Alcock and Associates is a DUI law firm dedicated to providing the best information for their clients. If you have any questions about your case, please give us a call at any time. Our experienced staff of DUI lawyers would be more than willing to take the time necessary to explain the process. We can help you. The consultation is free. There are no sales pitches and we will not put pressure on you to sign up. You can speak with attorney Stacey Feldman. She was a DUI prosecutor with the Maricopa County Attorney’s Office. She fully understands the law and will be happy to talk. Free consultation: 602-989-5000
Misdemeanor DUI
ARS 28-1381 covers the basics of misdemeanor DUI. A DUI in Arizona is a misdemeanor when the person driving has zero or one prior DUI within seven years. There can be no children in the car at the time of impaired driving. Finally, the person’s license to drive cannot be restricted, suspended or revoked at the time of the driving. Many people think that DUI offenses are always charged as felonies. They are not. Ask a DUI lawyer, and she will tell you that most people believe that that the penalties for DUI offenses are harsher than they actually are. That’s why we developed this website. We want to take the fear and misinformation out of the DUI laws.
Most people arrested for DUI believe that they might lose their job if they cannot work while they are in jail. However, most misdemeanor DUI offenses allow people to be released from jail so that they can attend work or school. Furthermore, prosecutors often allow people to pick a date to start their jail time. Obviously nobody wants to be convicted of a DUI. But the consequences of a first time DUI conviction are usually manageable. Misdemeanor DUIs do carry a maximum penalty of six months in jail. We have heard clients tell us that they were told that they were “facing” six months in jail for a first offense case.
You need to know that a typical first offense where the blood alcohol level is between .08 and .15, the sentence range is 1 to 10 days. For an extreme DUI, where the blood alcohol level is between .15 and .20, the sentence is 30 days or more. A first offense super extreme DUI carries with it a mandatory minimum of 45 days. It isn’t a lie that you are “facing” six months in jail for a first time DUI. However, our DUI lawyers have never seen anyone actually get six months in jail for a first offense regular DUI. Every case is different, but there is no reason you should be scared of something that very rarely happens.
Aggravated DUIs are felony DUIs. Aggravated DUIs are discussed in their own section on this page. Many people confuse the terms “aggravated” and “extreme.” An aggravated DUI actually has nothing to do with your alcohol concentration. Aggravated DUIs are charged if there are children in the car or if the driver has more than two convictions within 7 years or a suspended license. Aggravated DUIs are punishable by prison.
That being said, a qualified Phoenix DUI attorney can help you understand the court system and look for ways to beat your case. If your blood alcohol level is close to any of the legal limits, our experts can usually testify that there is no real scientific certainty to your actual blood concentration. Breath testing devices are quite unreliable. Blood can be retested numerous times to determine if there is a difference in the results. There are many different ways to fight a DUI. As you look at the DUI laws, please don’t hesitate to call our experienced team of DUI attorneys if you have any questions. The call is free: 602-989-5000
EXTREME AND SUPER EXTREME MISDEMEANOR DUI
As Phoenix DUI Attorneys, we have seen incredible changes in the law. Extreme DUI laws are relatively new. Before the invention of these laws, most people received one day in jail, regardless of the level of alcohol in their blood. Now everything has changed.
Extreme DUI is an offense that requires a blood alcohol level of .15 within two hours of driving. The limit for Super extreme DUI is .20. First offense extreme is usually a sentence a 30 days in jail. First offense Super extreme requires a minimum sentence of 45 days. Those sentences are increased to 120 days and 180 days for second offenses within seven years. Dates the driving offenses are committed are used to determine the seven year period. When you actually stood in court with your DUI lawyer is not relevant.
If you have been charged with an extreme DUI, don’t panic. Extreme DUIs are not to be confused with felony “Aggravated DUI.” In many cases, prosecutors will dismiss extreme DUI cases if the blood or breath result is close to the limit. A case charged as an extreme DUI will usually be reduced to a regular DUI is the blood alcohol level is a .151, for example. If you are just a bit over the limit, there are many ways to challenge your case.
Breath testing machines in Arizona are tested to a 10% margin of error. This means that the State could keep a breath testing machine in service if it recorded two significantly different results for a known sample of air. As a result, we can argue that the machine is not accurate enough to convict a person of DUI if that person’s sample is right on the borderline. Many prosecutors agree with this argument.
Our DUI lawyers also have many defenses to extreme DUI. There are ways to win DUI cases by showing that the traffic stop was improper. DUI cases can be dismissed for improper arrests, right to attorney violations, and improper documentation of blood evidence. If you have any questions about extreme DUIs in Arizona, please feel free to call our Arizona DUI law firm today. 602-989-5000.
