Driving under the influence is a preventable crime that can have devastating consequences. Arizona has the nation’s strictest DUI laws to help combat these effects. But even with these restrictions in place, it would be impossible for law enforcement officers to catch every single impaired driver every single time they get on the road. For most defendants who face prosecution for Driving Under the Influence, there were likely several instances of impaired driving before they were actually arrested and charged with a criminal offense. It is estimated that most DUI defendants have driven drunk at least 80 times before getting caught. This isn’t a hard and fast rule- there have been plenty of DUI defendants who are unlucky enough to cause an accident or be pulled over their first time driving while under the influence. Don’t assume that a first-time DUI offense in Arizona will be swept under the rug. Having skilled defense representation could be the factor that impacts your case’s final result. That’s why retaining an experienced criminal defense firm to fight Arizona DUI charges is the best investment you can make in yourself. Learn more about My AZ Lawyers and our successful law team by calling 480-263-1699 to schedule your free consultation.
Penalties For First-Time DUI Offenders In Arizona
Penalties For First-Time DUI Offenders In ArizonaArizona’s DUI laws are notorious for being strict on all DUI defendants, including first-time offenders. First of all, Arizona, like many other states, presumes drivers to be under the influence if their BAC is at .08 or higher at the time of the arrest. A driver can also be arrested for DUI- impaired to the slightest degree if their BAC is .05 or higher and the officer determines that they are under the influence. This makes it possible for some drivers to be too impaired to drive after just one or two alcoholic beverages.
Another factor that makes Arizona’s DUI laws strict is that even first-time offenders must serve jail time after conviction. The minimum jail sentence is 10 days, but 9 of those days can be commuted with a strong defense. The minimum penalties also increase if the driver is convicted at the Extreme or Super Extreme DUI level. Extreme DUI is a BAC of 0.15 to 0.19, and Super Extreme DUI is a BAC of 0.20 or higher. A first-time DUI conviction will result in a fine of no less than $1,250, and the driver will need to attend drug and alcohol screening and education. The driver will also need to attend a driving course to reinstate their driving privileges, which will be suspended or revoked for a set period of time. One of those is installing an ignition interlock device, which tests a driver’s sobriety before they can start their vehicle. Factors like multiple DUI convictions and high BAC can contribute to a longer period of mandated IID use.
Have you recently been arrested for driving under the influence in the state of Arizona? You may know people in other states who received a slap on the wrist after a DUI arrest, but things can proceed much differently here due to our state’s strict DUI laws. You should start working on your defense case as soon as possible after a DUI arrest to help mitigate the harsh consequences you may face. If you are seeking a skilled private defense attorney to fight the charges against you, contact our firm for your free consultation at 480-263-1699.
What Happens If The Defendant Is Charged With Subsequent DUI Offenses?
Arizona’s criminal laws recognize that many times, driving under the influence is a habitual offense. Judges can consider prior criminal offenses of all types when deciding how to penalize a defendant convicted of a crime. But there are also specific guidelines for defendants who have been convicted of multiple impaired driving offenses. The jail sentence for a second DUI offense in Arizona shoots up to 30-90 days. For a third DUI, the minimum sentence is 4 months. Aggravated DUI sentencing may also apply. Other penalties like licensing restrictions, fines, and community service will be higher across the board for subsequent DUI offenses. Harsher penalties means you should fight your charges more vigorously than with previous convictions. Get started with your consultation with our firm today for free- call 480-263-1699.
Aggravated DUI (Felony DUI)
The most serious penalties will come to drivers who are arrested for DUI three or more times within 84 months, or 7 years. This is one of the factors that takes a misdemeanor DUI offense to an aggravated felony DUI. A defendant can also be charged with felony DUI if they are arrested with a passenger younger than 15 years old, while driving on a suspended or restricted driver’s license, with an ignition interlock device installed or ordered to be installed, or while driving the wrong direction on a highway. The minimum prison sentence for an aggravated DUI in Arizona is 4 months, but it can be much higher based on the surrounding circumstances. Probation after release for this offense can range from 4 months to 2 years. The defendant will be ordered to pay at least $4,000 in fines and assessments if convicted of aggravated DUI in Arizona. Upon reinstatement of their driving privileges, the driver will be ordered to keep an ignition interlock device installed in their vehicle for at least 12 months. Aggravated DUI can be charged as a class 4 or class 6 felony. Either way, a felony conviction in Arizona can mean the loss of certain privileges and civil rights, as well as difficulty passing background checks and being approved on applications.
Should I Refuse To Take a Breathalyzer Test?
It may seem like refusing to take a breathalyzer test would be a good strategy to avoid a high BAC reading if pulled over by a police officer while driving. However, refusing a breathalyzer doesn’t often help a driver avoid a DUI arrest, and comes with its own serious consequences. Arizona is an implied consent state, which means that everyone that operates a motor vehicle within state borders has agreed to give proof of sobriety in exchange for that privilege. A driver who refuses a breathalyzer test will automatically have their driver’s license suspended 14 days after the refusal. The suspension lasts 1 year for a first refusal and 2 years for a subsequent refusal. Looking for representation from the criminal and administrative proceedings resulting from a breathalyzer refusal and DUI arrest? Start your search for Arizona’s leading choice for skilled criminal defenders offering free consultations by phone. Call 480-263-1699 to get started today.
Fight Arizona DUI Charges With Our Top-Notch Defense Attorneys
There are plenty of defense tactics you can use against Arizona DUI charges, with their effectiveness varying based on a defendant’s specific circumstances surrounding their arrest. An Arizona DUI conviction can change the direction of an upward trajectory and make stress and financial problems worse. We can help you resolve your charges in the most strategic way possible given your unique situation. Contact us for your free consultation by phone by calling 480-263-1699.
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