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Arizona DUI Penalty Chart

| Trevor R. Hill
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Driving under the influence (DUI) is a severe offense in Arizona, with penalties that escalate based on the severity of the offense and the number of prior convictions. Arizona’s DUI penalties are among the strictest in the United States, reflecting the state’s commitment to deterring impaired driving. 

At the Law Office of Trevor Hill, our seasoned DUI lawyer Tucson will fight to get your Arizona drunk driving penalties and charges dropped or minimized as far as possible. Call us to schedule a free case evaluation, or visit us online to learn more about us

Standard DUI: First Offense Penalties

A Standard DUI in Arizona is defined as operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. For commercial drivers, the threshold is lower at 0.04%, and for drivers under the age of 21, any detectable BAC can lead to a DUI charge. The DUI penalty chart in Arizona outlines the potential penalties for a first offense, which are classified as Class 1 misdemeanor DUIs.

Arizona DUI Penalties for a First Offense Standard DUI

  • Jail Time: A minimum of 10 days in jail, of which 9 days may be suspended if the offender completes a court-ordered alcohol education or treatment program.
  • Fines and Fees: The total cost, including penalties and surcharges, can exceed $1,500. This amount includes a base fine of $250, an additional $500 assessment for a DUI abatement fund, and another $500 assessment for the prison construction fund.
  • License Suspension: The offender’s driver’s license will be suspended for 90 days. After 30 days, a restricted license may be issued, allowing driving to and from work or school.
  • Ignition Interlock Device (IID): Mandatory installation of an IID for 12 months following the reinstatement of driving privileges.
  • Additional Penalties: The court may also impose community service, probation, and mandatory alcohol education or treatment.

Extreme DUI: First Offense Penalties

An Extreme DUI is charged when a driver’s BAC is 0.15% or higher but less than 0.20%. Arizona DUI fines and penalties for an extreme DUI are more severe.

Penalties for a First Offense Extreme DUI

  • Jail Time: A minimum of 30 days in jail, with no possibility of suspension of the sentence. However, some courts may allow for home detention after serving 20% of the jail term. Notably, the DUI incarceration costs (jail costs) will have to be borne by the person serving jail time.
  • Fines and Fees: The total financial penalty can exceed $2,700. This includes a $250 base fine, a $500 DUI abatement fee, a $1,000 assessment for the prison construction fund, and another $1,000 assessment for the state general fund.
  • License Suspension: The offender’s driver’s license will be suspended for 90 days, with the possibility of obtaining a restricted license after 30 days.
  • Certified Ignition Interlock Device: Mandatory installation of an IID for 12 months.
  • Additional Penalties: Possible probation, community service, and mandatory alcohol education or treatment.

Super Extreme DUI: First Offense Penalties

A Super Extreme DUI is applicable when a driver’s BAC is 0.20% or higher.

Penalties for a First Offense Super Extreme DUI

  • Jail Time: A minimum of 45 days in jail, with no possibility of a suspended sentence. Home detention may be available after serving 20% of the sentence.
  • Fines and Fees: The financial penalty can exceed $3,200. This includes the same base fine and assessments as an Extreme DUI, with additional fees due to the severity of the offense.
  • License Suspension: The offender’s license will be suspended for 90 days, with the possibility of a restricted license after 30 days.
  • Ignition Interlock Device: Mandatory installation of an IID for 18 months.
  • Additional Penalties: Probation, community service, and mandatory alcohol education or treatment may also be required.

Second Offense Penalties

The penalties for a second DUI offense within 84 months (7 years) of the first offense increase significantly under Arizona DUI laws.

Penalties for a Second Offense Standard DUI

  • Jail Time: A minimum of 90 days in jail, with at least 30 days to be served consecutively. The remaining jail time may be suspended upon completion of alcohol education or treatment programs.
  • Fines and Fees: The total financial penalty can exceed $3,500. This includes a $500 base fine, a $1,250 assessment for the DUI abatement fund, and a $1,250 assessment for the state general fund.
  • License Revocation: The offender’s license will be revoked for one year.
  • Ignition Interlock Device: Mandatory installation of an IID for 24 months.
  • Additional Penalties: The offender may also be subject to probation, community service, and mandatory alcohol education or treatment.

Penalties for a Second Offense Extreme DUI

  • Jail Time: A minimum of 120 days in jail, with at least 60 days served consecutively.
  • Fines and Fees: The financial penalty can exceed $3,700.
  • License Revocation: License revocation for one year.
  • Ignition Interlock Device: IID installation is required for 24 months.
  • Additional Penalties: Similar to those for a second standard DUI, with potential probation and mandatory treatment.

Penalties for a Second Offense Super Extreme DUI

  • Jail Time: A minimum of 180 days in jail, with at least 90 days served consecutively.
  • Fines and Fees: The financial penalty can exceed $4,600.
  • License Revocation: License revocation for one year.
  • Ignition Interlock Device: IID installation is required for 24 months.
  • Additional Penalties: The same additional penalties apply as with a second standard or extreme DUI.

Aggravated DUI in Arizona

An aggravated DUI is classified as a Class 4 felony in Arizona. The penalties for an aggravated DUI in Arizona are much harsher than those for a standard DUI due to the felony classification. A felony conviction also carries long-term DUI consequences in Arizona, including loss of certain civil rights (such as the right to vote and possess firearms), difficulty obtaining employment, and challenges in securing housing.

What Constitutes an Aggravated DUI in Arizona?

