Penalties Dui

DUI Arizona Laws - Penalties guide Author: Robert Dumea Arizona, like every other state, has DUI (driving under the influence) laws meant to reduce driving after a few glasses of alcohol. Arizona is known throughout the country to have very strict laws regarding DUIs, which is all the more rea...





Fort Lauderdale Criminal Lawyer, Fort Lauderdale Criminal Attorney

DUI Arizona Laws - Penalties guide

Author: Robert Dumea

Arizona, like every other state, has DUI (driving under the influence) laws meant to reduce driving after a few glasses of alcohol. Arizona is known throughout the country to have very strict laws regarding DUIs, which is all the more reason to hire an aggressive DUI attorney to fight for you.

Being arrested for an offense DUI can be a very upsetting experience. It may be your first time ever being accused of a crime and you may not know what your rights are or where you should turn.

It is therefore important to know the basics of the Arizona DUI laws and penalties to ensure that you stay on the right side of the law. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances:

1. While under the influence of intoxicating liquor, any drug and vapour releasing substance containing a toxic substance or any combination of liquor, drugs or vapour releasing substances if the person is impaired to the slightest degree.

2. If the person has an alcohol concentration of 0.08 or more within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle.
3. While there is any drug or its metabolite in the person's body.
4. If the vehicle is a commercial motor vehicle that requires a person to obtain a commercial driver license and the person has an alcohol concentration of 0.04 or more.

Sentencing

You've just been arrested for a DUI in Arizona, now you'll be sentenced according to a classification of your crime. Aggravating factors may include the following:

You have a blood alcohol concentration of 0.15 for up to two hours after the offense.

  • You have 2 or more prior DUI convictions in Arizona or in another state within 7 years of the arrest.
  • Your privileges to drive are revoked, suspended or restricted at the time you are charged with DUI in Arizona.
  • You have a child under 15 years old in the vehicle.

First Impaired or Breath Alcohol Concentration above .080

  1. 10 consecutive days in jail. The Court may suspend 9 of the 10 days if you agree to get an alcohol evaluation, and submit to treatment.
  2. Fine & costs: 0.00 fine, plus a surcharge, plus an additional 0.00 assessment for DPS, and another 0.00 for the Arizona Prison Construction Fund.
  3. Driver license: The MVD will suspend your drivers' license for 90 days.
  4. Counselling: If recommended in your evaluation and you want the Judge to suspend all but one day in jail.
  5. Probation: You may be placed on probation for up to five years.

Second Impaired or Breath Alcohol Concentration above .080

1.  90 days in jail. The Court may suspend 60 of the 90 days if you agree to get an alcohol evaluation, and submit to treatment.

2. Fine & costs: 0.00 fine, plus a surcharge, plus an additional 0.00 assessment to the Arizona DUI abatement fund, plus an additional 50.00 assessment for arrests.

3. Driver License: Your drivers' license will be revoked for one year.

4. Counselling: If recommended in your evaluation and you want the Judge to suspend all but 30 days in jail.

5. Probation: You may be placed on probation for up to five years.

First Extreme DUI (Breath Alcohol Concentration above .150)

  1. 30 consecutive days in jail. The Court may suspend 20 of the 30 days if you agree to get an alcohol evaluation, and submit to treatment.
  2. Fine & costs: 0.00 fine, plus a surcharge, plus an additional 0.00 assessment to the Arizona DUI abatement fund, plus an additional 00.00 assessment for DPS, and an additional prison construction fund fee of ,000.00.
  3. Driver License: The MVD will suspend your drivers' license for 90 days.
  4. Counselling: If recommended in your evaluation and you want the Judge to suspend all but ten days in jail.
  5. Probation: You may be placed on probation for up to five years.

Second  Extreme DUI (Breath Alcohol Concentration above .150)

  1. 120 days in jail of which 60 must be consecutive. The Court may suspend 60 of the 120 days if you agree to get an alcohol evaluation, and submit to treatment.
  2. Fine & costs: 0.00 fine, plus a surcharge, plus an additional 0.00 assessment to the Arizona DUI abatement fund, plus an additional 50.00 assessment for arrests.
  3. Driver License: Your drivers' license will be revoked for one year.
  4. Counselling: If recommended in your evaluation and you want the Judge to suspend 60 of the 120 days of jail.
  5. Probation: You may be placed on probation for up to five years.

Felony DUI (3rd DUI w/i 5 Years, or DUI w/ License Suspended or Restricted)

The sentence guidelines below presuppose a completely clean felony record. Historical priors may significantly enhance any felony sentence. This is a class 4 felony and subject to the sentencing ranges based on historical priors as such. A DUI conviction under this section could carry over 10 years in prison.

  1. 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.
  2. Fine & costs: Up to 0,000.00 in fines, plus a surcharge, plus an additional 0.00 assessment to the Arizona DUI abatement fund, plus an additional ,500.00 assessment for arrests.
  3. Driver License: Your drivers' license will be revoked for three years.
  4. Counselling: If probation is granted by the sentencing Court, you will be required to submit to treatment.
  5. Probation: You may be placed on probation for up to five years.
  6. Vehicle Forfeiture: 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.

Felony DUI (w/ a child under 15 years old in vehicle)

The sentence guidelines below presuppose a completely clean felony record. Historical priors may significantly enhance any felony sentence. This is a class 6 felony and subject to the sentencing ranges based on historical priors as such.

