| Arizona, like every other state, has DUI (driving under | | | | 20 of the 30 days if you agree to get an alcohol |
| the influence) laws meant to reduce driving after a | | | | evaluation, and submit to treatment. |
| few glasses of alcohol. Arizona is known throughout | | | | 2. Fine & costs: $250.00 fine, plus a surcharge, plus |
| the country to have very strict laws regarding DUIs, | | | | an additional $250.00 assessment to the Arizona DUI |
| which is all the more reason to hire an aggressive DUI | | | | abatement fund, plus an additional $1000.00 |
| attorney to fight for you. | | | | assessment for DPS, and an additional prison |
| Being arrested for an offense DUI can be a very | | | | construction fund fee of $1,000.00. |
| upsetting experience. It may be your first time ever | | | | 3. Driver License: The MVD will suspend your drivers' |
| being accused of a crime and you may not know | | | | license for 90 days. |
| what your rights are or where you should turn. | | | | 4. Counselling: If recommended in your evaluation and |
| It is therefore important to know the basics of the | | | | you want the Judge to suspend all but ten days in jail. |
| Arizona DUI laws and penalties to ensure that you | | | | 5. Probation: You may be placed on probation for up |
| stay on the right side of the law. It is unlawful for a | | | | to five years. |
| person to drive or be in actual physical control of a | | | | Second Extreme DUI (Breath Alcohol Concentration |
| vehicle in this state under any of the following | | | | above .150) |
| circumstances: | | | | 1. 120 days in jail of which 60 must be consecutive. |
| 1. While under the influence of intoxicating liquor, any | | | | The Court may suspend 60 of the 120 days if you |
| drug and vapour releasing substance containing a toxic | | | | agree to get an alcohol evaluation, and submit to |
| substance or any combination of liquor, drugs or | | | | treatment. |
| vapour releasing substances if the person is impaired | | | | 2. Fine & costs: $500.00 fine, plus a surcharge, plus |
| to the slightest degree. | | | | an additional $250.00 assessment to the Arizona DUI |
| 2. If the person has an alcohol concentration of 0.08 or | | | | abatement fund, plus an additional $1250.00 |
| more within two hours of driving or being in actual | | | | assessment for arrests. |
| physical control of the vehicle and the alcohol | | | | 3. Driver License: Your drivers' license will be revoked |
| concentration results from alcohol consumed either | | | | for one year. |
| before or while driving or being in actual physical | | | | 4. Counselling: If recommended in your evaluation and |
| control of the vehicle. | | | | you want the Judge to suspend 60 of the 120 days of |
| 3. While there is any drug or its metabolite in the | | | | jail. |
| person's body. | | | | 5. Probation: You may be placed on probation for up |
| 4. If the vehicle is a commercial motor vehicle that | | | | to five years. |
| requires a person to obtain a commercial driver license | | | | Felony DUI (3rd DUI w/i 5 Years, or DUI w/ License |
| and the person has an alcohol concentration of 0.04 or | | | | Suspended or Restricted) |
| more. | | | | The sentence guidelines below presuppose a |
| Sentencing | | | | completely clean felony record. Historical priors may |
| You've just been arrested for a DUI in Arizona, now | | | | significantly enhance any felony sentence. This is a |
| you’ll be sentenced according to a classification of | | | | class 4 felony and subject to the sentencing ranges |
| your crime. Aggravating factors may include the | | | | based on historical priors as such. A DUI conviction |
| following: | | | | under this section could carry over 10 years in prison. |
| You have a blood alcohol concentration of 0.15 for up | | | | 1. 4 months in prison at a minimum before you are |
| to two hours after the offense. | | | | eligible for probation, pardon, commutation or |
| - You have 2 or more prior DUI convictions in Arizona | | | | suspension of the sentence, or release on any other |
| or in another state within 7 years of the arrest. | | | | basis. |
| - Your privileges to drive are revoked, suspended or | | | | 2. Fine & costs: Up to $150,000.00 in fines, plus a |
| restricted at the time you are charged with DUI in | | | | surcharge, plus an additional $250.00 assessment to |
| Arizona. | | | | the Arizona DUI abatement fund, plus an additional |
| - You have a child under 15 years old in the vehicle. | | | | $1,500.00 assessment for arrests. |
| First Impaired or Breath Alcohol Concentration above | | | | 3. Driver License: Your drivers' license will be revoked |
| .080 | | | | for three years. |
| 1. 10 consecutive days in jail. The Court may suspend 9 | | | | 4. Counselling: If probation is granted by the sentencing |
| of the 10 days if you agree to get an alcohol | | | | Court, you will be required to submit to treatment. |
| evaluation, and submit to treatment. | | | | 5. Probation: You may be placed on probation for up |
| 2. Fine & costs: $250.00 fine, plus a surcharge, plus | | | | to five years. |
| an additional $500.00 assessment for DPS, and | | | | 6. Vehicle Forfeiture: If you were driving a vehicle you |
| another $500.00 for the Arizona Prison Construction | | | | owned at the time of the DUI arrest that led to your |
| Fund. | | | | conviction, the Court may take your vehicle as well. |
| 3. Driver license: The MVD will suspend your drivers' | | | | Felony DUI (w/ a child under 15 years old in vehicle) |
| license for 90 days. | | | | The sentence guidelines below presuppose a |
| 4. Counselling: If recommended in your evaluation and | | | | completely clean felony record. Historical priors may |
| you want the Judge to suspend all but one day in jail. | | | | significantly enhance any felony sentence. This is a |
| 5. Probation: You may be placed on probation for up | | | | class 6 felony and subject to the sentencing ranges |
| to five years. | | | | based on historical priors as such. |
| Second Impaired or Breath Alcohol Concentration | | | | 1. A person convicted under this section will have to |
| above .080 | | | | serve at least the minimum sentences for the |
| 1. 90 days in jail. The Court may suspend 60 of the | | | | misdemeanour DUIs described above if the offense |
| 90 days if you agree to get an alcohol evaluation, and | | | | would have been a misdemeanour but for the |
| submit to treatment. | | | | presence of the minor child. |
| 2. Fine & costs: $500.00 fine, plus a surcharge, plus | | | | 2. Fine & costs: Up to $150,000.00 in fines, plus a |
| an additional $250.00 assessment to the Arizona DUI | | | | surcharge, plus an additional $250.00 assessment to |
| abatement fund, plus an additional $1250.00 | | | | the Arizona DUI abatement fund, plus an additional |
| assessment for arrests. | | | | $500.00 assessment for arrests. |
| 3. Driver License: Your drivers' license will be revoked | | | | 3. Driver License: Your drivers' license will be revoked |
| for one year. | | | | for three years. |
| 4. Counselling: If recommended in your evaluation and | | | | 4. Probation: You may be placed on probation for up |
| you want the Judge to suspend all but 30 days in jail. | | | | to five years. |
| 5. Probation: You may be placed on probation for up | | | | 5. Counselling: If probation is granted by the sentencing |
| to five years. | | | | Court, you will be required to submit to treatment. |
| First Extreme DUI (Breath Alcohol Concentration | | | | 6. Vehicle Forfeiture: If you were driving a vehicle you |
| above .150) | | | | owned at the time of the DUI arrest that led to your |
| 1. 30 consecutive days in jail. The Court may suspend | | | | conviction, the Court may take your vehicle as well. |