Laws Affecting Your Arizona DUI Defense

It is a serious offense if you are caught for DUI, and if you are charged with a DUI or drunk driving you should seek legal help from a DUI attorney. Every year the state of Arizona enacts stronger DUI laws and severe drunk driving penalties. One could lose their driving license, be placed in jail, and fined heavily. Car insurance rates go up and you can end up with a criminal conviction on your record which could negatively impact your employment opportunities. Seeking the help of a DUI lawyer or attorney who focuses on drunk driving defense could make a difference in the outcome of a case.

What is DUI?

Driving Under the Influence is a term which is commonly used to describe a driver being legally intoxicated or impaired while operating a motor vehicle. In Arizona, this is defined as a BAC result of 0.08% or more.

If you are charged with DUI offense in Arizona, there are two things that you need to consider:
 
- Take your drunk driving charge very seriously. The consequences are long lasting for DUI convictions in Arizona. A DUI conviction affects employment and personal freedom.
- You need to hire an experienced DUI lawyer or attorney who has a clear understanding of the Arizona DUI laws and courtroom proceedings. To start fighting your drunk driving case you need to locate an Arizona DUI lawyer in your county who is aware of Arizona DUI laws.

What happens to the first time offenders of DUI in Arizona?

Most DUI cases in Arizona are followed by two types of DUI charges:

1. Driving while impaired, and
2. Driving with an alcohol content of 0.08 or higher within 2 hours of driving.

Offenders are commonly charged with these two types of charges. Your driving license is seized by the officer and will be revoked for a period of 90 days to two years depending on the number of priors.

A first extreme offense in DUI cases carries a minimum sentence of 30 days in jail, 20 of which can be suspended under certain conditions.

First Offender Penalties (BAC 0.08 or higher):

You are most likely to pay a fine of $250, spend a day in jail, get probation, submit to a drug or alcohol evaluation and treatment and have your driving license revoked for a minimum of 90 days. Over 90% of Arizona DUI offenders plead guilty.

Jail: Minimum 10 consecutive days in jail, maximum of 6 months. The court may suspend 9 out of the 10 days if one agrees to undergo an alcohol or drug evaluation, and submit to treatment.

Fine & costs: $250 fine, plus a surcharge, plus an additional $250 assessment to the Arizona DUI abatement fund.

License: The Motor Vehicle Division will suspend the offender’s driver’s license for 90 days.

Counseling:  If it is recommended in your evaluation, the judge may suspend all but ten days in jail in lieu of counseling.

Probation: One may face probation for up to five years.

Ignition Interlock Device: It is required that you have an ignition interlock device installed in your vehicle.
 
However, extreme DUI is still a misdemeanor, not a felony. DUI arrests involving injury, death, and damage to property are common felonies with substantially greater penalties, as in the cases of repeat offenses with two or more prior DUIs.

Test Refusal:

If you refuse to undergo the BAC test, your license may be suspended for one year. This holds true even if you are found not guilty of the DUI charge.

Alcohol Abuse Screening:

DUI offenders must undergo an alcohol screening test in order to avoid jail time. The court might order you to obtain counseling, education or treatment if the court or the screening facility determines that you have a substance abuse problem.

Restricted License:

If you did not harm anybody physically and have not been convicted of a prior drinking and driving offense, then you may be entitled to a reduced punishment of a thirty day suspension and sixty day restricted license.

A restricted driver’s license allows the driver to operate a motor vehicle to and from work, medical appointments and counseling sessions.

Contact Information

You can visit at http://www.azdot.gov/mvd/contact.asp or http://www.azdeq.gov for more information on Arizona DUI defense and law support.

Monday–Friday (except on holidays) 8 a.m. to 5 p.m. (Customers on hold by 4:30 pm will be served)

Phoenix (602) 255-0072    
Tucson (520) 629-9808    
Elsewhere in Arizona (800) 251-5866

Hearing/Speech Impaired–TDD systems only:
Phoenix (602) 712-3222
Elsewhere in Arizona (800) 324-5425

Arizona Department of Transportation
Motor Vehicle Division
P.O. Box 2100
Phoenix, AZ 85001-2100