DUI and Traffic Offenses:

DUI/DWI AND TRAFFIC OFFENSES:

In every state, including Arizona, it is a crime to operate a vehicle if the affects of either drugs or alcohol impair your ability to safely operate that vehicle. These types of offenses are commonly referred to as, DUI (Driving Under the Influence), DWI (Driving While Intoxicated), or OUI (Operating Under the Influence). Regardless of how the offense is referred or described, the basic principal is that it is unlawful for an individual to operate a vehicle if the affects of alcohol, drugs, or prescribed medications impair the driver's ability to safely operate the vehicle. The penalties for DUI related charges could include fines, suspension or revocation of driving privileges, community service, the use of interlock devices and incarceration. It is critical to hire an attorney who understands the complexities of DUI laws, as well as the forensic science relating to these types of charges. Mr. Buckallew has extensive knowledge and experience in handling DUI cases. Moreover, Mr. Buckallew possesses an understanding of the underlying scientific issues involved in a DUI case. Mr. Buckallew will work vigorously to protect your rights and defend your case. If you, or someone you know, are facing a DUI/DWI and/or traffic related offense, call our office today for a free case consultation.

DUI
In the State of Arizona, it is unlawful for a person to drive or be in actual physical control of a vehicle under the following circumstances: While under the influence of intoxicating liquor or drugs, if the person is impaired to the slightest degree; if the person has an alcohol concentration of 0.08 or more within two hours of driving; while there are drugs or drug metabolites in the person’s body; or, if the vehicle is a commercial motor vehicle, requiring a person to obtain a commercial driver license and the person has an alcohol concentration of 0.04 or more.

The maximum penalty for a first time misdemeanor DUI is: 6 months jail, a $2,500.00 fine with 84% surcharge, $500.00 prison construction fee, $500.00 state general fund, 5 years probation, 90 days to a 1 year suspension of driver’s license, ignition interlock device, and alcohol screening and counseling.

The minimum penalty for a first time misdemeanor DUI can include:  1-10 days jail, $250.00 fine plus surcharge, $500.00 prison construction fee, $500.00 state general fund, alcohol screening and counseling, 90 days to a 1 year suspension of driver’s license, up to 5 years probation, and ignition interlock device.

Extreme DUI (BAC .150-.199)
In the State of Arizona, it is unlawful for a person to drive or be in actual physical control of a vehicle if the person has an alcohol concentration between .150-.199 within two hours of driving. Penalties for an extreme DUI can include fines, suspension of driver’s license, community service, the use of interlock devices and jail time. If you are facing an Extreme DUI charge, it is critical to hire an attorney who understands the complexities of DUI laws, as well as the forensic science relating to these types of cases.
ARS § 28-1382

The maximum penalty for a first time Extreme DUI is: 6 months jail, a $2,500.00 fine with 84% surcharge, $250.00 DUI abatement fee, $1,000.00 prison construction fee, $1,000.00 state general fund, alcohol screening, counseling and monitoring, 5 years probation, 30-day vehicle impoundment, suspension of driver’s license for 90 days to 1 year, and vehicle interlock device. 

The minimum penalty for a first time Extreme DUI can include: 10-30 days jail, alcohol screening, counseling and monitoring, $250.00 fine plus surcharges, $250.00 DUI abatement fee, $1,000.00 prison construction fee, $1,000.00 state general fund, 30 day vehicle impoundment, 90 days to a 1 year suspension of driver’s license, up to 5 years probation, and ignition interlock device.
ARS § 28-1382

“Super” Extreme DUI (BAC .200 or more)
In the State of Arizona, it is unlawful for a person to drive or be in actual physical control of a vehicle if the person has an alcohol concentration of .200 or more within two hours of driving. Penalties for an extreme DUI can include fines, suspension of driver’s license, community service, the use of interlock devices and jail time. If you are facing an Extreme DUI charge, it is critical to hire an attorney who understands the complexities of DUI laws, as well as the forensic science relating to these types of cases.

The maximum penalty for a first time “Super” Extreme DUI is: 6 months jail, a $2,500.00 fine with 84% surcharge, $250.00 DUI abatement fee, $1,000.00 prison construction fee, $1,000.00 state general fund, alcohol screening, counseling and monitoring, 5 years probation, 30-day vehicle impoundment, suspension of driver’s license for 90 days to 1 year, and vehicle interlock device. 