AGGRAVATED DUI (FELONY DUI)
Our DUI lawyers see the same thing over and over. People get charged with aggravated DUI and they don’t know why. In Arizona, if you are driving on a suspended or restricted license and you are impaired to the slightest degree you can be charged with a felony. A common problem is that people aren’t aware that they need to return to the motor vehicle department to pay a reinstatement fee to “unsuspend” their license. Anyone convicted of a DUI should go to the MVD to request a copy of the record. You want to make sure that there are no suspensions or restrictions on your license.
Aggravated DUI can also be charged for the third DUI offense within 7 years. This charge does not require that the prosecutor prove that your license was suspended. It is similar to “three strikes and you’re out” laws. The law looks to when the offenses occurred, not when you actually were convicted in court.
Aggravated DUI is a lower felony offense when impaired drivers have children under the age of 15 in the car with them. Many people confuse aggravated DUI class 4 felony (license suspension and prior convictions) with aggravated DUI a class 6 felony (kid in car). Driving impaired with a child in the car is a serious offense, but the jail or prison time associated with the crime is much lower. Usually people get the same amount of time in jail as is contained in the misdemeanor requirement.
Our Aggravated DUI attorneys are available to answer any questions that you have about felony DUI cases. We are available for a free consultation in the office or over the phone. Please call 602-989-5000
AGGRAVATED DUI (FORFEITURE OF VEHICLE)
People convicted of Aggravated Felony DUI can have their vehicle forfeited. Please call our DUI attorneys for more information about this Arizona law.
28-1384. Aggravated driving or actual physical control while under the influence; forfeiture of vehicle
- If a person is convicted of violating section 28-1383, the court, in addition to any other penalty imposed by law, shall order the motor vehicle owned and operated by the person at the time of the offense forfeited in the same manner as provided in title 13, chapter 39.
- A vehicle used by a person as a common carrier in the transaction of business as a common carrier is not subject to forfeiture unless it appears that the owner or other person in charge of the vehicle consented to or was privy to a violation described in subsection A of this section.
- Property that is subject to forfeiture and all interests in property that are forfeited under this section shall be disposed of and allocated in the same manner as provided in title 13, chapter 39, except that all monies that are obtained as a result of forfeiture under this section shall be deposited in the state general fund.
INTERLOCK DEVICE AND WORK PERMITS
People convicted of Misdemeanor DUI, Extreme DUI, Super Extreme DUI and Aggravated DUI all have to install a certified ignition interlock device in their vehicles for a period of time ranging from 6 to 24 months. The ignition interlock requirement has recently changed. Before, people convicted of 1st time regular DUI had a 12 month requirement. Now it has been reduced to 6 months. Here are the ignition interlock time periods, broken down by type of DUI.
- 1st Regular Misdemeanor DUI — Interlock Requirement for 6 months
- 1st Extreme Misdemeanor DUI — Interlock Requirement for 12 months
- 1st Super Extreme Misdemeanor DUI — Interlock Requirement for 18 months
- 2nd Regular Misdemeanor DUI — Interlock Requirement for 1 year following license revocation
- 2nd Extreme Misdemeanor DUI — Interlock Requirement for 1 year following license revocation
- 2nd Super Extreme Misdemeanor DUI — Interlock Requirement for 2 years following license revocation
- Aggravated DUI (Class 6 felony kid in car) — Interlock Requirement for 2 years following license revocation
- Aggravated DUI (Class 4 felony) – Interlock Requirement for 2 years following license revocation
LIABILITY FOR DAMAGES DUE TO ACCIDENTS INVOLVING DUI
DRUG AND ALCOHOL SCREENING CLASSES
28-1387. Prior convictions; alcohol or other drug screening, education and treatment; license suspension; supervised probation; civil liability; procedures
- The court shall allow the allegation of a prior conviction or any other pending charge of a violation of section 28-1381, 28-1382 or 28-1383 or an act in another jurisdiction that if committed in this state would be a violation of section 28-1381, 28-1382 or 28-1383 filed twenty or more days before the date the case is actually tried and may allow the allegation of a prior conviction or any other pending charge of a violation of section 28-1381, 28-1382 or 28-1383 or an act in another jurisdiction that if committed in this state would be a violation of section 28-1381, 28-1382 or 28-1383 filed at any time before the date the case is actually tried if this state makes available to the defendant when the allegation is filed a copy of any information obtained concerning the prior conviction or other pending charge. Any conviction may be used to enhance another conviction irrespective of the dates on which the offenses occurred within the eighty-four month provision. For the purposes of this article, an order of a juvenile court adjudicating a person delinquent is equivalent to a conviction.
