Arizona DUI Penalties

First and second drunk driving offenses are considered a class 1 Misdemeanor if there are no extenuating circumstances. Effective September 21, 2006, three offenses received within 84 months (seven years) is a class 4 felony. In all cases, if you refuse to submit to a blood alcohol test, you will receive an automatic one-year suspension of your license, regardless of the outcome of the criminal charges.

Are you facing a drunk driving charge, an extreme DUI charge, or a charge of driving under the influence of drugs? Contact The Law Offices of John Phebus, immediately. As experienced Arizona DUI penalty defense attorneys, we know the defense strategies to use in order to protect your rights and improve your chances of having the charges dropped or reduced in both misdemeanor and felony cases.

Contact our Peoria or Glendale law offices today to schedule an initial telephone consultation. We represent clients throughout Maricopa County, Pinal County, Yavapai County and Yuma County.

Glendale-Area DUI/DWI Attorneys Protecting You Against Drunk Driving Penalties

Below are the mandatory minimum sentences for various drunk driving charges in the State of Arizona. Actual sentences may vary based on the facts of your case and by judge, jurisdiction, or Prosecutor.

PENALTIES FOR A FIRST DUI OFFENSE

Have you been charged with the following?

  • DUI-Driving Under the Influence of Alcohol and/or Drugs (no BAC required for drugs; BAC of .08 to .149 for alcohol)
  • Driving While Impaired to the Slightest Degree (BAC of .05 to .079)
  • Commercial driver's license holders (BAC of .04 or more)
  • You may receive the following DUI penalties:
    • 10 days in jail - court may require only 1 day with drug/alcohol evaluation and completion of recommended substance abuse treatment program
    • Fines and costs exceeding $1,500
    • 90-day driver's license suspension (30 days no driving, and restricted license possible for the remaining 60 days)
    • Ignition interlock on car for 12 months after license reinstatement or 6 months if eligible or eliminated if medical or employment eligible
    • Probation up to 5 years, possible community service
    • Possible impoundment of your vehicle
    • 8 points assessed against your driving record and required to attend Traffic Survival School
    • Commercial driver's license holders: 1 year disqualification of CDL for first DUI.
  • Extreme DUI (BAC of .15 to .19)
    • 30 days in jail - court may require only 6 days (if Court has a home detention program) with alcohol evaluation and completion of mandatory treatment program)
    • Fines and costs exceeding $2,700
    • 90-day driver's license suspension (30 days no driving, and restricted license possible for the remaining 60 days)
    • Ignition interlock on car for 12 months after license reinstatement or 6 months if eligible eliminated if medical or employment eligible
    • Continuous alcohol monitoring possible for 30 days or more
    • Probation up to 5 years, possible community service
    • Possible impoundment of your vehicle
    • 8 points assessed against your driving record and required to attend Traffic Survival School
    • Commercial driver's license holders: 1 year disqualification of CDL.
  • Super Extreme DUI (BAC of .20 or more)
    • 45 days in jail - court may require only 9 days (if Court has a home detention program) with mandatory alcohol evaluation and completion of recommended treatment program
    • Fines and costs exceeding $3,200
    • 90-day driver's license suspension (30 days no driving, and restricted license possible for the remaining 60 days)
    • Ignition interlock on car for 18 months after license reinstatement or eliminated if medical or employment eligible
    • Continuous alcohol monitoring possible for 30 days or more
    • Probation up to 5 years, possible community service
    • Possible impoundment of your vehicle
    • 8 points assessed against your driving record and required to attend Traffic Survival School
    • Commercial driver's license holders: Second offense in a lifetime-permanent loss of commercial driver's license.

PENALTIES FOR A SECOND DUI OFFENSE

  • DUI, DWI, or Driving While Impaired to Slightest Degree; BAC .05 to .079 or impaired .08 to .149

    • 90 days in jail - court may require only 6 days (if court has a home detention program) with alcohol evaluation and completion of recommended treatment program
    • Fines and costs exceeding $3,400
    • License revoked one year with possible 9 months restricted driver's license with ignition interlock and SR-22
    • Ignition interlock on car for 12 months after license reinstatement or 6 months if eligible or eliminated if medical or employment eligible
    • Probation up to 5 years, minimum of 30 hours of community service
    • Possible impoundment of your vehicle
    • 8 points assessed against your driving record and required to attend Traffic Survival School
    • Commercial driver's license holders: Second offense-permanent loss of commercial driver's license.
  • Second Offense, Extreme DUI (BAC of .15 to .19)

    • 120 days in jail - court may require only 24 days (if court has home detention program) with alcohol evaluation and completion of recommended treatment program
    • Fines and costs exceeding $3,700
    • License revoked one year with possible 9 months restricted driver's license with ignition interlock and SR-22
    • Ignition interlock on car for 12 months after license reinstatement or 6 months if eligible or eliminated if medical or employment eligible
    • Continuous alcohol monitoring possible for 90 days or more
    • Probation up to 5 years, minimum of 30 hours of community service
    • Possible impoundment of your vehicle
    • 8 points assessed against your driving record and required to attend Traffic Survival School
  • Second Offense, Super Extreme DUI (BAC of .20 or more)

    • 180 days in jail - court may require only 36 days (if court has home detention program) with alcohol evaluation and completion of recommended treatment program
    • Fines and costs exceeding $4,400
    • License revoked one year with possible 9 months restricted driver's license with ignition interlock and SR-22
    • Ignition interlock on car for 2 years after license reinstatement or eliminated if medical or employment eligible
    • Continuous alcohol monitoring possible for 90 days or more
    • Probation up to 5 years, minimum of 30 hours of community service
    • Possible impoundment of your vehicle
    • 8 points assessed against your driving record and required to attend Traffic Survival School

OTHER DUI CHARGES

  • Felony DUI / Aggravated DUI: Arizona law considers a DUI as a felony if:
    • It is the person's third DUI within seven years
    • If your driver's license is suspended for any reason
    • If you have an ignition interlock device and you receive a DUI for any reason
    • If you receive a DUI and do not have a required ignition interlock in the vehicle you are driving
    • The DUI occurred while transporting a child under age 15
    • Accident involving serious injuries or death

The minimum sentence for aggravated DUI (class 4 felony) includes:

  • Minimum of 4 months in prison or up to 3.75 years in prison depending on circumstances of your DUI
  • Fines and costs of exceeding $4,600
  • License revoked for 1 year
  • Probation up to 10 years
  • Mandatory drug/alcohol evaluation and treatment program
  • Possible impoundment of your vehicle
  • 8 points assessed against your driving record and required to attend Traffic Survival School
  • DUI Resulting in Injury or Death to Others: A motor vehicle accident, or damage to property may be charged as a felony. Sentencing varies, but the minimum penalties would be same as Aggravated DUI above.
  • Felony DUI / Aggravated DUI with prior felony convictions range from 2.25 years to 15 years in prison depending on number of priors and if they are eligible or not
  • A driver under age 21 who has any alcohol in their system (BAC anything .01 or greater) can be charged with minor consumption and/or an underage DUI.

Contact Our Glendale DUI Defense Attorneys Now

Contact our drunk driving lawyers at The Law Offices of John Phebus to arrange a free 30-minute phone consultation about your situation and the likely Arizona DUI penalties in your case. Call 623-377-7459 or use our online contact form.