If you have been stopped by a police officer and charged with driving under the influence, you need to take your case seriously and contact a lawyer immediately. Fighting a DUI charge in Arizona falls down to the facts of your arrest more often than you might think, so you need to communicate with someone while the incident is still fresh in your mind.
Blood Alcohol Tests and Their Impact on Your Case
If you are stopped for suspected DUI in Arizona, you could be charged if a test reveals a concentration of .08 or higher in your blood. You will be required to go through alcohol and drug screening before you’re eligible to get a restricted driving permit or reinstated driving privileges. Bear in mind that the above statement regarding blood alcohol content does have some exceptions — you can still be charged with driving under the influence if an illegal drug of any concentration was found in your system or if you are under age 21 at the time of the stop and have any alcohol in your system.
If you refuse to submit to the blood alcohol content test at the time of the arrest, there are immediate consequences for this. You’ll lose your driving privileges for 12 months during your first refusal, and subsequent refusals within 84 can lead to automatic driving privilege loss for 24 months. Drug and alcohol screening is also required before you can get a restricted permit or reinstated driving privileges.
Various Charges Associated With a DUI
A first DUI offense has penalties in Arizona of 10 days in jail and fines and costs of about $1,800. Alcohol screening and treatment and mandated use of a certified ignition interlock device is also required along with the possibility of community service and other consequences like participating in a M.A.D.D. Impact panel. Subsequent offenses have jail times of 90 days and fines and costs of approximately $6,000. A subsequent offense will also lead to a revoked license for 12 months, alcohol screening and treatment, and mandated use of an ignition interlock device.
Individuals with a blood alcohol concentration of .15 or higher could be charged with extreme DUI, resulting in 30 consecutive days in jail and a fines and costs of about 3,600. Alcohol/drug screening and education are also required and a driver will have to commit to community service and installing an ignition interlock device. A subsequent offense of extreme DUI requires 120 days in jail, alcohol/drug screening and counseling, fines and costs of about $13,700, a minimum of 30 hours of community service and mandated use of an ignition interlock device.
Arizona also has a category of DUI know as super extreme DUI. This involves cases with alcohol concentration in excess of 0.20%. Punishments for a first offense for super extreme DUI requires a minimum of 14 days in jail, fines and costs of approximately $4,500 alcohol/drug screening and counseling, a possibility of community service and mandated use of an ignition interlock device. A second offense for super extreme DUI will require a minimum of 180 days in jail, fines and costs of about $19,000, alcohol/drug screening and counseling, a minimum of 30 hours of community service and mandated use of an ignition interlock device.
One of the most serious charges of DUI in Arizona is known as aggravated DUI. This refers to an individual driving under the influence who meets at least one of the following conditions:
- Also has an individual under age 15 in the vehicle at the time of the DUI
- Is in violation of their requirement to drive with an ignition interlock device
- Has received a third DUI within an 84 month period
- Already has a suspended, revoked, or canceled license
The circumstances of your testing and interaction with the officer can be critical for determining your criminal defense. A DUI in Arizona is a serious charge regardless of whether it’s your first offense or a subsequent arrest. Protect your rights with knowledgeable representation. The ranges of punishments listed previously are negotiable. In the hands of a good a good attorney, the fines, jail time, and other consequences can be negotiated to your benefit.
This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice, please feel free to contact Mesa Criminal Attorney, Garrett L. Smith at 480-540-6021 log on to www.mycriminaldefenselawyeraz.com, or contact an attorney in your area.