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 seventy-four (74) 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 |