There is no doubt that Arizona has some of the toughest DUI Laws in the nation. Yet, most do not understand what the laws are and what they should do if they get stopped for a DUI. First, the legal limit in Arizona is .08%, meaning a blood alcohol concentration higher than 8%. If you are in a commercial vehicle (truck or bus) the legal limit is .04%. If you find yourself out in Phoenix Arizona (AZ) and you are stopped by the police for suspicion of drunk driving, it is important to remember that you have a valuable resource for DUI laws and DUI Arizona Lawyers in Phoenix.
So what is the penalty for first time offenses for a DUI in Arizona, you will serve at least 10 days in jail and pay at least $250 in fines. You’ll also have to attend an education class and possibly complete hours of community service. Penalties can and will increase with the severity of the DUI. Without the help of a DUI Lawyer, you could face the possibility of another conviction which will result in at least 90 days of jail time, at least $500 in fines, and you’ll lose your license for a whole year. In addition, you will also face community service, educational courses, and an ignition interlock device. For any DUI over .15% you will face the extreme penalties.
Consequences of the DUI in Arizona
There are many types of DUis in Arizona. From the Regular DUI which is .08%, to the Extreme DUI which is .15% to the Super Extreme DUI which is .20%. Even more disconcerting, if you receive a second DUI in Phoenix or any other City in Arizona, within 7 years of the date of your prior DUI you will face harsh jail sentences. In addition, the following are considered to be Felony DUI in Arizona.
- Child in the Car (Class 6 Felony) (Same as Misdemeanor DUIs)
- 3rd DUI in 7 Years (Class 4 Felony) (At least 4 months DOC)
- DUI on Suspended/Restricted License (At least 4 months DOC)
3 types of Aggravated DUI
Class 4 Felony Aggravated DUI
There are actually three different types of aggravated DUIs. The first type is an aggravated DUI for having either a cancelled, revoked or suspended drivers license. If you have been charged with an aggravated DUI for one of these reasons, then you are typically charged with a class 4 aggravated DUI felony. The max that a person could receive if they’ve been charged with a class 4 felony is two years in prison. However the absolute minimum that you can receive for this type of offense is four months of the Department of Corrections along with a large fine and up to 10 years of probation if you have been charged with a class for aggravated felony for DUI please feel free to call me I offer free consultations.
Aggravated DUI with Multiple DUIs
The 2nd type of felony DUI involves having 2 prior duis within eighty four months and then getting a third one within that same time period. It doesn’t matter whether or not it’s out of state. You can still be charged with a felony DUI for having 3 within 84 months. Now if you have been charged with a felony aggravated DUI for having three within eighty four months you are facing a class 4 felony. This means that you face 4 months of the Department of Corrections along with a number of fines and probation.
Aggravated DUI for Child in the car
If you’ve been charged with an aggravated DUI for having a child in the car under the age of 15 then you can be charged with a class 6 felony in the state of Arizona. If you have received this type of charge you are facing the amount of jail time typically that you would receive with a misdemeanor DUI. However, it is not always the case that you’re going to receive a misdemeanor DUI because it is charged as a class 6 felony. Also, you do face up to a year of having your license revoked in addition to 10 years of probation.
DUI FAQ for Arizona
DUI and Your Drivers license
What about Driver’s License points? So what happens when you get a DUI in Arizona to your drivers license? For your first offense your drivers license will be suspend for 90 days, with a second offense requiring a full year loss of your license. For any drug offense you will also lose your license for 1 year, and a felony will make you cough up your license for 3 years.
As far as points go, if you get 8-12 Points within your first year the MVD will requiring schooling or a 3 month suspension of your drivers license; 13-17 points will lead to a 3 Mo. Suspension of your license; 18-23 points will lead to a 6 Mo. Suspension; and more than 24 points in your first three years will result in a 1 year suspension of your license.
Ignition Interlock Device Requirements for a DUI in Arizona
The Motor Vehicle Division (MVD) in Arizona requires any DUI offenders to install an “ignition interlock device” on their vehicle. The ignition interlock is vehicle-specific, and is an alcohol breath test that immobilizes the vehicle until a measured breath sample determines that that driver has not been drinking.
So once you are convicted of a DUI how long will you have to have an ignition interlock device on your vehicle (as well as any vehicle you drive. It depends on the type of DUI you got, or whether you have had a DUI lawyer working hard for you. Normally the ignition interlock device must be in place anywhere from one to two years, where a super extreme DUI requires anywhere from 18 months to two years. If you have a work vehicle, however, there may be certain exceptions. However, you should consult with an experienced Phoenix DUI Lawyer before doing such.
DUIs are Worse for Minors
If you’re under 21, the penalties are even more severe. Arizona has adopted a Zero Tolerance stance with minors and drinking. If you’re found driving with any detectable amount of alcohol or drugs in your system, your license will automatically be suspended for up to two years. Plus, you’ll face additional penalties, including fines and possible jail time.
DUI Lawyer in Arizona
A DUI charge is often a turning point in an individual’s life. In addition to facing serious criminal charges, the individual may also be acknowledging for the very first time that he or she has a substance abuse problem.
Here’s something to keep in mind: these two circumstances should have no effect on one another. Even if you want to begin taking responsibility for your actions, a DUI charge is always something you need to fight. The consequences of conviction are too severe to do otherwise. In addition to fines, jail or prison time and the loss of your license, you are also facing non-legal consequences such as the loss of employment. If you are charged with a DUI in the state of Arizona, you need to engage the services of an experienced DUI Arizona Lawyer right away.
There are many legal grounds for challenging DUI charges and a qualified DUI Lawyer in Arizona can review them all with you to see which ones apply to your situation. For example: A police officer can’t pull a vehicle over unless he or she has good reason to do so. What were the circumstances under which you were stopped? The fact is many drivers are stopped for alleged traffic infractions at night that would hardly rate a second glance from an officer during daylight hours, because that officer is using the traffic stop as a pretext to see if you were drinking. If the police had no reason to make that traffic stop, then the traffic stop was illegal and any evidence collected after the stop is inadmissible in a DUI case.
Sobriety tests are another grey area. Many perfectly sober people have difficulties standing on one leg or following the movement of a pen in an officer’s hand. If the sobriety field tests were improperly administered or the officer administering them was insufficiently trained, they are inadmissible as evidence.
Numerous other avenues for challenging DUI charges exist. Were errors made when your blood alcohol concentration was tested? Were your constitutional rights protected at the time of your arrest? How thorough is the apprehending officer’s arrest report? A DUI charge may be a reason to turn your life around but it is no reason why you should suffer harsh legal penalties. Explore your options with an experienced DUI lawyer in Phoenix or elsewhere in Arizona as soon as possible.