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Arizona DUI Penalties

Arizona DUI Penalties

In Arizona, the penalties for a DUI conviction depend on the type of DUI that was charged, and on the Defendant's criminal record.

First Impaired to the Slightest Degree or BAC above .080

JAIL: 10 consecutive days in jail. The court may suspend 9 of the 10 days subject to your successful completion of Court ordered Substance and Alcohol Abuse Screening, counseling and treatment.

FINE & COSTS: $250.00 fine, plus a surcharge. (Plus an additional $500.00 assessment for arrests after March 13, 2004).

LICENSE: The MVD will suspend your drivers' license for 90 days.

COUNSELING: If recommended in your evaluation and you want the Judge to suspend all but one day in jail.
PROBATION: You may be placed on probation for up to five years.

IGNITION INTERLOCK DEVICE: This is the only DUI conviction scenario which does not require a functioning Interlock Device to be installed in your vehicle.

Second Impaired or BAC above .080

JAIL: 90 days in jail. The Court may suspend 60 of the 90 days subject to your successful completion of Court ordered Substance and Alcohol Abuse Screening, counseling and treatment.

FINE & COSTS: $500.00 fine, plus a surcharge, plus an additional $250.00 assessment to the Arizona DUI abatement fund. (Plus an additional $1250.00 assessment for arrests after March 13, 2004).

LICENSE: Your drivers' license will be revoked for one year.

COUNSELING: This will be a condition of sentencing.

PROBATION: You may be placed on probation for up to five years.

VEHICLE FORFEITURE: If you were driving a vehicle you owned at the time of the DUI arrest that led to your conviction, the Court may take your vehicle as well.

Felony DUI (w/ a child under 15 years old in vehicle)

NOTE: The sentence guidelines below presuppose a completely clean felony record. Historical priors may significantly enhance any felony sentence. This is a class 6 felony and subject to the sentencing ranges based on historical priors as such.

JAIL OR PRISON: A person convicted under this section will have to serve at least the minimum sentences for the misdemeanor DUIs described above if the offense would have been a misdemeanor but for the presence of the minor child.

FINE & COSTS: Up to $150,000.00 in fines, plus a surcharge, plus an additional $250.00 assessment to the Arizona DUI abatement fund. (Plus an additional $`,500.00 assessment for arrests after March 13, 2004).

LICENSE: Your drivers' license will be revoked for three years PROBATION: You may be placed on probation for up to five years.

COUNSELING: If probation is granted by the sentencing Court, you will be required to submit to treatment.

VEHICLE FORFEITURE: If you were driving a vehicle you owned at the time of the DUI arrest that led to your conviction, the Court may take your vehicle as well.

Felony DUI (Third DUI in a Sixty Month Period)

PRISON: On first offense Felony conviction, presumptive sentence of 2.5 years in prison. Minimum sentence of 4 months in prison.

FINE & COSTS: Up to $150,000.00 in fines, plus a surcharge, plus an additional $250.00 assessment to the Arizona DUI abatement fund. (Plus an additional $`,500.00 assessment for arrests after March 13, 2004).

LICENSE: Your drivers' license will be revoked for three years PROBATION: You may be placed on probation for up to five years.

COUNSELING: If probation is granted by the sentencing Court, you will be required to submit to treatment.

VEHICLE FORFEITURE: If you were driving a vehicle you owned at the time of the DUI arrest that led to your conviction, the Court may take your vehicle as well. Felony DUI (Any DUI While Your License is Revoked, Suspended or Restricted)

PRISON: On first offense Felony conviction, presumptive sentence of 2.5 years in prison. Minimum sentence of 4 months in prison.

FINE & COSTS: Up to $150,000.00 in fines, plus a surcharge, plus an additional $250.00 assessment to the Arizona DUI abatement fund. (Plus an additional $`,500.00 assessment for arrests after March 13, 2004).

LICENSE: Your drivers' license will be revoked for three years PROBATION: You may be placed on probation for up to five years.

COUNSELING: If probation is granted by the sentencing Court, you will be required to submit to treatment.

VEHICLE FORFEITURE: If you were driving a vehicle you owned at the time of the DUI arrest that led to your conviction, the Court may take your vehicle as well.

Attorney Kathleen Carey

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Kathleen Carey is an experienced and passionate advocate for her clients.

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Ms. Carey offers a free initial case evaluation, and will go over the facts of your case, your history, your rights and options.