In Arizona, the penalties for driving under the influence are significant even after a first-time offense and become more onerous for subsequent offenses or with the involvement of certain aggravating factors. The penalties are dictated largely by your blood alcohol concentration (BAC) as measured within two hours after driving, but other ‘aggravating’ factors can result in harsher consequences. Regardless of the specific circumstances in your DUI case, it is advisable to seek the advice and counsel of an experienced DUI attorney before making any decisions in your case. Mr. Buckallew is a Board Certified Criminal Defense Lawyer who has spent the past nearly 20 years of his career litigating DUI cases along with all types of criminal cases and has a proven record of successfully resolving countless cases over the course of his career. Mr. Buckallew prides himself in personally handling each case from start to finish to ensure each client receives the personal attention and expertise he/she deserves. Outlined below are the most common DUI cases along with associated penalties.
DUI Penalties – 1st Offense:
Non-Extreme DUI Penalties (1st Offense)
For a first time DUI – involving either alcohol or drugs, with an alcohol concentration between 0.08% - 0.149% (0.04% or higher for CDL drivers), the minimum penalty can include a minimum of 10 days in jail (9 days may be suspended after successful completion of alcohol screening), up to a 1-year license suspension, minimum fines of $250 (plus surcharges and fees) totaling about $1500. You will also be required to install a certified ignition interlock device for 12 months (required for alcohol convictions, but optional by court order for drug only convictions), undergo alcohol screening and counseling, possible community work service, and possible probation for up to 5 years. The maximum penalty can be up to 6 months jail and a fine of $2,500, with an 85% surcharge.
Extreme DUI Penalties (1st Offense)
If a person’s alcohol concentration is at 0.15% or higher (but less than 0.20%), this is considered an Extreme DUI. The penalties for a 1st offense Extreme DUI include a minimum of 30 days in jail, minimum fines of $250 (plus surcharge and fees) totaling about $2,700, a 30-day vehicle impoundment, 1-year license suspension, alcohol screening/education/treatment, possible community work service and 12-months ignition interlock. In some cases, all but 9 days of jail time may be suspended with the installation of an ignition interlock for 12 months.
‘Super’ Extreme DUI Penalties (1st Offense)
If a person’s alcohol concentration is at 0.20% or higher, this is considered a ‘super’ extreme DUI. Penalties for a 1st offense ‘super’ extreme DUI include a minimum of 45 days in jail, minimum fine of $500 (plus surcharges and fees), totaling about $3,175, a 30-day vehicle impoundment, alcohol screening and classes, possible community work service, and ignition interlock requirement for 18 months. In some cases, all but 14 days be suspended with the installation of an ignition interlock device for 12 months.
DUI Penalties – 2nd Offense:
Non-Extreme DUI Penalties (2nd Offense)
If this is a 2nd DUI offense within 84 months – involving either alcohol or drugs and a BAC between 0.08%-0.149%, the penalties include increased jail time, with a minimum of 90 days jail (60 days may be suspended after successful completion of alcohol screening), and up to a maximum of 6 months, minimum fine of $500 (plus surcharges and fees), totaling about $3,425, 30 hours of community work service, a 1-year license revocation, 12 to 24 months ignition interlock (except for some drug only convictions), alcohol screening and counseling and up to 5 years’ probation.
Extreme DUI Penalties (2nd Offense)
Penalties for extreme DUI second offenses include 120 days in jail, minimum fines of $500 (plus surcharges and fees) totaling about $3,675, a 30-day vehicle impoundment, and a minimum 12-month license revocation. You will also be required to undergo alcohol screening/education/treatment, install an ignition interlock device for 12 months, and complete a minimum of 30 hours of community work service.
‘Super’ Extreme DUI Penalties (2nd Offense)
Penalties for a second offense ‘super’ extreme DUI include 180 days in jail, a minimum fine of $1000 (plus surcharge and fees) totaling about $4,600, 30-day vehicle impoundment, alcohol screening / classes, a minimum of 30 hours community work service, a minimum 12-month license revocation, and 24 months ignition interlock (after license is reinstated).
Underage DUI Penalties
The penalties for underage DUI may include up to a maximum of 6 months in jail, up to a 2-year license suspension, fees and fines of up to $2,500, alcohol screening and classes, probation, higher insurance premiums, and a 30-day vehicle impoundment.
Penalties for Aggravated DUI
A 3rd DUI offense within 84 months can lead to charges being classified as a (Class 4) felony aggravated DUI instead of a misdemeanor. Other factors in a DUI that will also result in felony charges, include: driving on a suspended, cancelled or revoked license (Class 4 felony), operating the vehicle without a required ignition interlock device (Class 4 felony) or having a child under 15 years of age at the time of the DUI (Class 6 felony). A felony aggravated DUI carries more extreme penalties, a first time (Class 4) aggravated DUI can result in a minimum prison sentence of 4 months up to a maximum of 3.75 years, a 3-year license revocation and minimum fines of $750 (plus surcharge and fees), totaling about $4,637 up to a maximum fine of $150,000. The minimum penalty for felony DUI includes 4 months in state prison as a term and condition of probation. Other penalties include an ignition interlock requirement of 24 months (or more), alcohol screening/classes and others. Subsequent violations will usually result in harsher punishments. For an aggravated DUI (Class 6 felony), the jail time coincides with that of misdemeanor DUI, depending on BAC levels.
In any DUI case, a person can be ordered to pay all costs of incarceration which can be a significant expense, particularly if there is a 6 month jail sentence imposed, which could cost around $15,000 in some cases.
Tempe DUI Lawyer
When you are facing the possibility of a DUI conviction, Mr. Buckallew has the experience and knowledge necessary to prepare a well formulated legal defense on your behalf. He will ensure that you understand your rights, that you know what to expect throughout the various stages of your case, and that your Constitutional rights are protected throughout the process. The Firm will conduct a thorough investigation of your case, identify procedural, factual and legal weaknesses in your case, and prepare an aggressive defense on your behalf. His passion for criminal defense and an extensive understanding of the criminal justice system is evident in the results Attorney Trent Buckallew has achieved on behalf of many of his clients.
Contact the Firm today for a free evaluation of any pending DUI charges to discuss your legal options.