D.U.I.

D.U.I.’s are aggressively pursued which means you need an aggressive defense. If you are convicted of a D.U.I. you may lose your driving privileges, be compelled to complete alcohol or drug treatment, complete community service, serve jail time, fines and an ignition interlock installed on any vehicle you operate. Before focusing on the penalties you need to focus on the facts to determine if there is a viable defense.

The stop needs to be evaluated to determine if probable cause exists or if the stop was discriminatory without legal justification. The reports need to be evaluated. The police officer needs to be interviewed to determine if he/she really viewed the events claimed. The police vehicle GPS needs to be inspected. The area needs to be canvassed for witnesses or video cameras which may have observed crucial events. The phlebotomist needs to be interviewed to determine her/his qualifications and the admissibility of the blood draw or dug tests. The testing equipment needs to be inspected and evaluated to determine if it was maintained and calibrated as required. If you are facing a DUI charge defenses are available but you need to have an attorney that understands and knows how the law works. Do not assume that a conviction is inevitable because it IS NOT a foregone conclusion. There are always defenses and options.

Penalties
The crime of DUI carries many different penalties, depending on the circumstance. The possible penalties for a DUI are listed below:

First-time DUI with a BAC of at least 0.08, but less than 0.150

CLASS OF CRIME Class 1 Misdemeanor
MAXIMUM JAIL Six (6) months
MINIMUM JAIL One (1) day [10 days, 9 suspended]
COUNSELING A drug/alcohol screening will be performed. The results of the screening can affect the duration of counseling.
MINIMUM FINE $250 + surcharge
ADDITIONAL FINANCIAL PENALTY $500 to State Prison Fund
PROBATION 5 years (maximum)

Driver’s License Consequences

SUSPENSION 90 days (work permit after 30 days)
INTERLOCK DEVICE Required

Second-time DUI (with a valid license) within sixty (60) months

CLASS OF CRIME Class 1 Misdemeanor
MAXIMUM JAIL Six (6) months
MINIMUM JAIL 30 days [90 days, 60 suspended]
COUNSELING A drug/alcohol screening will be performed. The results of the screening can affect the duration of counseling.
MINIMUM FINE $500 + surcharge
ADDITIONAL FINANCIAL PENALTY $1250 to State Prison Fund
PROBATION 5 years (maximum)
Driver’s License Consequences
SUSPENSION 1 year revocation
INTERLOCK DEVICE Required

First-time Extreme DUI

CLASS OF CRIME Class 1 Misdemeanor
MAXIMUM JAIL Six (6) months
MINIMUM JAIL 30 days
COUNSELING A drug/alcohol screening will be performed. The results of the screening can affect the duration of counseling.
MINIMUM FINE $250 + surcharge
ADDITIONAL FINANCIAL PENALTY $250 assessment to the Arizona DUI Abatement Fund; additional $1000 to State Prison Fund.
PROBATION 5 years (maximum)

Driver’s License Consequences

SUSPENSION 90 days (work permit after 30 days)
INTERLOCK DEVICE Required

Second-time Extreme DUI

CLASS OF CRIME Class 1 Misdemeanor
MAXIMUM JAIL Six (6) months
MINIMUM JAIL 120 days
COUNSELING A drug/alcohol screening will be performed. The results of the screening can affect the duration of counseling.
MINIMUM FINE $500 + surcharge
ADDITIONAL FINANCIAL PENALTY $250 assessment to the Arizona DUI Abatement Fund. (Additional $1000 assessment for arrests after March 13, 2004.)
PROBATION 5 years (maximum)

Driver’s License Consequences

SUSPENSION 1 year revocation
INTERLOCK DEVICE Required

Aggravated DUI (Felony)

CLASS OF CRIME Class 4 Felony
MAXIMUM JAIL 2.5 years
MINIMUM JAIL 4 months in the Department of Correction
COUNSELING A drug/alcohol screening will be performed. The results of the screening can affect the duration of counseling.
MINIMUM FINE $750 + surcharge
ADDITIONAL FINANCIAL PENALTY $250 assessment to the Arizona DUI Abatement Fund; additional $1500 assessment
PROBATION First-time felony DUI charges are eligible for probation (10 years)

Driver’s License Consequences

SUSPENSION 3 year revocation
INTERLOCK DEVICE Required

D.U.I.

