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Arizona DUI Law Information

Arizona DUI...

1st Offense Arizona DUI Law

Criminal Status: Class 1 misdemeanor. Aggravated DUI elevates criminal status to a felony. An aggravated DUI is a DUI (impaired, per se or extreme) that is committed: (1) on a suspended, revoked or canceled license; (2) a third DUI offense in 5 years; or (3) while a person under 15 is in the vehicle.

  • Jail: DUI: 1-10 days. Extreme DUI: 10-30 days. Aggravated DUI: Terms in prison vary depending on violation.
  • Arizona DUI Fines/Costs: Minimum $250 (plus $500 for the prison construction fund and $500 for the state general fund).
  • -Extreme DUI: Minimum $250 (plus $250 DUI assessment, $1,000 for the prison construction fund, and another $1000 for the state general fund)
  • -Aggravated DUI: Minimum $750 (plus $250 DUI assessment and $1,500 for the prison construction fund and $1,500 for the state general fund).
  • Jail costs: An 80% surcharge on the base fine is levied on each DUI offense.
  • Arizona License Suspension: DUI: 90 days. Extreme DUI: 1 year. If aggravated DUI, license revoked for 3 years.
  • Arizona Probation: DUI: Up to 5 years (informal, may not be supervised). Aggravated DUI: 10 years.
  • Vehicle Impound: Yes, for extreme DUI and aggravated DUI.
  • Arizona Alcohol Screening/Education Treatment: Mandatory for aggravated DUI. Possible for other DUI offenses.
  • Arizona Ignition Interlock Device: Required for extreme and aggravated DUI.
  • Community Service: May be ordered to perform community service.

2nd Offense Arizona DUI Law

Criminal Status: Class 1 misdemeanor.

  • Jail: DUI: 30-90 days. For extreme DUI, 60-120 days. For aggravated DUI, maximum 2 year prison term.
  • Arizona DUI Fines/Costs: Minimum $500 (plus $1,250 for the prison construction and operations fund and $1,250 for the general fund).
  • – Extreme DUI, a base fine of $500, plus additional assessments of $250 for prison construction and operations fund and $1250 for general fund.
  • Jail costs: An 80% surcharge on the base fine is levied on each DUI offense.
  • Arizona License Revocation: 1 year revocation both DUI and extreme DUI levels. For aggravated DUI, 3 years revocation.
  • Vehicle Impound: If driving privilege is suspended, yes.
  • Vehicle Forfeiture: Yes for aggravated DUIs.
  • Arizona Probation: Up to 5 years (informal, may not be supervised), 10 years for aggravated DUI.
  • Arizona Alcohol Screening/Education and Treatment: Yes.
  • Arizona Ignition Interlock Device: Required for all three offenses.
  • Community Service: May be ordered to perform community service.

DUI (Driving Under the Influence) in Arizona can be prosecuted in one of two ways: either by one’s driving ability being impaired to the slightest degree as the result of consuming alcohol (or other drugs), or by violating the “per se” law, and having a blood alcohol level of .08% or greater within two hours of driving.

  • Beware: you only have 15 days from the date of your arrest to request a MVD hearing. Drunk driving defense is a specialized area. Let one of the qualified DUI LAWS attorneys find a solution to your legal problem if you, or someone you care about, has been arrested for DUI or DWI. Contact a DUI LAWS lawyer near you for a free consultation, or call toll Free at 1.800.DUI.LAWS.

An “extreme” DUI or DWI will be charged where there is a blood alcohol level of .15% or higher within two hours of driving. Minors (those under 21) can be charged with DUI or DWI if they are caught driving with any measurable amount of alcohol in their body.

Arizona DUI / DWI cases are typically misdemeanors, although they may be treated as felonies if

  1. The accused has two or more DUI / DWI priors within 5 years of the current offense (even if the prior drunk driving charges are from another state);
  2. The accused committed the DUI / DWI offense while their driving privileges were suspended or revoked; or
  3. A child under the age of 15 was in the car at the time of the drunk driving offense.

DUI cases are tried to a jury of six people, or to a judge if the accused waives his or her right to a jury trial.

DUI and drunk driving convictions in Arizona will result in different types of punishment and penalties, depending on the type of DUI that was charged, and on the Defendant’s criminal record.

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