Getting a DUI can be a life-altering experience. You may find yourself feeling confused and uncertain about the next steps. The weight of the situation may leave you feeling isolated and unsure of where to turn for help. When facing this type of charge, understanding the law, possible penalties for a DUI and options are crucial. This article offers guidance to help you navigate this challenging situation.
DUI Laws in Arizona
Arizona is known for its strict DUI laws, which are outlined in the Arizona Revised Statutes. These laws define DUI as operating a motor vehicle with a blood alcohol concentration of 0.08% or higher. However, even lower BAC levels can lead to charges under certain circumstances. Is a DUI a criminal offense? It can be classified as either a Misdemeanor or Felony offense depending on various factors, such as the driver’s BAC level, prior DUI convictions, license issues, children in the vehicle, driving the wrong way on the roadway, and if an Interlock has already been ordered.
What To Expect on the Possible Penalties for a DUI First Offense
Facing your first DUI in Arizona can be a frightening and stressful experience, with uncertainty about the legal process and potential consequences looming over you. DUI laws in Arizona are taken very seriously, and understanding the specifics of your situation is crucial.
Different Types of Penalties for a DUI in Arizona
The penalties for DUI in Arizona include different consequences for those found driving under the influence. Here are the definitions of the main types of penalties when charged with DUI:
- Fines & Fees: DUI fines and fees typically include various types of monetary penalties imposed by the court upon conviction. These fines and fees may also include restitution for any medical or property damages, surcharges, accident reconstruction costs, jail costs, court costs, and other related expenses. The amount of the fines and fees can vary depending on factors such as the severity of the offense, any prior DUI convictions on the individual’s record, and the specific circumstances of the case.
- License Suspension / Revocation: A suspended or revoked driver’s license means you lose your driving privileges for a set period of time. The duration of the suspension varies based on the severity of the offense, the number of prior convictions, and whether a person consented to the requested blood / breath test on the date they were arrested. Once the suspension period is over, one can usually get their license reinstated by paying a fee and meeting certain requirements set by the Arizona Department of Transportation (ADOT). In Arizona, a revoked driver’s license means that you not only lose your driving privileges, but you have to go through a Revocation Packet to request the ability to get your license back. Getting the license back after going through a license revocation is not as simple as paying off a few fees and minimal requirements.
- Jail or Prison Time: Jail or prison time refers to the period of incarceration or imprisonment served in a correctional facility as part of the DUI penalty. The duration of jail or prison time can range from a few days to several months, and even several years, depending on the circumstances of the offense, prior DUI convictions, and any aggravating factors involved.
- Ignition Interlock Device: An Ignition Interlock Device (IID) is a breathalyzer attached to a car’s ignition system. DUI offenders are required to install one to get back their driving privileges. An individual blows into the device before starting the car, and if the blood alcohol content is below a set limit, the car starts. The device will also prompt for random breath tests while driving.
- Substance Abuse Treatment: Substance abuse treatment programs are often mandated as part of any DUI penalties, to address underlying issues related to alcohol or drug use. These programs typically involve counseling, education, treatment and rehabilitation services.
- Probation: Probation involves the supervision of the offender by a Probation Officer. Conditions of probation may include regular check-ins, compliance with court orders, and adherence to specific restrictions related to alcohol and/or drug consumption.
- SR22 High-Risk Insurance: SR22 insurance is a form of high-risk auto insurance required for some individuals involved in a DUI case. This type of insurance is above-and-beyond the normal car insurance that one is required to have while driving in the public roadways. It is intended to provide financial protection in the event of future driving-related incidents.
- Community Service: Community service involves performing unpaid work for the benefit of the community as a form of restitution for the DUI offense. This penalty aims to promote accountability and rehabilitation while serving as an alternative to incarceration, or, with the court’s permission, an alternative to paying off fines and fees.
It’s crucial to grasp the severity of the consequences and their impact on your life moving forward. Here’s what you need to know more about the specific penalties per first-time DUI offense:
Penalties for Standard DUI
A Regular DUI offense occurs when a driver operates a motor vehicle while Impaired to the Slightest Degree by their use of alcohol / drugs / medications / vapor releasing substances, or a combination thereof; and/or with a Blood Alcohol Concentration (BAC) of 0.08% or higher, as defined by A.R.S. § 28-1381. This offense is also considered a Class 1 Misdemeanor. Penalties for a First Offense Standard DUI can include:
- Fines & Fees: A minimum DUI fines and fees of around $1,500, but could be up to $2,500 + a 79% surcharge.
- License Suspension: Upon conviction for a DUI offense, individuals may face the possibility of having their driver’s license suspended for a period of 90 days, up to one year.
- Jail Time: Jail sentence can range from a minimum of 1 day, up to a maximum of 6 months
- Alcohol or Substance Abuse Counseling: Mandatory requirement to enroll in alcohol or substance screening, counseling, education and/or treatment programs.
- Ignition Interlock Device: The vehicle must be equipped with an ignition interlock device for 6-18 months. This is only applicable to alcohol-related offenses.
Penalties for Extreme DUI
An Extreme DUI offense in Arizona involves a driver operating a vehicle with a BAC of 0.15% or higher, as outlined in A.R.S.§ 28-1382. While this type is considered a Misdemeanor, it’s crucial to recognize that the DUI punishment upon conviction is much harsher than a Regular DUI. The penalties for an Extreme DUI typically include the following:
- Increased Fines & Fees: Minimum fines and fees of $2,800, but could be up to $2,500 + a 79% surcharge.
