DUI Arizona Laws – Penalties guide
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.
First Impaired or Breath Alcohol Concentration above .080
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: $500.00 fine, plus a surcharge, plus an additional $250.00 assessment to the Arizona DUI abatement fund, plus an additional $1250.00 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)
Second Extreme DUI (Breath Alcohol Concentration above .150)
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.
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.