Aggravated DUI Arizona

Arizona DUI Laws

There is no doubt that Arizona has some of the toughest DUI Laws in the nation.  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.

Facing an aggravated DUI Arizona offense is a serious legal issue and should not be ignored. No matter the extent of your Phoenix DUI, if you face a felony is Arizona you will need a defense lawyer. The community has distressed the government for many years to enforce more extreme consequences in Phoenix Dui and other cities in the United States. The government has instated these more severe consequences for aggravated DUI Arizona.

So what is the penalty for first-time offenses for a DUI in Arizona, you will serve at least ten 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. Also, you will also face community service, educational courses, and an ignition interlock device.  For any DUI over .15%, you will face the extreme penalties.

What Happens To First Time DUI Offenders in Arizona?

There are two common DUI charges in the state of Arizona. You can be charged and convicted of a DUI if you are found driving while impaired, and found with an blood alcohol content of 0.08 or higher within 2 hours of driving arrest. The state prosecutions office normally charges DUI offenders with both counts. Arresting officers normally seize the drivers license immediately upon suspicion of a DUI and a revocation for a period of 90 days up to two years is recommended, depending on the DUI arrest history and circumstance of the DUI charge.

The state of Arizona carries a minimum penitentiary sentence of 30 days with first time offenders eligible for a 20 day sentence suspension on certain parole terms. There is also a $250 fine and a required alcohol and drug consumption evaluation. There is a 90% guilty plea rate for all DUI charges in the state of Arizona. First time offenders are subject to a minimum of the 10/30 days prison sentence with 9 days of jail time amenable to suspension depending on a judge if you submit to an alcohol drug evaluation, enroll in an alcohol education program or submit to alcohol dependence rehabilitation.

The state of Arizona demands a $250 fine but an additional surcharge is listed for the DUI abatement fund, the maximum fine with surcharges can reach up to $2500 plus other court appointed fees. The MVD will suspend your licenses with no contest for the next 90 days, you can get the least sentencing time of one day if you agree to a counseling and skip out on total jail time if you agree to a probation settlement where you will be placed under review for a minimum of one year but not more than five years.

For Extreme DUI charges ( BAC count of .15% or higher) the Court may suspend 20 of the 30 day charge at most upon agreement to treatment and drug evaluation, shouldered by the defendant. An ignition interlock device is also court ordered. Extreme DUI is still considered a misdemeanor and does not count as a felony charge in the state of Arizona.

Refusal to undergo chemical testing will automatically revoke your driving license for a year, regardless of conviction for a DUI charge. All first time offenders for DUI are complied to submit with alcohol abuse assessment to gain the minimum jail time which is one out of the 30 days for a convicted DUI arrest. Non-injury and non-fatality DUI cases and First time arrests for DUI charges are eligible for a sixty day restricted license following the first 30 days of suspension.

A restricted driver’s license allows the driver to operate a motor vehicle to and from work, medical appointments, and counseling sessions.

Under 21 DUI in Arizona

DUI charges for minors in the state carry heavier penalties and stricter protocol, where someone above .01 BAC under 21 years of age can be charged of a DUI. Once convicted the minor will have to serve 10 days in jail, perform community service and pay the appropriate court appointed fines.

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 seven years of the date of your prior DUI, you will face harsh jail sentences.  Also, the following are considered to be Felony DUI in Arizona.