- License Suspension: Upon conviction for an Extreme DUI offense, individuals may face the possibility of having their driver’s license suspended for a period of 90 days, up to one year.
- Ignition Interlock Device: For alcohol offenses, the motor vehicle must have an ignition interlock device for 12-18 months.
- Jail Time: Upon conviction for an Extreme DUI offense, individuals may face a minimum mandatory jail sentence of 2 days, with the possibility of the sentence extending up to 6 months.
- Alcohol or Substance Abuse Education and Treatment: Mandatory requirement to enroll in alcohol or substance screening, counseling, education and/or treatment programs.
Penalties for Super Extreme DUI
A Super Extreme DUI occurs when a driver’s BAC is 0.20% or higher, as stipulated in A.R.S. § 28-1382. DWI penalties for this type of offense are even more severe. Consequences for a Super Extreme DUI include:
- Higher Fines & Fees: Minimum fines and fees of $3,300, but could be up to $2,500 + a 79% surcharge.
- License Suspension: Upon conviction for a Super Extreme DUI offense, individuals may face the possibility of having their driver’s license suspended for a period of 90 days, up to one year.
- Ignition Interlock Device: Mandatory ignition interlock device for alcohol offenses of 18 months.
- Jail Time: Upon conviction for a Super Extreme DUI offense, individuals may face a minimum mandatory jail sentence of 3 days, with the possibility of the sentence extending up to 6 months.
- Alcohol or Substance Abuse Treatment Programs: Compulsory involvement in screening, counseling, education and/or treatment programs, aimed at tackling substance abuse problems and preventing future offenses.
Penalties for Aggravated DUI
An Aggravated DUI, even as a first-time offense, is considered a serious violation. It typically occurs when a driver commits a DUI offense under certain aggravating circumstances, such as driving with a suspended or revoked license, driving with a passenger under 15 years old, having two prior DUI convictions, being ordered to have an Ignition Interlock Device at the time, or Driving the Wrong Way on the Roadway. This offense is a Felony, which is much more severe than a Misdmeanor. Here are the following potential penalties:
- Fines & Fees: Minimum fine and fees of $4,700.
- License Suspension / Revocation: Suspension or revocation of the driver’s license for 1 to 3 years.
- Jail Time: Possible sentence ranging from 1 day in jail, up to 3.75 years in prison.
- Ignition Interlock Device: Individuals convicted of alcohol-related offenses are often required to install a mandatory ignition interlock device, typically ranging from 24 to 36 months.
- Alcohol or Substance Abuse Treatment: Mandatory requirement to enroll in alcohol or substance screening, counseling, education and/or treatment programs; and up to 10 years of probation.
- SR22 High-Risk Insurance: Mandatory requirement for three years.
- Possible Community Service: Additional community service may be imposed.
What to Do After Getting Caught with a DUI
The first thing is to consult with a qualified First-Offense DUI attorney who is familiar with Arizona drunk driving laws. Your DUI Defense Attorney will guide you through the legal process and represent you. Next, refrain from making statements to law enforcement until your Attorney is present. Also, follow any requirements and avoid actions that could lead to further legal trouble.
Look for an Attorney with expertise in DUI Defense who has successfully handled similar cases and understands DUI Arizona laws. Also, ensure that your legal DUI Representative is familiar with local court procedures and can build a strong defense strategy. Lastly, check testimonials to gauge the reputation and track record.
Legal Remedies for First-Time DUI in Arizona
Facing a first-time DUI charge in Arizona can be overwhelming. Still, some legal remedies and defenses can help mitigate the consequences. Here are five strategies your Attorney may use to defend your case:
- Challenging the Stop: If law enforcement lacked reasonable suspicion to pull you over, your Attorney may argue that the stop was unlawful, potentially leading to the exclusion of all evidence, and dismissal of the charges.
- Questioning Field Sobriety Tests: Field sobriety tests are subjective and not always accurate. Your Defense Attorney can challenge the reliability of field sobriety tests by demonstrating factors such as poor weather conditions, physical limitations, or inadequate instructions that may have affected your performance.
- Contesting Breathalyzer Results: Breathalyzer machines can be faulty or improperly calibrated. Your Attorney may challenge the accuracy of the breath test results, especially if proper procedures weren’t followed during testing.
- Exploring Constitutional Violations: Your Attorney may explore whether your rights were violated during the arrest or questioning process, such as failure to adhere to Miranda Warnings or conducting an illegal search.
- Negotiating Plea Bargains: In some cases, your Attorney may negotiate with the prosecutor for a plea bargain, which could involve reducing the charges or penalties in exchange for resolving the case short of trial.
Understanding Your Rights Under The Arizona DUI Law
Facing a DUI charge for the first time can be complex. It’s crucial to know your rights, the DUI penalty you may face, and the legal options available. Seeking guidance from a reputable DUI Defense Attorney is key to protecting yourself and getting the best possible outcome. If you are facing a DUI charge in Arizona, contact The 602-DUI Team for a free consultation. Your future is too important to take chances with—get the best legal services for your charge.
