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 plead 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.
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 |