DUI and DWI Arizona
The DUI or DWI process in Arizona is governed by the Arizona state laws that vary from other states. The fines, jail time, penalties, etc vary from state to state. In court you will need to be well represented by a qualified and experienced lawyer that know all the different aspects of Arizona's DUI and DWI laws. Remember, you are presumed innocent until found guilty. This is the most important time to seek professional legal help. Time is very important. You only have 15 days from the date of your arrest to request a court date. One of our lawyers will be able to find a solution to your charges. Contact us immediately for a free consultation.
Arizona has one of the toughest DUI/DWI laws in the US. Arizona DUI/DWI cases are usually misdemeanors, although they can be treated as a felony if:
- The accused has 2 or more DUI/DWI convictions in the last 5 years.
- There was a child under the age of 15 in the vehicle when stopped by the officer.
- The driver committed the DUI/DWI while his/her license had been suspended or revoked.
Arizona DUI is a felony if
What is an "Extreme DUI/DWI" charge? This happens when the accused is found to have a blood alcohol level of .20% or higher. This has to be checked within two hours of driving by the police officer at the station or a local hospital. The penalties are meant to be strong deterrents. If a minor (anyone under 21) caught driving with any alcohol in their system will be charged with a DUI or DWI automatically.
On September 19, 2007 the state enacted new penalties including mandatory ignition-interlock devices be installed on the offenders vehicle. In addition there will be increased fines and a jail time of 45 days for any super extreme (20% blood alcohol level or higher) DUI convictions. Studies have shown that there has been a 4 percent decrease in alcohol-related fatalities in other states once the mandatory ignition-interlock devices were required.
In the coming year Arizona expects approximately 17,000 first time DUI or DWI offenders.
First Time Arizona DUI Offenses
First Time Offenders with a Blood Alcohol Content (BAC) above .08% up to .15%:
- 10 consecutive days in jail. This could be suspended if you submit to treatment in a drug and/or alcohol facility.
- A $250- $500 fine
- Your driver's license will be suspended for 90 days.
- You could be placed on probation for up to five years.
- Once the judge evaluates your case you may be required to attend counseling.
Second Time Offenders within a 5-year period and their Blood Alcohol Content above .08% but below .15%:
- A $500 fine, plus $250 to be paid to the Arizona DUI abatement fund, and an additional $1,250 if you were arrested after 3-13-04.
- 90 days in jail. This could be suspended if you agree to submit yourself to a drug and/or alcohol treatment plan or facility.
- You will loose your license for one year and could be put on probations for up to 5 years.
- Ignition Interlock Device will be required to be installed on your vehicle.
- Judge can decided if he wants you to attend counseling in order to suspend your jail time.
Felony DUI / DWI where there is a 15 year old in the vehicle:
- The Court may take possession of your vehicle.
- You will have your driver's license revoked for three years.
- You may be placed on probation for up to five years.
- You will be required to serve time in jail or prison.
- Fines up to $150,000, plus an additional $250 for the Arizona DUI/DWI abatement fund, and an additional $1,500 in assessments.
Remember, you are presumed innocent until found guilty. This is the most important time to seek professional legal help. Time is very important. You only have 15 days from the date of your arrest to request a court date. One of our lawyers may be able to find a solution to your charges. Contact us immediately for a free consultation.