- In addition to any other penalties prescribed by law, the judge shall order a person who is convicted of a violation of section 28-1381, 28-1382 or 28-1383 to complete alcohol or other drug screening that is provided by a facility approved by the department of health services or a probation department. If a judge determines that the person requires further alcohol or other drug education or treatment, the person may be required pursuant to court order to obtain alcohol or other drug education or treatment under the court’s supervision from an approved facility. The judge may review an education or treatment determination at the request of the state, the defendant or the probation officer or on the judge’s initiative. The person shall pay the costs of the screening, education or treatment unless, after considering the person’s ability to pay all or part of the costs, the court waives all or part of the costs. If a person is referred to a screening, education or treatment facility, the facility shall report to the court whether the person has successfully completed the screening, education or treatment program. The court may accept evidence of a person’s completion of an alcohol or other drug screening, education or treatment program pursuant to section 28-1445 as sufficient to meet the requirements of this section or section 28-1381, 28-1382 or 28-1383 or may order the person to complete additional alcohol or other drug screening, education or treatment programs. If a person has previously been ordered to complete an alcohol or other drug screening, education or treatment program pursuant to this section, the judge shall order the person to complete an alcohol or other drug screening, education or treatment program unless the court determines that alternative sanctions are more appropriate.
- After a person who is sentenced pursuant to section 28-1381, subsection I has served twenty-four consecutive hours in jail or after a person who is sentenced pursuant to section 28-1381, subsection K or section 28-1382, subsection D or E has served forty-eight consecutive hours in jail and after the court receives confirmation that the person is employed or is a student, the court may provide in the sentence that the defendant, if the defendant is employed or is a student and can continue the defendant’s employment or schooling, may continue the employment or schooling for not more than twelve hours a day nor more than five days a week. The person shall spend the remaining day, days or parts of days in jail until the sentence is served and shall be allowed out of jail only long enough to complete the actual hours of employment or schooling.
- Unless the license of a person convicted under section 28-1381 or 28-1382 has been or is suspended pursuant to section 28-1321 or 28-1385, the department on receipt of the abstract of conviction of a violation of section 28-1381 or 28-1382 shall suspend the license of the affected person for not less than ninety consecutive days.
- When the department receives notification that the person meets the criteria provided in section 28-1385, subsection G, the department shall suspend the driving privileges of the person for not less than thirty consecutive days and shall restrict the driving privileges of the person for not less than sixty consecutive additional days to travel between any of the following:
- The person’s place of employment and residence and during specified periods of time while at employment.
- The person’s place of residence and the person’s secondary or postsecondary school, according to the person’s employment or educational schedule.
- The person’s place of residence and a screening, education or treatment facility for scheduled appointments.
- The person’s place of residence and the office of the person’s probation officer for scheduled appointments.
- If a person is placed on probation for violating section 28-1381 or 28-1382, the probation shall be supervised unless the court finds that supervised probation is not necessary or the court does not have supervisory probation services.
- Any political subdivision processing or using the services of a person ordered to perform community restitution pursuant to section 28-1381 or 28-1382 does not incur any civil liability to the person ordered to perform community restitution as a result of these activities unless the political subdivision or its agent or employee acts with gross negligence.
- If a person fails to complete the community restitution ordered pursuant to section 28-1381, subsection K or section 28-1382, subsection E, the court may order alternative sanctions if the court determines that alternative sanctions are more appropriate.
- Except for another violation of this article, the state shall not dismiss a charge of violating any provision of this article unless there is an insufficient legal or factual basis to pursue that charge.
BLOOD AND BREATH TESTING REGULATIONS
WAIVER OF FINE
ABILITY FOR POLICE TO OBTAIN MEDICAL BLOOD SAMPLES
DUI FINES (Minimums, not including cost of confinement)
- 1st Regular Misdemeanor DUI — $1,500
- 1st Extreme Misdemeanor DUI — $2,750
- 1st Super Extreme Misdemeanor DUI — $3,210
- 2nd Regular Misdemeanor DUI — $3,460
- 2nd Extreme Misdemeanor DUI — $3,710
- 2nd Super Extreme Misdemeanor DUI — $4,380
- Aggravated DUI (Class 6 felony kid in car) — $4,670
- Aggravated DUI (Class 4 felony) – $4,670
DRIVERS LICENSE SUSPENSIONS AND REVOCATIONS
- 1st Regular Misdemeanor DUI — License Suspension 30 days, 60 days to and from work/school
- 1st Extreme Misdemeanor DUI — License Suspension 30 days, 60 days to and from work/school
- 1st Super Extreme Misdemeanor DUI — License Suspension 30 days, 60 days to and from work/school
- 2nd Regular Misdemeanor DUI — One year license revocation
- 2nd Extreme Misdemeanor DUI — One year license revocation
- 2nd Super Extreme Misdemeanor DUI — One year license revocation
- Aggravated DUI (Class 6 felony kid in car) — license revocation
- Aggravated DUI (Class 4 felony) – 3 year license revocation
