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ARIZONA STATE LAWS

Driving under the influence of any drug or alcohol is a very serious crime in Arizona.  The state of Arizona defines driving under the influence, or DUI, as driving or operating a vehicle while mentally or physically impaired by any drug, alcohol or vapor releasing substance.

This includes driving a vehicle with a blood alcohol concentration, or BAC, of 0.08% for a personal vehicle and 0.04% for vehicles requiring a commercial driver license.  This can also include driving while inhibited by medications, even if it has been prescribed by your doctor.

There are several classifications of DUI’s in Arizona.  Depending on the facts of the case, the case may be brought forward as a felony or as a misdemeanor.  Below is a brief outline of the various DUI and related vehicular charges in AZ.

Arizona DUI Penalties 

In Arizona, the penalties for a DUI conviction depend on the type of DUI that was charged, and on the Defendant's criminal record. A previous DUI counts as a prior for the purposes of Sentencing if it occurred within 7 years (84 months) of the current arrest.

NOTE: The sentence guidelines below are for people with a completely clean felony record. Historical priors may significantly enhance any felony sentence.

  

First Offense

Impaired to the Slightest Degree or BAC above .080

  • Jail – Range of 10 to 180 days in jail. Minimum of 10 consecutive days in jail. The court may suspend 9 of the 10 days if you agree to get an alcohol/drug evaluation, and submit to treatment.
  • Fines & Costs – Approximately $1,800.00, plus jail costs. The more jail time that is imposed, the greater the cost.
  • License – Usually with in 15days of charges being placed the MVD will place an (Administrative Per Se Suspension) on your drivers' license for 90 days . You may be eligible for a work/school permit after the first 30 days of the suspension.
  • Counseling – You must get a substance abuse evaluation and comply with any recommendation or you’ll be subject to additional jail time.
  • Probation – You may be placed on probation for up to five years.
  • Community Service – The court may order you to perform community service in addition to any other penalties imposed.
  • MADD Victims' Impact Panel – The court may order you to attend one or more sessions of the Mothers Against Drunk Driving Victims Impact Panels.
  • Ignition Interlock Device – Required for 12 consecutive months.

Second Offense

Impaired to the Slightest Degree or BAC above .080

  • Jail – Range of 90 to 180 days in jail. Minimum of 90 consecutive days in jail. The court may suspend 60 of the 90 days in jail if you successfully complete all recommended treatments and counseling.
  • Fines & Costs – Approximately $3,500.00 in fines and costs, plus jail costs. The more jail time imposed the greater the additional costs. NOTE: Jail costs can amount to thousands of dollars in addition to the fines and costs.
  • License – Your drivers' license will be revoked for one year. Reinstatement of license is not automatic. You are not eligible for a work permit during the period of revocation, and must file a Revocation Packet with MVD to request for your driver privileges back.
  • Counseling – You must get a substance abuse evaluation and comply with any recommendation or you’ll be subject to additional jail time.
  • Probation – You may be placed on probation for up to five years.
  • Community Service – The court must impose a minimum of 30 hours of community service in addition to any other fine imposed.
  • MADD Victims' Impact Panel – The court may order you to attend one or more sessions of the Mothers Against Drunk Driving Victims Impact Panels.
  • Ignition Interlock Device – Required for 12 months after license reinstatement is granted.

First Offense Extreme DUI

BAC .150 - .199

  • Jail – Range of 30 to 180 days in jail. Minimum of 30 consecutive days in jail. The Court may suspend 20 of the 30 days if you successfully complete all recommended counseling and education.
  • Fines & Costs – Approximately $3,000.00 in fines and costs, plus jail costs. The more jail time imposed the greater the additional costs. NOTE: Jail costs can amount to thousands of dollars in addition to the fines and costs.
  • License – Usually with in 15days of charges being placed the MVD will place an (Administrative Per Se Suspension) on your drivers' license for 90 days . You may be eligible for a work/school permit after the first 30 days of the suspension.
  • Counseling – You must get a substance abuse evaluation and comply with any recommendation or you’ll be subject to additional jail time.
  • Probation – You may be placed on probation for up to five years.
  • Community Service – The court may impose community service.
  • MADD Victims' Impact Panel – The court may order you to attend one or more sessions of the Mothers Against Drunk Driving Victims Impact Panel.
  • Ignition Interlock Device – Required for 12 consecutive months.

Second Offense Extreme DUI

BAC .150 - .199

  • Jail – Range of 120 to 180 days in jail. Minimum of 120 consecutive days in jail. The court may suspend 60 of the 120 days in jail if you successfully complete all recommended treatments and counseling.

  • Fines & Costs – Approximately $3,750.00 in fines and costs, plus jail costs. The more jail time imposed the greater the additional costs. NOTE: Jail costs can amount to thousands of dollars in addition to the fines and costs.

  • License – Your drivers' license will be revoked for one year. Reinstatement of license is not automatic. You are not eligible for a work permit during the period of revocation, and must file a Revocation Packet with MVD to request for your driver privileges back.

