DUI, Extreme DUI, and Super Extreme DUI

If you are charged with a DUI offense, it is extremely important that you fully and completely understand the potential ramifications of the DUI offense if you are found guilty. The DUI laws in Arizona are tough, complicated, and often misunderstood by those charged with DUI, and also inexperienced attorneys who do not know how to handle DUI cases. The potential penalties for a first offense misdemeanor DUI vary depending upon the level of the blood alcohol concentration of the person charged with DUI, or if the person is charged with DUI Drugs. All misdemeanor DUI offenses carry the maximum possible penalty of up to six (6) months in jail, fines of up to $2,500.00 plus surcharges, restitution, up to five (5) years of supervised or unsupervised probation, court-ordered counseling, treatment, or classes, community service/restitution, the requirement of an Ignition Interlock Device, and suspension of driving privileges. In addition, the court may also impose incarceration costs for any time spent in jail.

It is important to understand that in Arizona there are “mandatory minimum” sentences for a person who is found guilty of any misdemeanor DUI offense.

The “mandatory minimum” sentences for a first offense misdemeanor DUI are as follows:
 

DUI, Driving or in Actual Physical Control of a Motor Vehicle While Impaired to the Slightest Degree, A.R.S. §28-1381 (A)(1)

• Ten (10) days in jail. Nine (9) of those days in jail may be suspended upon successful completion of alcohol or drug abuse screening, counseling and treatment.
• A fine of $250.00 plus surcharges.
• A $500.00 Prison Construction and Operations Fund fee.
• A $500.00 Public Safety Equipment Fund fee.
• Up to five (5) years of supervised or unsupervised probation.
• Installation of an Ignition Interlock Device for twelve (12) consecutive months.
• MVD will also assess eight (8) points to your driving record, require you to successfully complete Traffic Survival School, and suspend your driving privileges for ninety (90) days.

DUI, Driving or in Actual Physical Control of a Motor With a Blood Alcohol Concentration of .08 or Above Within Two (2) Hours of Driving, A.R.S. §28-1381 (A)(2)

• Ten (10) days in jail. Nine (9) of those days in jail may be suspended upon successful completion of alcohol abuse screening, counseling and treatment.
• A fine of $250.00 plus surcharges.
• A $500.00 Prison Construction and Operations Fund fee.
• A $500.00 Public Safety Equipment Fund fee.
• Up to five (5) years of supervised or unsupervised probation.
• Installation of an Ignition Interlock Device for twelve (12) consecutive months.
• MVD will also assess eight (8) points to your driving record, require you to successfully complete Traffic Survival School, and suspend your driving privileges for ninety (90) days.

DUI, Driving or in Actual Physical Control of a Motor Vehicle with a Drug or Drug Metabolite, A.R.S. §28-1381 (A)(3)

• Ten (10) days in jail. Nine (9) of those days in jail may be suspended upon successful completion of alcohol or drug abuse screening, counseling and treatment.
• A fine of $250.00 plus surcharges.
• A $500.00 Prison Construction and Operations Fund fee.
• A $500.00 Public Safety Equipment Fund fee.
• Up to five (5) years of supervised or unsupervised probation.
• Installation of an Ignition Interlock Device for twelve (12) consecutive months.
• MVD will also assess eight (8) points to your driving record, require you to successfully complete Traffic Survival School, and suspend your driving privileges for one (1) year.

Extreme DUI, Driving or in Actual Physical Control of a Motor with a Blood Alcohol Concentration of .15 or Above Within Two (2) Hours of Driving, A.R.S. §28-1382 (A)(1)

• Thirty (30) consecutive days in jail.
• Alcohol abuse screening, counseling and treatment.
• Community Restitution may be ordered.
• A fine of $250.00 plus surcharges.
• A $250.00 DUI Abatement Fund Fee.
• A $1,000.00 Prison Construction and Operations Fund fee.
• A $1,000.00 Public Safety Equipment Fund fee.
• Up to five (5) years of supervised or unsupervised probation.
• Installation of an Ignition Interlock Device for twelve (12) consecutive months.
• MVD will also assess eight (8) points to your driving record, require you to successfully complete Traffic Survival School, and suspend your driving privileges for ninety (90) days.

Super Extreme DUI, Driving or in Actual Physical Control of a Motor with a Blood Alcohol Concentration of .20 or Above Within Two (2) Hours of Driving, A.R.S. §28-1382 (A)(2)

• Forty-five (45) consecutive days in jail.
• Alcohol abuse screening, counseling and treatment.
• Community Restitution may be ordered.
• A fine of $500.00 plus surcharges.
• A $250.00 DUI Abatement Fund Fee.
• A $1,000.00 Prison Construction and Operations Fund fee.
• A $1,000.00 Public Safety Equipment Fund fee.
• Up to five (5) years of supervised or unsupervised probation.
• Installation of an Ignition Interlock Device for eighteen (18) consecutive months.
• MVD will also assess eight (8) points to your driving record, require you to successfully complete Traffic Survival School, and suspend your driving privileges for ninety (90) days.

Under Arizona law, the “mandatory minimum” penalties for a second offense misdemeanor DUI dramatically increase. Moreover, there are additional penalties that the MVD may impose, including suspension or revocation of your driver’s license. An experienced DUI defense attorney can properly advise you of the potential penalties you are facing, and assist you in working towards reducing or eliminating the penalties for a second offense DUI conviction.

Fountain Hills Law Firm represents individuals throughout the Phoenix Metropolitan area to include Scottsdale, Mesa, Tempe, Gilbert, Chandler, and also Payson and Gila County. If you have been accused of a crime, a DUI defense lawyer is available 24 hours a day, 7 days a week to assist you with your criminal legal matter.

To schedule a free consultation with a DUI defense attorney at Fountain Hills Law Firm, please call us at 480.345.2993 or fill out our online contact form.