Driving under the influence, or DUI, is a crime that is taken very seriously in Arizona. The penalties for a DUI conviction can have a dramatic effect on an individual’s life. The courts will consider various factors when sentencing to ensure a fair and appropriate punishment, including the circumstances surrounding the case and the defendant’s criminal history.
Blood Alcohol Content (BAC)
A driver’s registered blood alcohol content (BAC) at the time of arrest can contribute to sentencing by determining the classification of the DUI crime. In Arizona, being found in actual physical control of a motor vehicle within two hours of registering a BAC at or below the legal limit of 0.08 percent can result in a standard driving under the influence charge.
A BAC of 0.15 to 0.20 is known as an extreme DUI, while a BAC of 0.20 or more is a super extreme DUI. Extreme and super extreme DUIs are penalized more harshly. For example, a first-offense DUI can come with a 10-day sentence and a $1,250 fine, while a first-offense extreme DUI is punishable with a 30-day minimum sentence and a $2,500 fine.
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Prior DUI Convictions
Repeat DUI offenders can face more severe penalties than first-time offenders in Arizona. If an individual is found guilty of driving under the influence for a third or subsequent time within 84 months, the type of criminal charge is increased from a misdemeanor to a felony.
Under state law, a first-offense DUI is punishable with no less than 10 consecutive days in jail, while a second or subsequent offense is punishable with no less than 90 days. The fines are also raised from a minimum of $1,250 to $3,000. The amount of time that a convicted driver’s license is suspended or revoked can also increase.
Aggravating Circumstances
An aggravated DUI means an individual is guilty of driving under the influence of drugs or alcohol along with one or more aggravating circumstances, or factors that make the crime more severe in the eyes of the law. Examples of aggravating circumstances are:
- Committing a DUI on a suspended, revoked or canceled driver’s license.
- Committing a third or subsequent DUI offense within 84 months.
- Committing a DUI while a child under the age of 15 is in the vehicle.
- Committing a DUI while under an ignition interlock device requirement.
- Committing a DUI involving a car accident with property damage or bodily injury.
An aggravated DUI in Arizona is subject to a harsher sentence. An individual may be sent to prison for up to two years if convicted, along with driver’s license revocation for one year, mandatory driving and alcohol courses, and community restitution.
Mitigating Factors
Just as some factors and circumstances can enhance an individual’s DUI charge and related penalties, others can diminish or reduce them. These are known as mitigating factors. If mitigating factors exist to help explain the driver’s behaviors, a judge may take these into consideration to apply a minimum sentence.
Mitigating factors can include a clean driving record or criminal history, the defendant’s age, a BAC below or just at the 0.08 percent limit, a DUI due to a lawfully prescribed medication, a willingness to complete a substance abuse program, or extenuating circumstances such as being a military veteran.
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How a DUI Defense Attorney Can Help
Several factors can influence the sentencing for a DUI conviction in Arizona. An experienced Scottsdale Criminal Defense Attorney can help you seek the lightest possible punishment. Your lawyer can craft a defense strategy for a positive case outcome, such as dismissal or acquittal, or negotiate with the prosecution for a plea deal, alternative sentence, or reduced penalties based on the circumstances of your case. To learn more about DUI defense, contact the Law Offices of John Phebus for a free consultation.
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If you would like to discuss options on your case and how we can provide legal help, contact The Law Offices of John Phebus Glendale Criminal and Personal Injury Lawyer today and connect with one of our highly experienced Glendale criminal defense attorneys.
John Allen Phebus – Experienced Personal Injury & Criminal Defense Attorney
John Phebus is a seasoned attorney specializing in personal injury and criminal defense law. With a focus on DUI defense, vehicular crimes, and serious injury cases, John has been fiercely advocating for his clients, ensuring they receive the representation and compensation they deserve. His expertise and dedication have led to numerous successful outcomes. If you’re seeking a knowledgeable and passionate attorney who will fight for your rights, John Phebus is here to help.
Years of experience: +30 years
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Daniel Hall
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The Law Offices of John Phebus, and in particular my Lawyer Roland Rillos are a Very trustworthy and capable law firm. It’s never pleasant to need a lawyer – but I would highly recommend Roland. He was informative every step of the way, always available, and very upfront about costs. Their payment options made it very affordable. If you need legal help I highly recommend them
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