DUI

DUI Charges in Arizona

Impaired to Slightest Degree

Under A.R.S. § 28-1381 (A)(1), it is unlawful for a person to drive or be in actual physical control of a vehicle while under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree. Driving impaired to the slightest degree is a class 1 misdemeanor. The punishment for driving impaired to the slightest degree is statutorily defined under A.R.S. § 28-1381 (I):

A person who is convicted of a violation of this section:

  1. Shall be sentenced to serve not less than ten (10) consecutive days in jail and is not eligible for probation or suspension of execution of sentence unless the entire sentence is served.
  2. Shall pay a fine of not less than $250.
  3. May be ordered by a court to perform community restitution.
  4. Shall pay an additional assessment of $500. 5. Shall pay an additional assessment of $500.
  5. Shall be required by the department, on report of the conviction, to equip any motor vehicle the person operates with a certified ignition interlock device pursuant to § 28-3319. In addition, the court may order the person to equip any motor vehicle the person operates with a certified ignition interlock device for more than twelve months beginning on the date of reinstatement of the person’s driving privilege following a suspension or revocation or on the date of the department’s receipt of the report of conviction, whichever occurs later.

Notwithstanding the statutory sentencing requirements, at the time of sentencing the judge may suspend all but one day of the sentence if the person completes a court ordered alcohol or other drug screening, education or treatment program. If the person fails to complete the court ordered alcohol or other drug screening, education or treatment program and has not been placed on probation, the court shall issue an order to show cause to the defendant as to why the remaining jail sentence should not be served.

Penalties for driving while impaired to the slightest degree can be more severe depending on the Defendant’s previous DUI history. Facing DUI charges in Phoenix? Contact us today for a free consultation.

Driving under the influence of drugs

Under A.R.S. § 28-1381 (A)(3), it is unlawful for a person to drive or be in actual physical control of a vehicle while there is any drug defined in § 13-3401 or its metabolite in the person’s body. Driving under the influence of drugs is a class 1 misdemeanor. The punishment for driving under the influence of drugs is statutorily defined under A.R.S. § 28-1381 (I):

A person who is convicted of a violation of this section:

  1. Shall be sentenced to serve not less than ten (10) consecutive days in jail and is not eligible for probation or suspension of execution of sentence unless the entire sentence is served.
  2. Shall pay a fine of not less than $250.
  3. May be ordered by a court to perform community restitution.
  4. Shall pay an additional assessment of $500.
  5. Shall pay an additional assessment of $500.
  6. Shall be required by the department, on report of the conviction, to equip any motor vehicle the person operates with a certified ignition interlock device pursuant to § 28-3319. In addition, the court may order the person to equip any motor vehicle the person operates with a certified ignition interlock device for more than twelve months beginning on the date of reinstatement of the person’s driving privilege following a suspension or revocation or on the date of the department’s receipt of the report of conviction, whichever occurs later.

Notwithstanding the statutory sentencing requirements, at the time of sentencing the judge may suspend all but one day of the sentence if the person completes a court ordered alcohol or other drug screening, education or treatment program. If the person fails to complete the court ordered alcohol or other drug screening, education or treatment program and has not been placed on probation, the court shall issue an order to show cause to the defendant as to why the remaining jail sentence should not be served.

Penalties for driving while under the influence of drugs can be more severe depending on the Defendant’s previous DUI history. Worried about your DUI charges? Contact us today for a free consultation.

Driving under influence of alcohol

Under A.R.S. § 28-1381 (A)(2), it is unlawful for a person to drive or be in actual physical control of a vehicle if the person has an alcohol concentration of 0.08 or more within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle. Driving under the influence of alcohol is a class 1 misdemeanor. The punishment for driving under the influence of alcohol is statutorily defined under A.R.S. § 28-1381 (I):

A person who is convicted of a violation of this section:

  1. Shall be sentenced to serve not less than ten (10) consecutive days in jail and is not eligible for probation or suspension of execution of sentence unless the entire sentence is served.
  2. Shall pay a fine of not less than $250.
  3. May be ordered by a court to perform community restitution.Drunk Driving in Phoenix
  4. Shall pay an additional assessment of $500.
  5. Shall pay an additional assessment of $500.
  6. Shall be required by the department, on report of the conviction, to equip any motor vehicle the person operates with a certified ignition interlock device pursuant to § 28-3319. In addition, the court may order the person to equip any motor vehicle the person operates with a certified ignition interlock device for more than twelve months beginning on the date of reinstatement of the person’s driving privilege following a suspension or revocation or on the date of the department’s receipt of the report of conviction, whichever occurs later.

Notwithstanding the statutory sentencing requirements, at the time of sentencing the judge may suspend all but one day of the sentence if the person completes a court ordered alcohol or other drug screening, education or treatment program. If the person fails to complete the court ordered alcohol or other drug screening, education or treatment program and has not been placed on probation, the court shall issue an order to show cause to the defendant as to why the remaining jail sentence should not be served.

Penalties for driving while under the influence of alcohol can be more severe depending on the Defendant’s previous DUI history. Arrested for drunk driving? Contact us today for a free consultation.

