Penalties for a DUI or Extreme DUI First Offense in Arizona

dui arizona first offense

2021-11-04

Penalties for a DUI or Extreme DUI First Offense in Arizona

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Arizona has some of the most severe DUI laws in the country. A first-time DUI offense in Arizona is a Class 1 misdemeanor, and can put you behind bars for up to 4 months. For repeat offenders, jail time can increase to multiple years, especially if your blood alcohol concentration (BAC) is 0.15% or higher.

What Qualifies as a DUI in Arizona?

According to ARS 28-1381, you can be charged with a DUI if you are impaired to the slightest degree by drugs or alcohol while driving or in physical control of your vehicle. If tests show that you have a blood alcohol concentration of 0.08% or more (0.04 in a commercial vehicle) within two hours of driving, you will be charged with a regular DUI.

If you have a BAC ranging from 0.15% to 0.199% within two hours of driving a motor vehicle, you can be charged with an extreme DUI (ARS 28-1382(A)(1)). Penalties are even harsher if you are convicted of a super-extreme DUI, when your BAC is higher than 0.20%.

Penalties for a First-Time DUI Offense in Arizona

  • 10-day jail sentence
  • Fines and assessments of at least $1,250
  • A 90-day driver’s license suspension
  • An ignition interlock device (IID), or in-car breathalyzer, for 1 year
  • Drug and alcohol screening, education, or treatment
  • 8 points on your driving record
  • Traffic survival school course
  • Possible community service

Penalties for a First-Time Extreme DUI Offense in Arizona

  • Mandatory minimum jail sentence of 30 consecutive days
  • Fines and assessments of at least $2,500
  • Minimum driver’s license suspension of 90 days
  • An ignition interlock device (IID), or in-car breathalyzer, for 1 year
  • Drug and alcohol screening, education, or treatment
  • 8 points on your driving record 
  • Traffic Survival School
  • Probation of up to 5 years

If convicted of a second-offense extreme DUI, you will be sentenced to a minimum of 120 days in jail and around $3,700 in fines and assessments. You will also be required to complete 30 hours of community service and an alcohol assessment, along with any recommended classes. In addition, your driver’s license will be revoked for 12 months and a mandatory ignition interlock device will be installed in your car for 18 months.

Will a DUI Appear on My Background Check?

A DUI conviction will appear on your permanent record and in your background checks. Arizona does not have a true expungement law, however, after you have completed your sentence and other post-conviction requirements, you may apply to have your record of conviction set aside and your civil rights restored. The DUI conviction will still appear on your record, but it will be marked as complete.

Have you been charged with a DUI in Chandler, Phoenix, or Scottsdale? Certified Criminal Law Specialist Todd Coolidge can help you fight your charges and avoid a criminal record as well as an inconvenient year of driving with an ignition interlock device installed in your car. If you’ve been charged with a DUI Arizona first offense, call 480-264-5111 to contact Coolidge Law today.

 

Photo by why kei on Unsplash (11/4/2021)

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