D.U.I.’s are aggressively pursued which means you need an aggressive defense. If you are convicted of a D.U.I. you may lose your driving privileges, be compelled to complete alcohol or drug treatment, complete community service, serve jail time, fines and an ignition interlock installed on any vehicle you operate. Before focusing on the penalties you need to focus on the facts to determine if there is a viable defense.

The stop needs to be evaluated to determine if probable cause exists or if the stop was discriminatory without legal justification. The reports need to be evaluated. The police officer needs to be interviewed to determine if he/she really viewed the events claimed. The police vehicle GPS needs to be inspected. The area needs to be canvassed for witnesses or video cameras which may have observed crucial events. The phlebotomist needs to be interviewed to determine her/his qualifications and the admissibility of the blood draw or dug tests. The testing equipment needs to be inspected and evaluated to determine if it was maintained and calibrated as required. If you are facing a DUI charge defenses are available but you need to have an attorney that understands and knows how the law works. Do not assume that a conviction is inevitable because it IS NOT a foregone conclusion. There are always defenses and options.

Penalties
The crime of DUI carries many different penalties, depending on the circumstance. The possible penalties for a DUI are listed below:

First-time DUI with a BAC of at least 0.08, but less than 0.150

CLASS OF CRIME Class 1 Misdemeanor
MAXIMUM JAIL Six (6) months
MINIMUM JAIL One (1) day [10 days, 9 suspended]
COUNSELING A drug/alcohol screening will be performed. The results of the screening can affect the duration of counseling.
MINIMUM FINE $250 + surcharge
ADDITIONAL FINANCIAL PENALTY $500 to State Prison Fund
PROBATION 5 years (maximum)

Driver’s License Consequences

SUSPENSION 90 days (work permit after 30 days)
INTERLOCK DEVICE Required

Second-time DUI (with a valid license) within sixty (60) months

CLASS OF CRIME Class 1 Misdemeanor
MAXIMUM JAIL Six (6) months
MINIMUM JAIL 30 days [90 days, 60 suspended]
COUNSELING A drug/alcohol screening will be performed. The results of the screening can affect the duration of counseling.
MINIMUM FINE $500 + surcharge
ADDITIONAL FINANCIAL PENALTY $1250 to State Prison Fund
PROBATION 5 years (maximum)
Driver’s License Consequences
SUSPENSION 1 year revocation
INTERLOCK DEVICE Required

First-time Extreme DUI

CLASS OF CRIME Class 1 Misdemeanor
MAXIMUM JAIL Six (6) months
MINIMUM JAIL 30 days
COUNSELING A drug/alcohol screening will be performed. The results of the screening can affect the duration of counseling.
MINIMUM FINE $250 + surcharge
ADDITIONAL FINANCIAL PENALTY $250 assessment to the Arizona DUI Abatement Fund; additional $1000 to State Prison Fund.
PROBATION 5 years (maximum)

Driver’s License Consequences

SUSPENSION 90 days (work permit after 30 days)
INTERLOCK DEVICE Required

Second-time Extreme DUI

CLASS OF CRIME Class 1 Misdemeanor
MAXIMUM JAIL Six (6) months
MINIMUM JAIL 120 days
COUNSELING A drug/alcohol screening will be performed. The results of the screening can affect the duration of counseling.
MINIMUM FINE $500 + surcharge
ADDITIONAL FINANCIAL PENALTY $250 assessment to the Arizona DUI Abatement Fund. (Additional $1000 assessment for arrests after March 13, 2004.)
PROBATION 5 years (maximum)

Driver’s License Consequences

SUSPENSION 1 year revocation
INTERLOCK DEVICE Required

Aggravated DUI (Felony)

CLASS OF CRIME Class 4 Felony
MAXIMUM JAIL 2.5 years
MINIMUM JAIL 4 months in the Department of Correction
COUNSELING A drug/alcohol screening will be performed. The results of the screening can affect the duration of counseling.
MINIMUM FINE $750 + surcharge
ADDITIONAL FINANCIAL PENALTY $250 assessment to the Arizona DUI Abatement Fund; additional $1500 assessment
PROBATION First-time felony DUI charges are eligible for probation (10 years)

Driver’s License Consequences

SUSPENSION 3 year revocation
INTERLOCK DEVICE Required
October 23, 2017 | Comments Off on D.U.I.