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Ed Loss

Extreme DUI Penalties

* Some material below used with the permission of master DUI Defense Attorney Lawrence Taylor

The Charge

Over the years, the public’s perception of drunk driving has evolved. What the public once viewed as a common indiscretion is now viewed as a serious crime and public health hazard. State legislatures all over the country are engaged in a feeding frenzy of "feel-good" legislation in response to pressure exerted by well-financed political interest groups. As a result, ordinary citizens -- many of whom are not intoxicated or impaired at the time of driving -- are being arrested in record numbers and forced to defend against criminal charges. Given our current political climate, DUI is a serious criminal charge.

In 1996, over two-million people were arrested in the United States for DUI / DWI. More people are charged with DUI / DWI than any other criminal offense. That year, 43,040 DUI cases were processed in Arizona’s limited jurisdiction courts (i.e., Municipal Courts, Justice Courts) alone. In the City of Phoenix, 93% of all persons charged with DUI pled guilty without going to trial to fight the charges against them. By pleading guilty, they gave up their right to have a trial before a jury; to confront their accusers; to refute the evidence against them and to force the government to prove each element of every charge against them beyond a reasonable doubt.

Given the frequent legislative changes in the area of Arizona DUI extreme law and the unique nature of each case, readers are urged not to rely solely on graphs and charts. You are advised to review Title 28 of the Arizona Revised Statutes and to consult with an experienced attorney. Statutory and case law citations are omitted. The Court may require a term of probation, community service, substance/alcohol screening and treatment and/or an ignition interlock device.

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The Penalties

Offense 

Fine  Driver’s License Suspension Jail 
1st Offense
BAC .08>
$250-$2,500

90 Days - 1 Year

1 Day - 6 Months

1st Offense Extreme
BAC .15>

$500-$2,500 Revocation 30 Days - 6 Months
2nd w/in 5 Years
BAC .08>
$800-$2,500 Revocation 30 Days - 6 Months
2nd w/in 5 years
BAC .15>

$800-$2,500

Revocation 60 Days - 6 Months
Aggravated/Felony DUI 1st Felony Up To $150,000 Revocation
4 Months - 3 Years (Prison Time)
2nd Felony Charge Up To $150,000 Revocation 8 Months - 6 Years
 

 

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DISCLAIMER:   The foregoing is not to be construed as legal advice to or for any specific individual. Always seek the advice of counsel for specific legal problems.

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