Arizona DUI Penalties and Charges
DUI is a serious offense as it poses the threat of injury or loss of life. Not only is it dangerous for the driver, but also to all those who are also on the road unaware of the fact that someone is driving recklessly and can collide with them at any moment. DUI penalties are thus made stricter nationwide so that the drivers become responsible towards themselves as well as others.
Arizona DUI penalties are charged on two factors:
1). What type of DUI had been charged against the driver,
2). Whether it was the first offense of the driver.
If there has been any record of DUI in last seven years, then the penalties change accordingly.
Arizona First Offense Penalties
DUI in Arizona is charged if the blood alcohol concentration of the driver is 0.08% at the time of arrest. If this is the first offense of the driver, then it is treated as misdemeanor. At least ten days jail time is mandatory. However, nine days can be suspended if the driver consents to attending an alcohol or drug evaluation program and treatment. In addition to that, the driver can be fined for a minimum of $1800 excluding the cost of jail.
As the jail time increases, this amount also rises. Administrative penalties incurred on the driver may include suspension of their driver's license for three months by Motor Vehicles Department. But, after thirty days, you can apply for a restricted permit that would allow you to travel to and from school or office.
The judge may recommend counseling sessions. If the driver refuses to comply with that, additional time in jail is imposed. There can be other penalties which are sometimes added to these. They are community services, probation, or installing ignition interlock device for at least one year.
Arizona Second Offense Penalties
For the second offense committed with seven years, the jail time increases to a minimum three months and a maximum six months. The minimum limit can be lowered to one month if the driver completes the treatments and programs successfully. Fines charged for a second offense rise to $3,500 exclusive of prison costs, which can be thousands of dollars. Additionally, the driver's license is revoked for at least one year, and, during this time, a restricted license is not allowed.
Substance abuse evaluation is a must if the driver is convicted, and, in failure to attend, additional time must be spent in jail. Probation of five years and community service of thirty hours can be added to the penalty. Once the license is reinstated, the car must be installed with ignition interlock device.
Arizona Extreme DUI First Offense
In case of extreme DUI where the BAC level is found 0.159% to 0.199%, Arizona DUI penalties are stricter. The first time offender of EDUI may receive a jail sentence of a minimum one month, which can extend to six months. A fine of $3,000 must be paid, and, in addition, the driver may need to pay all jail costs. Motor Vehicles Department of Arizona may suspend the permit for three months, and, after one month, the driver may apply for a restricted school permit.
Like in the previous two cases, substance abuse evaluation is mandatory when the courts finds the driver guilty. Other penalties remain the same as the second offense of DUI.
Arizona Extreme DUI Second Offense
The minimum time period to be spent in jail for the second conviction of EDUI rises to a continuous four months, but the maximum limit remains same. Half of these days can be suspended if the convict attends all the assigned evaluation programs and treatments.
The fine in this case is minimum $3,750. The driver's license is suspended for one year, and it does not get reinstated automatically. A restricted driving permit is not allowed while the license is revoked. Probation and community service of thirty hours are sometimes added.
Arizona Super Extreme DUI First Offense
There is another category called Super Extreme DUI where the BAC 0.20% or above. Arizona DUI penalties for drivers convicted for this offense for the first time are a minimum forty five days in jail, which can extend to six months. Not in any case, the minimum limit can be suspended.
A fine amount in this case is $3,250. The driver's license would be suspended for three months by MVD of Arizona, and the convict is allowed to apply for the restricted permit after one month of suspension.
Substance abuse evaluation is mandatory, while it is at the judge’s discretion whether he or she will place the convicted driver on probation or community service or not. Ignition interlock device has to be installed in car for one and half years once the license is reinstated.
Arizona Super Extreme DUI Second Offense
The second offender of SEDUI gets a mandatory sentence of six months incarceration. Of these, three months would have to be served continually while the remaining three months can be served non-continuously.
The fine for this extreme case is $4,000, which, when added with other related costs including jail, stands to an amount around $18,000. The driver's license gets revoked for one year, and the driver is not eligible to get a restricted work permit for this tenure. Once the license is reinstated, the driver must get ignition interlock device in the car for two years.
Arizona Aggravated DUI
There are two categories of aggravated DUI. If a driver offends for the third time in seven years, it is considered Class 4 felony. The maximum fine for this offense is $150,000 with additional surcharge and an assessment fee of $250 that goes to Arizona DUI abatement fund. After 2004, an extra charge of $1500 is also added to this cost. License is revoked for three years, and the installation of ignition interlock device becomes mandatory.
The last one is aggravated DUI, Class 6 felony category. This is where a driver is arrested with high BAC with a minor below the age of 15 years in the vehicle. If the vehicle is owned by the driver, then court seizes it. The driver is fined for same amount applicable for third offense of DUI. Also, all other penalties pertaining to license, probation and counseling are same.
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