  • With your first aggravated DUI Arizona offense, you can end of spending 180 days in a Phoenix penitentiary and paying $1,800 in Phoenix DUI fines. You should also factor in court costs, jail costs, having you license suspended for three months. You may also be subject to an ignition device to check your blood/alcohol levels.
  • With your second aggravated DUI Arizona charge you are subject to 180 days in jail, up to $3,000 in fines. Don’t forget the court costs, jail costs and having your license suspended for 90 days. You will also have to utilize an alcohol breath testing unit attached to your ignition for 12 months.
  • If you are convicted of a first-time Extreme DUI charge which includes a blood alcohol level of .15 or higher, you can face max a term of 180 days in jail and be forced to pay around a $3,000 fine. Not to mention your DUI attorney AZ defense costs and jail costs plus a 3-month license suspension and 12 months of using an ignition device.
  • 3rd DUI in 7 Years (Class 4 Felony) (At least four months DOC). You will experience a Class 4 Felony Aggravated DUI Arizona charge if you are facing your third offense in 7 years or if you are facing aggravated DUI Arizona while driving a suspended license or non-valid license. If you are facing this DUI felony in Arizona law, you will have to deal with a minimum of 4 months in prison and over $150,000 in fines and DUI lawyer costs. You will also have your license taken away for three years.
  • A child in the Car (Class 6 Felony) (Same as Misdemeanor DUIs)
  • DUI on Suspended/Restricted License (At least four months DOC)

Three types of Aggravated DUI

Class 4 Felony Aggravated DUI

There are three different types of aggravated DUIs. The first type is an aggravated DUI for having either a canceled, 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 accused of 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 an 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 two prior DUIs within eighty-four months and then getting a third one within that same period. It doesn’t matter whether or not it’s out of state. You can still be charged with a felony DUI for having three 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 four months of the Department of Corrections along with some 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 vehicle 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 driver’s license?  For your first offense, your driver’s license will be suspended 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 one year, and a felony will make you cough up your license for three years.

As far as points go, if you get 8-12 Points within your first year the MVD will require schooling or a three-month suspension of your driver’s 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 car 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. Usually 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 severe criminal charges, the individual may also be acknowledged 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 not affect 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 arrested 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.

Get DUI Help: Repeat Offenses for DUI Arrests

There are grave implications for a DUI conviction, both criminally with the DMV in the state of Arizona. Your driving capability will be put into question and a DUI charge will be taken into consideration if you decide to get licensing to drive commercial motor vehicle. Repeat offenses can cause a permanent revocation of license and put you on black lists for employment agencies that require driving competency as a job skill.

A conviction for DUI has long-standing consequences with your governmental records and will determine sentencing and fines for future DUI offenses. Afforded privileges such as the appointment of restricted license may be waived by a judge and you may lose your driving liberties altogether.

Arizona considers previous conviction records for DUI as requisite to suitable sentencing, which means that you can expect harsher penalties and increased jail time if you are convicted of a DUI charge the second time and even more if you are convicted yet again. Arizona has a looking window policy where it reviews if you have outstanding convictions for DUI in parent and neighboring states for a period of time, to be considered as part of your criminal record for DUI. The BAC records of previous convictions are also taken into concern, where BAC testing results and will put you in higher accountability if you were convicted within the “extremely intoxicated” classification. At this point the court will appoint mandatory drug testing and enrollment in an alcohol and or substance abuse treatment facility as part of your sentencing, paid for by you.

Recurring offenders will be subject to heavier criminal and administrative penalties which are restricted to the ruling of a prosecuting Judge and may not be clearly stated as it circumstance and deliberation varies per case. Sentencing is more unrestricted as more extenuating state of affairs and repeat offenses are presented, where prosecution will lobby for maximum prison sentencing, extensive community and court appointed fines and fees.

The legal reprimand for repeat DUI offenders who cause public property damage, accidents which direct to bodily harm and fatal outcome will be issued to the maximum prosecutory charge and may incur severe criminal indictment such as Felony DUI which has a broader sentencing definition.

Hire an experienced Arizona DUI Attorney

The most imperative part of your defense is hiring a law firm that has a profound understanding of the DUI laws that govern conviction, plea and sentencing for Arizona. For experienced Arizona DUI lawyers or drunken driving defense attorneys, go for the right Arizona DUI attorney that has a profound understanding of DUI laws in Arizona and gain a reliable drunk driving defense. The first consultation is completely confidential and will be free of charge.