Arizona DUI (ARS
28-1381) states that it is illegal for anyone to drive, be in physical control of, or operate a motor vehicle;
While under the influence of alcohol, drugs, a combination
of both, vapor releasing substance containing a toxic
substance if the person is intoxicated to the slightest
degree.
If they have a blood alcohol concentration (BAC) of .08%
or greater within 2 hours of being in physical control of a
motor vehicle, or have any drug or metabolite of the drug in
the persons body.
Normally when pulled over for suspicion of an Arizona DUI the
officer will request you take a breath test. If you submit
and your BAC is .08% or greater you will be charged with both of
the first 2 DUI categories listed above.
TIP: It's very important
that you contact a Arizona
DUI lawyer to discuss your case. Scheduling an
initial consultation is free and you'll get some good
information about your options. Contact one of our Arizona
DUI Lawyers today.
In addition Arizona DUI law specifies that these are normally
misdemeanor offenses so long as there are no accidents, bodily
injury, property damage, etc… They can be charged as
felonies if any of the above is committed or if prior DUI
offenses exist along with any of the following:
Suspended driver license
Minor in the vehicle (age cutoff is normally calculated at
15)
In Arizona DUI cases, the state’s objective is to collect
as much evidence as possible that indicates that the suspect was
either impaired or under the influence while operating or in
physical control of the vehicle. The state will usually
seek evidence in 4 main areas to attempt to prove their case.
These 4 categories are listed below;
Physical symptoms of impairment
Chemical test evidence
Any admissions
Driving symptoms of impairment
Arizona DUI Penalties
First Offense Arizona DUI
(BAC between .08%
and .149%)
Fine: $250.00. (Plus an additional $500.00
assessment for arrests after March 13, 2004).
Driver License Suspension: 90 days.
Jail: 10 consecutive days in jail. The court may
suspend 9 of the 10 days if you agree to get an alcohol
and/or drug evaluation, and submit to treatment.
Ignition Interlock Device: None.
Second Offense Arizona DUI
(BAC between .08%
and .149%)
Fine: $500.00 fine. Additional $250.00
assessment to the Arizona DUI abatement fund. (Plus an
additional $1250.00 assessment for arrests after March 13,
2004).
Driver License Suspension: 1 year revocation.
Jail: 90 days in jail. The Court may suspend 60 of
the 90 days if you agree to get an alcohol and/or drug
evaluation, and submit to treatment.
Ignition Interlock Device: Required. Duration
is court discretion.
First Offense Extreme Arizona
DUI
(BAC at or above .15%)
Fine: $250.00 fine.
Additional $250.00 assessment to the Arizona DUI abatement
fund. (Plus an additional $1000.00 assessment for arrests
after March 13, 2004).
Driver License Suspension:
90 day suspension.
Jail: 30 consecutive
days in jail. The Court may suspend 20 of the 30 days if you
agree to get an alcohol and/or drug evaluation, and submit
to treatment.
Ignition Interlock Device:
Required. Duration is court discretion.
First Offense Super Extreme DUI
(BAC of .20% or greater
Took Effect September 19, 2007)
Same as above plus the following below
Driver License Suspension: 90 days.
Jail: 45 consecutive days in jail. The court
cannot suspend ANY of the sentence.
Ignition Interlock Device: Mandatory.
2nd Offense Extreme Arizona
DUI
(BAC at or above .15%)
Fine: $500.00 fine.
Additional $250.00 assessment to the Arizona DUI abatement
fund. (Plus an additional $1250.00 assessment for arrests
after March 13, 2004).
Driver License Suspension:
1 year revocation.
Jail: 120 days in jail
of which 60 must be consecutive. The Court may suspend 60 of
the 120 days if you agree to get an alcohol and/or drug
evaluation, and submit to treatment.
Ignition Interlock Device:
Required. Duration is court discretion.
*Note: In each of the
cases above you will also be placed on probation for a period of
5 years.
Arizona SR22 Insurance Considerations after a
DUI Offense
In Arizona, after you get a DUI conviction in order to get your drivers license back you'll be required to carry what's known as a
SR22 insurance policy for a period of 3 years. The SR22 insurance policy is a high risk auto insurance policy that is mandated by the
Arizona Department of Motor Vehicles and provided by smaller companies that specialize in this type of auto insurance.
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