  1. A person convicted under this section will have to serve at least the minimum sentences for the misdemeanour DUIs described above if the offense would have been a misdemeanour but for the presence of the minor child.
  2. Fine & costs: Up to 0,000.00 in fines, plus a surcharge, plus an additional 0.00 assessment to the Arizona DUI abatement fund, plus an additional 0.00 assessment for arrests.
  3. Driver License: Your drivers' license will be revoked for three years.
  4. Probation: You may be placed on probation for up to five years.
  5. Counselling: If probation is granted by the sentencing Court, you will be required to submit to treatment.
  6. Vehicle Forfeiture: 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.

Article Source: http://www.articlesbase.com/criminal-articles/dui-arizona-laws-penalties-guide-929433.html

About the Author

For more tips and information please check DUI Arizona laws. I hope I will never have to work with an Arizona DUI Lawyer.


Facebook comments:

8 Responses to “Penalties Dui”

  1. John Smith says:

    I got a DUI 3 months ago and got an underage drinking yesterday, what penalties am i looking at in court?
    I’m 18 my license is suspended for 6 months and i had to go to a 72 hour alcohol class for the dui, penalties do you think are going to happen now?

  2. Ƹ̵̡Ӝ̵̨̄Ʒ Lillie TTC # 1 Ƹ̵̡Ӝ̵̨̄Ʒ says:

    longer jail time. where you married at the time? why are you not stopping him from drinking and driving or helping him with court dates?

  3. ornery and mean says:

    The way I see it … the state does not hide the penalty for DWI, in fact they make it quite well known.

    The first DWI results in fairly harsh punishment, as it should. Do it again and the penalty is more extreme, no problem there. Keep committing the same offense and you are convicted as a habitual offender, not a problem in my book.

    A habitual drunk driver knows (or should know) the penalty for committing the offense. Once they are faced with an extreme penalty like revoked driving privileges for many years most of these drivers scream “I have seen the light! Just one more chance, I’ll do right this time! I SWEAR not one more drop of alcohol will touch these lips EVER!”

    Reality time: Just ONE accident while drunk has the ability to confine a law abiding citizen to a wheelchair for LIFE. or even cause the DEATH of another driver. How many chances should we give people who knowingly violate the law? 5? 10? 50? Should we just keep letting them drive until they do cause an accident? Wait until they kill someone?

    There are other ways to get around, bus, taxi, friends with cars, walking, bicycle, etc. Sorry …i just can’t work up any sympathy for a habitual drunk driver, I used to work in an emergency room. I know the effect drunk driving has on other drivers!

    When the state requires an ignition lock on a drunk’s car … they borrow a car to go drinking in.

  4. sammipooh says:

    What are the penalties for a DUI in California when having a prior dui in another state?
    Would this be considered a 2nd offense? Or 1st offense since the 1st DUI didn’t occur in California?
    Thanks for your answers. Just to clarify, I’m not asking for myself – I’m asking for my sister who has received 1 dui in another state and is now living in CA. She has not received one in CA, but I’m planning on talking to her about her drinking problem and wanted to bring up what the consequences would be if she did receive another while in CA.

  5. Princess C says:

    What are the penalties for DUI in Washington state?
    My ex-husband got two DUI’s in January 2008. He skipped a summer court date and got warrants. He went to court and was given a new court date in mid-October. In early October, he was arrested again, possibly for a third DUI, I’m not sure, it may have been driving without a license. He skipped his mid-Oct. court date and got warrants again. Now he’s in jail and has court early next month. Any ideas what he’s gonna get?
    Lillie, I will not help him because he’s my ex-husband. We were married seven years and he was emotionally and verbally abusive, a liar, cheater, drug addict, and alcoholic. While we were still married I did everything in my power to help him every possible way I knew how… but he’s on his own now.
    LOL goGotro… yes, he’s white, no he’s not rich. He cleans up pretty well for court but he’s been in jail for two weeks now… do they let you shave in jail? I don’t know, never been there, nor do I need to shave… : )

  6. John says:

    Current DUI penalties not the correct way to deal with the problem.?
    Does anyone else think that the current penalties for DUI do more to get the offender caught up in the legal system then they do to curb drinking and driving. It seems like they are only there to collect more revenue for the state and appease the MADD NAZIS. I’m sorry that was not fair to the nazis to compare them to MADD.

  7. Reggae says:

    In Pennsylvania I want to know where to begin to fight PennDOT to change their driving penalties for DUI.?
    I want to fight for more options for someone with multiple DUI’s who has changed their life around for restoring even limited driving privileges. An example of that would be the option to pay for the interlock system to have the ability to KEEP our lives in the right direction. That way we are still “monitored” to ensure we are not driving drunk and at the same time we are getting some “credit” for changing our lives, doing the right thing and living a productive responsible life.

  8. Kapsack & Bair - DUI Lawyers says:

    It depends, every state can find out about every other state’s convictions. However, not al DUI’s are the same. In California the court will only recognize an out of state conviction if the law is “substantially similar”.

    There are a couple of main points on this. First, is the law similar on the legal limit? Some states allow for a DUI conviction on less than a .08 which California will not recognize as our law is .08.

    More often is the definition of “driving”. In California the definition of driving is what you would expect, the person must exert control over a car that is moving. Believe it or not, a number of states, and the Federal Government, do not require this. They are “control” jurisdictions. This means that if you are in ‘control’ of the car, it can be a DUI.

    This means that if you go to your car to sleep it off, and the car i spiled high with snow proving you did not drive, in Colorado this is still a DUI.

    California may not recognize those convictions as it again is not ‘substantially similar’ to our laws.

    Bruce Kapsack

Leave a Reply

You must be logged in to post a comment.