An aggravated DUI occurs when certain aggravating circumstances are present at the time of the offense. In Arizona, a DUI is classified as aggravated under the following conditions:

  1. Third DUI Within 84 Months (7 Years):
    • If an individual is convicted of a third DUI within 84 months of the previous DUI convictions, it is classified as an aggravated DUI. The state counts both standard and extreme DUIs toward this total.
  2. DUI While Driving on a Suspended, Revoked, or Canceled License:
    • Operating a vehicle under the influence while your driver’s license is suspended, revoked, or canceled automatically escalates the offense to an aggravated DUI.
  3. DUI with a Passenger Under the Age of 15:
    • Driving under the influence with a minor under 15 years old in the vehicle is considered an aggravated DUI. This is due to the increased risk posed to the child.
  4. DUI While Ignition Interlock Device is Installed:
    • If a person is required to have an ignition interlock device (IID) installed due to a previous DUI and is caught driving under the influence, it is classified as an aggravated DUI.
  5. DUI That Causes Serious Injury or Death:
    • If a DUI results in an accident that causes serious physical injury or death, it is classified as an aggravated DUI, and the offender may face additional charges such as aggravated assault or manslaughter.

Penalties for Aggravated DUI in Arizona

  • Prison Time: A minimum of 4 months in state prison, with no possibility of suspension or home detention.
  • Fines and Fees: The financial penalty for aggravated DUI offenses can exceed $4,000.
  • License Revocation: The offender’s license will be revoked for one year.
  • Ignition Interlock Device: Mandatory IID installation for 24 months upon license reinstatement.
  • Felony Conviction: A felony DUI conviction carries long-term consequences, including loss of civil rights (e.g., voting rights), difficulty securing employment, and restrictions on firearm ownership.
  • Probation: The offender will be placed on probation for up to 10 years, with mandatory alcohol education, alcohol abuse screening and treatment, and community service.
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Potential Legal Defenses Our Tucson DUI attorney Will Use 

At the Law Office of Trevor Hill, we understand the profound implications that a DUI charge can have on your life. However, a DUI charge does not necessarily have to result in a conviction. Our experienced DUI lawyer Tucson, will thoroughly examine your case and use every possible DUI defense to challenge the charges against you. 

Lack of Reasonable Suspicion for the Traffic Stop

In Arizona, law enforcement must have reasonable suspicion that a crime or traffic violation has occurred before they can legally pull you over. If the police did not have a valid reason to stop you, any evidence obtained after the stop, including evidence of DUI, may be inadmissible in court. This could lead to a dismissal of your charges.

Lack of Probable Cause for Arrest

Even if the police had reasonable suspicion to stop you, they must have probable cause to arrest you for DUI. Probable cause means that the officer had sufficient evidence to believe that you were driving under the influence. If the officer lacked probable cause, your arrest may be unlawful, and the charges against you could be dismissed.

Challenging the Field Sobriety Tests

Police officers commonly use field sobriety tests (FSTs) to determine whether a driver is impaired. However, these tests are subjective and can be influenced by factors unrelated to alcohol or drug use, such as medical conditions, fatigue, or even poor weather conditions. Our attorney may challenge the accuracy and administration of these tests, arguing that the results are not reliable indicators of impairment.

Contesting the Breathalyzer Test Results

Breathalyzer tests are often used to measure blood alcohol concentration (BAC), but they could be more foolproof. Several factors can affect the accuracy of breathalyzer results, including:

  • Improper Calibration: Breathalyzers must be regularly calibrated and maintained to ensure accurate readings. If the device was correctly calibrated, the results could be correct.
  • User Error: The officer administering the test must follow specific procedures. These procedures must be revised to ensure accurate results.
  • Mouth Alcohol: Residual alcohol in the mouth from recent consumption or medical conditions can lead to falsely elevated BAC readings.

Our attorney will scrutinize the breathalyzer test results and the procedures followed to ensure they meet legal standards. If any discrepancies are found, we can exclude the results from the evidence.

Blood Test Errors and Chain of Custody Issues

In some cases, blood tests are used to determine BAC or the presence of drugs. However, blood test results can be challenged on various grounds, such as:

  • Improper Collection or Storage: Blood samples must be collected, stored, and transported according to strict protocols. Any deviation from these protocols can compromise the integrity of the sample.
  • Contamination: If the blood sample was contaminated or mixed up with another sample, the results could be invalid.
  • Chain of Custody: The prosecution must establish an unbroken chain of custody for the blood sample. If there are gaps or errors in the chain of custody, the evidence may be inadmissible.

Our legal team will thoroughly investigate the handling of your blood sample and look for any issues that could invalidate the results.

Medical Conditions and Prescription Medications

Medical conditions such as acid reflux, diabetes, or neurological disorders can affect breathalyzer and field sobriety test results and lead to false positive test results. Some medications may also cause side effects that are mistaken for impairment. Our attorney will review your medical history and any medications you were taking at the time of the arrest to determine if they may have contributed to the DUI charge. If so, we can present this information as part of your defense.

Rising BAC Defense

Alcohol takes time to absorb into the bloodstream, and your BAC may continue to rise even after you have stopped drinking. This means that your BAC at the time of the breathalyzer test could be higher than it was when you were actually driving. Our attorney may use this defense to argue that your BAC was below the legal limit while you were operating the vehicle, challenging the timing of the BAC measurement.

Our Tucson DUI lawyer Will Aggressively Defend You 

At the Law Office of Trevor Hill, we are committed to providing a robust defense for our clients facing DUI charges in Arizona. We understand that every case is unique, and we will build our defense strategy according to the specific circumstances of your situation. Our goal is to protect your rights, challenge the evidence against you, and achieve the best possible outcome for your case. To schedule your free consultation, call us at 520-231-2814 or contact us online.  

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