The minimum penalty for a first time “Super” Extreme DUI can include: 45 days jail, alcohol screening, counseling and monitoring, $500.00 fine plus surcharges, $250.00 DUI abatement fee, $1,000.00 prison construction fee, $1,000.00 state general fund, 30 day vehicle impoundment, 90 days to a 1 year suspension of driver’s license, up to 5 years probation, and ignition interlock device.
ARS § 28-1382

Aggravated DUI
A person can be found guilty of an Aggravated DUI if the person commits a violation as defined under § 28-1381 (See DUI section above), or Extreme/Super DUI as defined under § 28-1382 (See Extreme DUI section above), while that person’s privilege to drive is suspended, canceled, or revoked. Alternatively, a person can be charged with Aggravated DUI if a person commits a third DUI within a period of eighty-four months. Finally, a person can be charged with Aggravated DUI if a person commits a DUI while having a child under 15 years of age in the vehicle.
ARS § 28-1383

The maximum penalty for a first time Aggravated DUI can include: Incarceration in the Arizona Department of Corrections for 3.75 years, a 3-year license revocation and a maximum $150,000 fine plus 84% surcharge. 

The minimum penalty in these cases often requires: a minimum mandatory 4 months in the Arizona Department of Corrections, up to 10 years probation, 3 year license revocation, $750.00 fine plus surcharge, $250.00 DUI abatement fund, $1,500 prison construction fee, $1,500.00 state general fund, and ignition interlock.

If you have been charged with Aggravated DUI, it is critical to hire an attorney who understands the complexities of the felony DUI laws in Arizona, as well as an attorney who understands the complex science involved in these types of cases.
ARS § 28-1383

Jail Costs 
In most DUI cases, the court will impose jail costs. The average jail cost is between $150.00-$200.00 for the 1st day and between $70.00-$100.00 for each day thereafter.

Zero Tolerance
The State of Arizona also has a “Zero Tolerance” law, which targets drivers under the legal drinking age of 21. If a person under the age of 21 is found to be operating a vehicle with even a trace of alcohol in their system (a BAC above 0.0), they could be penalized under this law.

Implied Consent
A person operating a motor vehicle in the State of Arizona gives consent to the testing of the person’s blood, breath, urine or other bodily substance, in order to determine alcohol concentration or drug content if the person is suspected of driving or being in actual physical control of a motor vehicle while impaired. These tests are administered by law enforcement if they have reasonable grounds to believe that the person is driving under the influence (of drugs or alcohol), or if the person is under twenty-one years of age, with liquor in the person’s body.

After an arrest the driver must submit to the requested tests, and if the driver refuses, he/she will be informed that his/her driver’s license will be suspended for twelve months, or for two years for a second refusal within sixty months.
ARS § 28-1321

Field Sobriety Testing
During a DUI stop, an officer may ask a driver to submit to field sobriety testing, which can include performing any number of tasks to assess impairment of a person’s physical ability. These can include tasks such as reciting the alphabet backwards, HGN (Horizontal Gaze Nystagmus) – eye and penlight testing, or walking a straight line with arms outstretched.

TRAFFIC OFFENSES:

Aggressive Driving
Aggressive driving generally includes the failure to obey traffic control devices, unsafe lane change, following a vehicle to closely, and failure to yield the right-of way, and the person’s driving is an immediate hazard to another person or vehicle. This offense is a class 1 misdemeanor and the penalties for a first time offense can include completion of traffic survival school and a thirty-day suspension of driving privileges. The maximum penalty for this offense is 6 months in jail and a $2,500.00 fine with 80% surcharge.
A.R.S. § 28-695

Excessive Speed
Excessive speed charges can include, exceeding thirty-five miles per hour approaching a school crossing, exceeding the posted speed limit by more than twenty miles per hour, or if no speed limit is posted, exceeding forty-five miles per hour.
A.R.S. § 28-701.02

Reckless Driving
Reckless driving is generally defined as an individual who drives a vehicle in reckless disregard for the safety of others or property, and is a class 2 misdemeanor. Penalties for this charge can include the suspension of driving privileges for up to ninety days. The maximum penalty can be up to 4 months in jail and a $750.00 fine with 80% surcharge.
A.R.S. § 28-693

Unlawful Flight
Unlawful flight arises when a driver of a motor vehicle willfully flees or attempts to elude a pursuing official law enforcement vehicle and is a class 5 felony. The maximum penalty can be up to 2.5 years in the Arizona Department of Corrections with substantial fines.
A.R.S. § 28-622.01

Because DUI and traffic related offenses carry the possibility of significant fines and incarceration, it is critical to hire an attorney who understands DUI and traffic laws in Arizona, as well as an attorney who understands the scientific evidence involved in these types of cases. If you, or someone you know, are facing a DUI/DWI and/or traffic related offense, call our office today for a free case consultation.

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