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DUI Penalties

DUI Penalties

If you are convicted of driving under the influence, you are subject to mandatory penalties which the court cannot ignore.

There are three categories of offenses in area of DUI in Arizona, they are as follows:

DUI: This charge can happen in any one of three different ways.

1) If you drive while under the influence of alcohol and your ability to drive is affected even to the slightest degree by either drugs (even prescriptions) or alcohol, you are guilty of DUI;

2) If within two hours of driving your blood alcohol level is .08% or higher, you are guilty of DUI (this level is measured either by drawing blood or testing a sample of your breath, and if you have a commercial driver's license the limit is .04%.);

3) If you drive with any illegal drug or any residue or metabolite of an illegal drug in your blood, you are guilty of DUI.

EXTREME DUI: If within two hours of driving your blood alcohol level is .15% or higher you are guilty of Extreme DUI.

AGGRAVATED DUI: If you commit either a DUI or an EXTREME DUI and

1) Your driver's license or privilege to drive has been suspended, revoked, cancelled or has a restriction placed on it; or

2) It is your third DUI offense within 5 years; or

3) You commit a DUI or an Extreme DUI while there is a person under 15 years of age in the car.

(Your privilege to drive can be taken away even if you have never had a drivers license)

Here are a couple of important notes to remember:

  1. If you have been convicted in any other state for DUI or had your license suspended in any other State, and you are later convicted in Arizona for a DUI, Arizona law treats the previous DUI or suspension as though it had happened in Arizona and the harsher penalties apply.
  2. Arizona Law requires that if a police officer has reasonable suspicion to believe that you are committing any form of DUI, you MUST provide a sample of your blood, breath, or urine (or all three), whatever the officer decides is necessary for the case. If you do not provide any sample the officer asks for, your license will be suspended for one year and the officer can still obtain a search warrant and take a sample by reasonable force, if necessary.
  3. The penalties listed above are the minimums that the court must impose. However, courts always have the authority to impose harsher penalties as allowed by law, if the court believes the circumstances of the case call for harsher penalties
  4. You car insurance rates after a DUI conviction will go through the roof.

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.