Charges & Penalties

Charges for DUI & Extreme DUI in Chandler, Scottsdale, Tempe & Phoenix

 

CHARGES

 

In Arizona there are a number of ways to be charged with DUI.

 

Driving under the influence. This is commonly called drunk or impaired driving. Basically, it means that your driving was effected by alcohol, drugs – both illegal and prescription, or toxic vapors. A person’s driving can be impaired even at levels below the statutory limit of .08%.

 

Driving with an illegal alcohol concentration. In Arizona it is illegal to operate a motor vehicle if your alcohol concentration is .08% or higher within 2 hours of driving. In addition, you will be charged with Extreme DUI if your alcohol concentration is between .15% and .199%, and Super Extreme DUI if the alcohol concentration is .20% or above. The extreme DUI’s carry enhanced sentencing penalties.

 

Driving with drugs in your system. If you are driving a motor vehicle with illegal drugs in your system, or prescription drugs without a valid prescription, you can be charged with DUI. In this type of DUI the State does not have to prove that you were impaired by the drugs, just that the drug or its metabolite was in your system. Illegal drugs are the types of drugs listed in Title 13, Chapter 34 of the criminal code.

 

Aggravated DUI. This is the most serious type of DUI. A DUI becomes aggravated if a person commits a DUI: (1) while their license is suspended, canceled, revoked, refused, or while there is a restriction on their license for a violation of the DUI laws; (2) if it is a third DUI within 7 years; (3) while there is a passenger under the age of 15 in the vehicle; or (4) while they have been ordered by the courts to equip any motor vehicle with a certified ignition interlock device. All Aggravaged DUI’s are felonies, and most carry a requirement for time in the Department of Corrections.

 

PENALTIES

 

Arizona has some of the toughest DUI laws in the country. A DUI conviction in Arizona, aside from the mandatory statutory penalties, can negatively impact a person’s employment, education, insurance, and life. It is important that you consult with an experienced Certified Criminal Law Specialist as soon as possible after being arrested for DUI to try to alleviate these harsh penalties.

 

ARS § 28-1381: Driving under the influence or with an alcohol concentration above .08%

 

Penalty for a first time conviction:

 

  1. 10 days jail with 9 days suspended upon the completion of alcohol screening and treatment. Jail fees will be assessed.
  2. Alcohol screening and follow-up treatment.
  3. $250 fine plus surcharges, this is usually about $500.
  4. Mandatory assessments of $500 to DOC for prison construction and $500 to DPS for public safety equipment.
  5. MVD will require the installation of an Ignition Interlock Device for 12 months pursuant to ARS § 28-3319.
  6. 8 points will be assessed to your MVD record. 8 points can result in a further suspension of your driving privilege. The suspension can sometimes be avoided by attending Traffic Survival School.

 

Penalty for a second conviction within 7 years

 

  1. 90 days jail with 60 suspended upon the completion of alcohol screening and treatment. Jail fees will be assessed.
  2. Alcohol screening and follow-up treatment.
  3. $500 fine plus surcharges, this is usually just under $1,000.
  4. At least 30 hours of community service.
  5. The mandatory assessments increase to $1250 for DOC and $1250 to DPS.
  6. MVD will require the installation of an Ignition Interlock Device for 12 months pursuant to ARS § 28-3319.
  7. MVD will revoke your driving privilege for one year.
  8. 8 points will be assessed to your MVD record. This could result in a further suspension of your driving privilege. This suspension may be avoided by attending Traffic Survival School.

 

ARS § 28-1382: Driving under the Extreme Influence

 

Penalty for a first time conviction of Extreme DUI .15% to .199%

 

  1. 30 days jail. Some of that time can be suspended if certain requirements are met. Jail fees will be assessed.
  2. Alcohol screening and follow-up treatment.
  3. $250 fine plus surcharges, this is usually about $500.
  4. Mandatory assessments of $1000 to DOC and $1000 to DPS.
  5. Mandatory assessment of $250 to the DUI Abatement Fund.
  6. MVD will require the installation of an Ignition Interlock Device for 12 months pursuant to ARS § 28-3319.
  7. 8 points will be assessed to your MVD record. This could result in a further suspension of your driving privilege. This suspension may be avoided by attending Traffic Survival School.

