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DUI

Your Rights In September 2008 the Arizona State Legislature passed one of the toughest DUI laws in the Country. As a result, if you are stopped by police and you have had something to drink it is important for you to know what you may be facing if the officer conducts a DUI investigation following the stop. Remember, when an officer stops you be courteous but firm. Keep in mind that the officer is not just trying to determine if you are able to drive, the officer is also trying to build evidence to support a case for DUI.

If Stopped for a DUI:

Mandatory Minimums

First Offense Misdemeanor -DUI

First time conviction for being impaired to the slightest degree, alcohol level at or above 0.08%, or having drugs or their metabolites in your urine or blood.

  1. 10 days in jail with all but 24 hours suspended upon successful completion of a substance abuse screening program.
  2. $250 fine plus an 84% surcharge
  3. $500 prison construction fund assessment and $500 DPS fund assessment
  4. Jail incarceration costs
  5. Possible Community Service
  6. Additional action from MVD including but not limited to a license suspension.
  7. Mandatory Alcohol Screening and Counseling

Second Offense Misdemeanor -DUI

Second conviction for being impaired to the slightest degree, alcohol level at or above 0.08%, or having drugs or their metabolites in your urine or blood.

  1. 90 days in jail with 60 days suspended upon successful completion of a substance abuse screening program
  2. $500 fine plus an 84% surcharge
  3. $1250 prison construction fund assessment and $1250 DPS fund assessment
  4. Jail incarceration costs
  5. At least 30 hours of community Service
  6. Additional action from MVD including 1 year license revocation
  7. Installation of an Ignition Interlock Device
  8. Mandatory Alcohol Screening and Counseling

First Offense Misdemeanor - Extreme DUI

First time conviction of of driving with an alcohol level of 0.150% to 0.199%

  1. 30 days in jail
  2. $250 fine plus an 84% surcharge
  3. $1000 prison construction fund assessment, $1000 DPS fund assessment and $250 DUI abatement fund fee
  4. Substance Abuse treatment and counseling
  5. Jail incarceration costs
  6. Possible community service hours
  7. Additional action from MVD including a 1 year license revocation
  8. Installation of an Ignition Interlock Device

Second Offense Misdemeanor - Extreme DUI

Second time conviction of of driving with an alcohol level of 0.150% to 0.199%

  1. 120 days in jail with the first 60 being served consecutively
  2. $500 fine plus an 84% surcharge
  3. $1250 prison construction fund assessment, $1250 DPS fund assessment and $250 DUI abatement fund fee
  4. Substance Abuse counseling
  5. Jail incarceration costs
  6. At least 30 hours of community Service
  7. Additional action from MVD including a 1 year license revocation
  8. Installation of an Ignition Interlock Device

First Offense Misdemeanor - Super Extreme DUI

First time conviction of of driving with an alcohol level of 0.200% or higher

  1. 45 days in jail
  2. $500 fine plus an 84% surcharge
  3. $1000 prison construction fund assessment, $1000 DPS fund assessment and $250 DUI abatement fund fee
  4. Jail incarceration costs
  5. Possible community service hours
  6. Additional action from MVD
  7. Installation of an Ignition Interlock Device
  8. Mandatory Alcohol Screening and Counseling

Second Offense Misdemeanor - Super Extreme DUI

Second time conviction of of driving with an alcohol level of 0.200% or higher

  1. 180 days in jail with the first 90 days being served consecutively
  2. $1000 fine plus an 84% surcharge
  3. $1250 prison construction fund assessment, $1250 DPS fund assessment and $250 DUI abatement fund fee
  4. Jail incarceration costs
  5. At least 30 hours community service
  6. Additional action from MVD including a 1 year license revocation
  7. Installation of an Ignition Interlock Device
  8. Mandatory Alcohol Screening and Counseling

Felony - cited as Aggravated DUI

In Arizona you can be charged with felony DUI if you drive, commit any of the misdemeanor offenses, and any of the following:

  1. Your license or privilege to drive is suspended, revoked, canceled, refused, or restricted in any state
  2. The current DUI represents your third DUI in 7 years
  3. You have a child under the age of 15 in the car, weather you know that the child is under 15 or not
  4. The vehicle you are driving does not have an ignition interlock device installed as required by the MVD

Possible Minimum Penalties for a Felony DUI

  1. 4 months at the Arizona Department of Corrections, with no days suspended
  2. up to 10 years of supervised probation
  3. 3 year license revocation
  4. Installation of an ignition Interlock device
  5. $250 DUI abatement assessment, $750 fine plus 84% surcharge, $1250 prison construction assessment fee, and $1250 DPS general fund assessment fee.

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*The information contained in this website is for informational purposes only and should not be construed to be legal advice. If you want legal advice, contact Chuck today!