests.

3. Driver License: Your drivers' license will be revoked for one year.

4. Counseling: If recommended in your evaluation and you want the Judge to suspend 60 of the 120 days of jail.

5. Probation: You may be placed on probation for up to five years.

Felony DUI (3rd DUI w/i 5 Years, or DUI w/ License Suspended or Restricted)

The sentence guidelines below presuppose a completely clean felony record. Historical priors may significantly enhance any felony sentence. This is a class 4 felony and subject to the sentencing ranges based on historical priors as such. A DUI conviction under this section could carry over 10 years in prison.

1. 4 months in prison at a minimum before you are eligible for probation, pardon, commutation or suspension of the sentence, or release on any other basis.

2. Fine and costs: Up to $150,000.00 in fines, plus a surcharge, plus an additional $250.00 assessment to the Arizona DUI abatement fund, plus an additional $1,500.00 assessment for arrests.

3. Driver License: Your drivers' license will be revoked for three years.

4. Counseling: If probation is granted by the sentencing Court, you will be required to submit to treatment.

5. Probation: You may be placed on probation for up to five years.

6. Vehicle Forfeiture: If you were driving a vehicle you owned at the time of the DUI arrest that led to your conviction, the Court may take your vehicle as well.

Felony DUI (w/ a child under 15 years old in vehicle)

The sentence guidelines below presuppose a completely clean felony record. Historical priors may significantly enhance any felony sentence. This is a class 6 felony and subject to the sentencing ranges based on historical priors as such.

1. A person convicted under this section will have to serve at least the minimum sentences for the misdemeanor DUIs described above if the offense would have been a misdemeanor but for the presence of the minor child.

2. Fine and costs: Up to $150,000.00 in fines, plus a surcharge, plus an additional $250.00 assessment to the Arizona DUI abatement fund, plus an additional $500.00 assessment for arrests.

3. Driver License: Your drivers' license will be revoked for three years.

4. Probation: You may be placed on probation for up to five years.

5. Counseling: If probation is granted by the sentencing Court, you will be required to submit to treatment.

6. Vehicle Forfeiture: If you were driving a vehicle you owned at the time of the DUI arrest that led to your conviction, the Court may take your vehicle as well.

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