Extreme DUI

Under A.R.S. § 28-1382, It is unlawful for a person to drive or be in actual physical control of a vehicle if the person has an alcohol concentration of 0.15 or more but less than 0.20 within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle. A person convicted under this statute is guilty of driving under the extreme influence of intoxicating liquor, a class 1 misdemeanor. The punishment for driving under the extreme influence of intoxicating liquor is statutorily defined under A.R.S. § 28-1382 (D):

A person who is convicted of a violation of this section:

  1. Shall be sentenced to serve not less than thirty (30) consecutive days in jail and is not eligible for probation or suspension of execution of sentence unless the entire sentence is served.
  2. Shall pay a fine of not less than $250.
  3. Shall pay an additional assessment of $250.
  4. May be ordered by a court to perform community restitution.
  5. Shall be required by the department, on receipt of the report of conviction, to equip any motor vehicle the person operates with a certified ignition interlock device pursuant to section 28-3319. In addition, the court may order the person to equip any motor vehicle the person operates with a certified ignition interlock device for more than twelve months beginning on the date of reinstatement of the person’s driving privilege following a suspension or revocation or on the date of the department’s receipt of the report of conviction, whichever occurs later.
  6. Shall pay an additional assessment of $1,000.
  7. Shall pay an additional assessment of $1,000.

Notwithstanding the statutory sentencing requirements, at the time of sentencing the judge may suspend all but nine days of the sentence if the person equips any motor vehicle the person operates with a certified ignition interlock device for a period of twelve months. If the person fails to comply with article 5 of this chapter and has not been placed on probation, the court shall issue an order to show cause as to why the remaining jail sentence should not be served.

Penalties for driving while under the extreme influence of intoxicating liquors can be more severe depending on the Defendant’s previous DUI history. Contact us today for a free consultation.

 

DUI arrest in Phoenix

Super Extreme DUI

Under A.R.S. § 28-1382, It is unlawful for a person to drive or be in actual physical control of a vehicle if the person has an alcohol concentration of 0.20 or more within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle. A person convicted under this statute is guilty of driving under the super extreme influence of intoxicating
liquor, a class 1 misdemeanor. The punishment for driving under the extreme influence of intoxicating liquor is statutorily defined under A.R.S. § 28-1382 (D):

A person who is convicted of a violation of this section:

  1. Shall be sentenced to serve not less than forty-five (45) consecutive days in jail and is not eligible for probation or suspension of execution of sentence unless the entire sentence is served.
  2. Shall pay a fine of not less than $500.
  3. Shall pay an additional assessment of $250.
  4. May be ordered by a court to perform community restitution.
  5. Shall be required by the department, on receipt of the report of conviction, to equip any motor vehicle the person operates with a certified ignition interlock device pursuant to section 28-3319. In addition, the court may order the person to equip any motor vehicle the person operates with a certified ignition interlock device for more than twelve months beginning on the date of reinstatement of the person’s driving privilege following a suspension or revocation or on the date of the department’s receipt of the report of conviction, whichever occurs later.
  6. Shall pay an additional assessment of $1,000.
  7. Shall pay an additional assessment of $1,000.

Notwithstanding the statutory sentencing requirements, at the time of sentencing the judge may suspend all but fourteen days of the sentence if the person equips any motor vehicle the person operates with a certified ignition interlock device for a period of twelve months. If the person fails to comply with article 5 of this chapter and has not been placed on probation, the court shall issue an order to show cause as to why the remaining jail sentence should not be served.

Penalties for driving while under the super extreme influence of intoxicating liquors can be more severe depending on the Defendant’s previous DUI history. Contact us today for a free consultation.

Aggravated DUI

Under A.R.S. § 28-1383, a person is guilty of aggravated driving or actual physical control while under the influence of intoxicating liquor or drugs if the person does one or more of four things:

  1. Commits a DUI offense while the person’s driver license or privilege to drive is suspended, canceled, revoked, or refused
  2. Commits a third DUI offense within an eighty-four (84) month period
  3. Commits a DUI offense while a person under fifteen (15) years of age is in the vehicle
  4. Commits a DUI offense while the person’s vehicle is equipped with an ignition interlock device

An aggravated DUI for 1, 2, or 4 is a class 4 felony. An aggravated DUI for 3 is a class 6 felony. Punishments for aggravated DUIs vary depending on the circumstances of the crime; however, each offense carries at least a minimum of four months’ prison time. Additional prison time for any of these offenses depends on the circumstances of the incident and the criminal history of the Defendant. In addition to prison time, a person convicted of aggravated DUI under this section:

  • Shall have their license revoked for at least one year and shall equip any motor vehicle the person operates with an ignition interlock device. In addition, the court may order the person to equip any motor vehicle the person operates with a certified ignition interlock device for more than twenty-four months beginning on the date of reinstatement of the person’s driving privilege following a suspension or revocation or on the date of the department’s receipt of the report of conviction, whichever occurs later
  • In addition to any other penalty prescribed by law, shall be ordered to pay an additional assessment of $250
  • Shall pay a fine of not less than $750
  • In addition to any other penalty prescribed by law, shall be ordered to pay an additional assessment of $1,500

If you are facing DUI charges, you need a reliable attorney. Contact us today for a free consultation.

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