 

Penalty for a second conviction of Extreme DUI .15% to .199% within 7 years

 

  1. 120 days jail. Jail fees will be assessed.
  2. Alcohol screening and follow-up treatment.
  3. $500 fine plus surcharges, this is usually about $1000.
  4. Mandatory assessments of $1250 to DOC and $1250 to DPS.
  5. Mandatory assessment of $250 to the DUI Abatement Fund.
  6. MVD will require the installation of an Ignition Interlock Device for 12 months pursuant to ARS § 28-3319.
  7. MVD will revoke your driving privilege for one year.
  8. 8 points will be assessed to your MVD record. This could result in a further suspension of your driving privilege. This suspension may be avoided by attending Traffic Survival School.

 

Penalty for a first time conviction of Extreme DUI .20% or above.

 

  1. 45 days jail. Some of that time can be suspended if certain requirements are met. Jail fees will be assessed.
  2. Alcohol screening and follow-up treatment.
  3. $500 fine plus surcharges, this is usually about $1000.
  4. Mandatory assessments of $1000 to DOC and $1000 to DPS.
  5. Mandatory assessment of $250 to the DUI Abatement Fund.
  6. MVD will require the installation of an Ignition Interlock Device for 18 months pursuant to ARS § 28-3319.
  7. 8 points will be assessed to your MVD record. This could result in a further suspension of your driving privilege. This suspension may be avoided by attending Traffic Survival School.

 

Penalty for a second conviction of Super Extreme DUI .20% or above within 7 years.

 

  1. 180 days jail. Jail fees will be assessed.
  2. Alcohol screening and follow-up treatment.
  3. $1000 fine plus surcharges, this is usually about $1800.
  4. Mandatory assessments of $1250 to DOC and $1250 to DPS.
  5. Mandatory assessment of $250 to the DUI Abatement Fund.
  6. MVD will require the installation of an Ignition Interlock Device for 24 months pursuant to ARS § 28-3319.
  7. MVD will revoke your driving privilege for one year.
  8. 8 points will be assessed to your MVD record. This could result in a further suspension of your driving privilege. This suspension may be avoided by attending Traffic Survival School.

 

ARS § 28-1383: Aggravated DUI

 

Aggravated DUI is classified as either a Class 4 or Class 6 Felony.

 

Penalties for an Aggravated DUI as a Class 4 felony with suspended/revoked license, or third DUI within 7 years:

 

  1. A conviction for Aggravated DUI as a Class 4 felony could result in a sentence in the Department of Corrections for a minimum of 1.0 year to a maximum of 3.75 years. Even if the Court sentenced someone to probation, they would be required to serve 4 months in DOC.
  2. Alcohol screening and follow-up treatment.
  3. $750 fine plus surcharges, this is usually about $1400.
  4. Mandatory assessments of $1500 to DOC and $1500 to DPS.
  5. Mandatory assessment of $250 to the DUI Abatement Fund.
  6. MVD will require the installation of an Ignition Interlock Device for 24 months pursuant to ARS § 28-3319.
  7. MVD will revoke your driving privilege.

 

Penalties for a Class 6 felony, passenger under 15 years of age:

 

  1. A conviction for a Class 6 felony could result in a sentence in the Department of Corrections with a minimum sentence of 4 months up to a maximum sentence of 2 years. Even if the Court sentenced someone to probation, there would be a requirement of at least 10 days in jail.
  2. Alcohol screening and follow-up treatment.
  3. $750 fine plus surcharges, this is usually about $1400.
  4. Mandatory assessments of $1500 to DOC and $1500 to DPS.
  5. Mandatory assessment of $250 to the DUI Abatement Fund.
  6. MVD will require the installation of an Ignition Interlock Device for 24 months pursuant to ARS § 28-3319.
  7. MVD will revoke your driving privilege.

 

If you are charged with any DUI or Aggravated DUI, contact Todd K. Coolidge, Certified Criminal Law Specialist, immediately to discuss your case and your rights. An immediate, thorough and aggressive investigation of your matter can potentially help to preserve or build evidence crucial to the defense of your DUI case.

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