Common DUI Offenses in Arizona
When it comes to DUI offenses in Arizona, the severity depends on each case’s facts and circumstances. Generally, a reference to a DUI violation means a driver with a valid driver’s license operated a vehicle while intoxicated either with drugs or alcohol.
First-time offenders face a less severe charge and conviction than repeat offenders. The type of DUI offense would also determine the kind of punishment a person would get. When facing a driving under the influence charge, it is best to consult an Arizona DUI attorney for a review of your case.
First Offense DUI
In Arizona, a person arrested for a first offense DUI faces a misdemeanor charge. The offender must have driven a vehicle with a B.A.C. above the .08% limit for those 21 years and above. Possible punishment for this offense includes imprisonment, fines, and probation for up to five years.
Second Offense DUI
A person with a DUI conviction within five years from the date of arrest is a second offender and faces severe punishments. If convicted, the person would serve a longer mandatory jail time, have their driving privileges taken away, and must maintain an interlock device on their vehicle for at least one year.
Extreme DUI Offenses
Under the Arizona Revised Statutes 28-1384, an extreme DUI happens when a person physically controls a car two hours after taking alcohol with over 0.15% concentration. In convicting a person of this offense, the court would look at whether their blood alcohol concentration (BAC) was below .20% but above 0.15%. Possible punishments cover payments of fines, jail time, and installment of an interlock device in the offender’s vehicle.
The provisions of A.R.S. 28-1383 states that a misdemeanor or extreme DUI offense can become aggravated if one of the following happens:
- A child under 15 years was in the vehicle at the time of the offense.
- The driver’s license of the offender was suspended or revoked during the arrest.
- The police took the offender into custody after a judge asked the offender to use an interlocking ignition device.
- The offender committed two prior DUI-related offenses within seven years.
Note that it is a Class 6 felony to have a person below 15 years in a vehicle while driving under the influence. If there is more than one minor, you will face a charge for each of them, and a judge will decide whether to treat it as a misdemeanor or felony.
Possible punishments for an aggravated DUI offense include license suspension, jail time, and alcohol education in a treatment facility. The offender would also pay fines and have an interlock device installed in their vehicle for two years.
Get the Help You Need if Arrested for a DUI Offense
Getting arrested for a DUI offense is a severe issue in Arizona and deeply frowned at by the justice system. A conviction would put 8 points on your driving record and negatively impact your personal and professional life. Hire an experienced Arizona D.U.I. lawyer to protect your rights and negotiate with the prosecutor for the minimum punishment. Contact us today for a free consultation.