  • Counseling – You must get a substance abuse evaluation and comply with any recommendation or you’ll be subject to additional jail time.

  • Probation – You may be placed on probation for up to five years.

  • Community Service – The court must impose a minimum of 30 hours of community service in addition to any other fine imposed.

  • MADD Victims' Impact Panel – The court may order you to attend one or more sessions of the Mothers Against Drunk Driving Victims Impact Panels.

  • Ignition Interlock Device – Required for 12 months after license reinstatement is granted.

First Offense "Super Extreme" DUI

BAC .200 or higher

  • Jail – Range of 45 to 180 days in jail. Minimum of 45 consecutive days in jail. The court is not allowed to suspend ANY of the minimum 45 consecutive days in jail.
  • Fines & Costs – Approximately $3,250.00 in fines and costs, plus jail costs. The more jail time imposed the greater the additional costs. NOTE: Jail costs can amount to thousands of dollars in addition to the fines and costs.
  • License – Usually with in 15days of charges being placed the MVD will place an (Administrative Per Se Suspension) on your drivers' license for 90 days . You may be eligible for a work/school permit after the first 30 days of the suspension.
  • Counseling – You must get a substance abuse evaluation and comply with any recommendation or you’ll be subject to additional jail time.
  • Probation – You may be placed on probation for up to five years.
  • Community Service – The court may impose community service.
  • MADD Victims' Impact Panel – The court may order you to attend one or more sessions of the Mothers Against Drunk Driving Victims Impact Panel.
  • Ignition Interlock Device – Required for 18 consecutive months.

Second Offense "Super Extreme "Extreme DUI

BAC .200 or higher

  • Jail – 180 days flat sentence mandatory (no sentence range). That means that if convicted of this offense, the Judge has no choice but to sentence you to 180 days in jail. Of the 180 day sentence, 90 days must be served consecutively, presumably leaving another 90 days to be served on a non-consecutive basis.
  • Fines & Costs – Approximately $4,000.00 in fines and costs, plus jail costs. The more jail time imposed the greater the additional costs. NOTE: Jail costs can amount to thousands of dollars in addition to the fines and costs.
  • License – Your drivers' license will be revoked for one year. Reinstatement of license is not automatic. You are not eligible for a work permit during the period of revocation, and must file a Revocation Packet with MVD to request for your driver privileges back.
  • Counseling – You must get a substance abuse evaluation and comply with any recommendation or you’ll be subject to additional jail time.
  • Probation – You may be placed on probation for up to five years.
  • Community Service – The court must impose a minimum of 30 hours of community service in addition to any other fine imposed.
  • MADD Victims' Impact Panel – The court may order you to attend one or more sessions of the Mothers Against Drunk Driving Victims Impact Panels.
  • Ignition Interlock Device – Required for 24 months after license reinstatement is granted.

 

Class 4 Felony Aggravated DUI, 3rd DUI with in 7 Years, or DUI with License Suspended or Restricted

  • Jail – 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. 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.
  • Fines & Costs – Up to $150,000.00 in fines and that is no joke, plus a surcharge, plus an additional $250.00 assessment to the Arizona DUI abatement fund. (Plus an additional $1,500.00 assessment for arrests after March 13, 2004).
  • License – Your drivers' license will be revoked for three years. Reinstatement of license is not automatic. You are not eligible for a work permit during the period of revocation, and must file a Revocation Packet with MVD to request for your driver privileges back.
  • Counseling – You must get a substance abuse evaluation and comply with any recommendation or you’ll be subject to additional jail time.
  • Probation – You may be placed on probation for up to five years.
  • Ignition Interlock Device – Required for 24 consecutive months.

Class 6 Felony Aggravated DUI

DUI with a child under 15 years old in vehicle

  • Jail – Range of 45 to 180 days in jail. Minimum of 45 consecutive days in jail. The court is not allowed to suspend ANY of the minimum 45 consecutive days in jail.
  • Fines & Costs – Up to $150,000.00 in fines and that is no joke, plus a surcharge, plus an additional $250.00 assessment to the Arizona DUI abatement fund. (Plus an additional $1,500.00 assessment for arrests after March 13, 2004).
  • License – Your drivers' license will be revoked for three years. Reinstatement of license is not automatic. You are not eligible for a work permit during the period of revocation, and must file a Revocation Packet with MVD to request for your driver privileges back.
  • Counseling – You must get a substance abuse evaluation and comply with any recommendation or you’ll be subject to additional jail time.
  • Probation – You may be placed on probation for up to five years.
  • Ignition Interlock Device – Required for 24 consecutive months.

 

* The penalties outlined above are effective as of 9/19/2007. In December we will update with the New AZ DUI penalties that will go into affect 12/31/2008.

 

For further information on Arizona Laws click the link below

http://www.azleg.state.az.us/ArizonaRevisedStatutes.asp?Title=28

 

 
 
 
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All Rights Reserved. This Ignition Interlock Device in no way stops your vehicle once it is started.