If you have recently been arrested on a first offense DUI charge in Arizona it is important that you familiarize yourself with the potential penalties you may be facing. A first offense DUI charge in Arizona can have long lasting effects and follow a person for the rest of their lives if the charge is not dealt with promptly. Take some time right now and review the Arizona first offense DUI information that has been compiled on this page to gain a better understanding of the first offense laws and penalties in Arizona surrounding a first offense DUI charge.
A person faces to separate charges when arrested and charged with a first offense DUI charge in Arizona. The first charge is the criminal charge of driving under the influence, which will be handled through the Arizona court system. The second charge is the suspension or revocation of your driver's license that will be taken by the Arizona Department of Transportation. Which is known as the administrative action against your license to drive.
Criminal Case Overview Under Arizona DUI statute 28-1381 a person who is found to have a blood alcohol level of less than .05% is not considered to be under the influence. If a person has a blood alcohol level between .05% and .08% and if that person displays the signs that are typically associated with someone being under the influence, that person may be arrested and charged with a first offense DUI charge in Arizona, if the person has not previously been charged with a DUI offense in Arizona within the past 7-year period.
A person will be arrested and charged with driving under the influence if their BAC level is .08% or greater. Even if the person does not display the signs typically associated with being under the influence, the mere fact that their BAC level is .08% or greater is a violation of Arizona's 'per se' law. A person can also be charged with a DUI offense in Arizona even if they were not physically operating the vehicle at the time the police arrived on scene.
If the person had been consuming alcohol and has a BAC level of .08% or greater and fell a sleep in their vehicle and has possession of the vehicle's keys, they will be arrested for DUI because they have displayed physical control of the vehicle. Arizona DUI First Offense Penalties A first offense DUI charge in Arizona is considered a Class 1 misdemeanor offense as long as there was not an accident resulting in the death of another individual.
To be classified as an Arizona first offense DUI the person must not have been previously convicted of a DUI charge in the state of Arizona within the previous 7-years. An Arizona first offense DUI conviction will result in a minimum jail sentence of 10-days. The judge may suspend all but 24-hours of the 10-day jail sentence in lieu of the defendant attending a alcohol screening program. A first offense will result on the following fine amounts: Base fine amount of $250 along with an additional $200 surcharge A prison construction assessment fine of $500 A public safety equipment assessment fine of $500 Probation surcharge assessment of $10 Arizona Xtra DUI assessment fine of $500 As long as you submitted to a chemical test, a first offense DUI will result in a 90-day license suspension.
An ignition interlock restricted license will be granted following the 90-day suspension. The IID device must be installed by a state approved IID installation center. General questions regarding IID's in Arizona. In order to have your license reinstated you will need to provide the MVD with proof of an SR22 insurance policy and filing. You may get both of those by entering your zip code below and completing the simple quote form on the next page.
The court may also order you to attend a state approved traffic school. Arizona Administrative Driver License Hearing When you are arrested for DUI in Arizona the arresting officer will confiscate your driver's license and issue you a "Notice of Suspension" that will act as your temporary driver's license for the next 15-days. Important: According to Arizona DUI laws a person only has 15-days from the date of being arrested on a first offense DUI charge in Arizona in which to request an administrative hearing to challenge the suspension of their driver's license.
If a person fails to request an administrative hearing within the 15-day window no hearing will be granted and the officer's suspension of your license will remain in force. Contact one of our Arizona DUI lawyers today to schedule your administrative hearing and save your license. As long as the person did not refuse a chemical test, a first offense DUI in Arizona will result in a 90-day driver's license suspension.
A restricted license will not be granted during the suspension period if a request for an administrative hearing is not made. Arizona SR22 Insurance Information & Quotes All first time DUI offenders in Arizona will be required by the Arizona MVD to carry SR22 insurance for a period of 3-years following the reinstatement of their driver's license or the issuance of a restricted license. Once you become eligible to have your license reinstated you will need to do the following: Signup for an Arizona SR22 insurance policy.
Provide a copy of your SR22 insurance filing to the MVD. Pay a reinstatement fee of $50. Something to remember regarding your SR22 insurance is that if there is a lapse in your coverage, even for one day, your insurance provider is going to inform the MVD of the lapse and the MVD is going to suspend your license a second time. If this occurs, your 3-year SR22 filing period will begin from the beginning.
The best way to avoid a lapse in coverage is to get multiple SR22 insurance quotes from providers in Arizona to find the lowest possible price from the beginning. By entering your zip code in the box below you will taken to our online quote form where you can fill out our quote form, submit it and receive up to 5 quotes from insurance providers in your area who offer SR22 filings with the Arizona MVD.
Other Arizona DUI Resources Arizona DUI Laws Complete overview of Arizona's DUI laws, fines and penalties for each DUI offense. Arizona SR22 Insurance Learn everything you need to know about Arizona's SR22 filing requirements with the MVD and find out how you can save hundreds of dollars each year on your Arizona SR22 insurance. Arizona DUI Lawyers Information about our Arizona DUI lawyers.
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Read about the consequences of a first-offense DUI in Arizona. By: Josh Egan In Arizona, it's illegal to drive or be in actual physical control of a vehicle while under the influence of alcohol or drugs. Generally, you run the risk of being convicted of DUI if you drive: while "impaired to the slightest degree" (impairment DUI) by drugs or alcohol with a blood alcohol concentration (BAC) of .08% or more (“per se” alcohol DUI) within two hours of driving with any amount of a drug or its metabolite in your body (per se drug DUI), or a commercial vehicle with a BAC of .
04% or more. A driver who’s convicted of any of the above offenses is guilty of a class 1 misdemeanor. (Ariz. Rev. Stat. § § 28-1381, 28-1382 (2017).) Aggravated DUIs Arizona’s “aggravated” DUI law imposes stiffer penalties for certain DUI offenses. A DUI is an aggravated offense when the offender drives under the influence: having been convicted of two prior DUIs within the past 84 months (even if the priors weren’t committed in Arizona) while the driver's license is suspended for a previous DUI arrest, conviction, or chemical-test refusal while someone younger than 15 years old is in the car, or after having been ordered by a court to drive only with an ignition interlock device (IID).
A driver convicted of an aggravated DUI for having a passenger younger than 15 years old is guilty of class 6 felony. The other three types of aggravated DUI are class 4 felonies. (Ariz. Rev. Stat. § 28-1383 (2017).) Classifications Based on Elevated BAC Arizona also imposes more several penalties for DUIs involving high BACs. DUIs involving BACs of .15% or more are called “extreme” DUIs. And an offender with a BAC of .
20% or greater can be convicted of a “super extreme” DUI. Administrative Penalties "Administrative penalties" are those imposed by Arizona Department of Transportation Motor Vehicle Division (MVD). These penalties are triggered by the arrest and apply even if the defendant's criminal DUI case is later dismissed. For a first DUI, the administrative penalties include: Per se alcohol and per se drug DUI.
Motorists caught driving with a BAC of .08% or greater) within two hours of driving (.04% or greater for commercial drivers while driving a commercial vehicle or any concentration of drugs in the body while driving or being in actual physical control of their car faces a license suspension for no less than 90 days. Chemical-test refusals. Motorists who refuse a chemical test in violation of Arizona’s implied consent law face a one-year administrative suspension of their driving privileges.
Motorists who refuse a second time or more within a seven-year period face a two-year administrative suspension of driving privileges. If you don't request a hearing within 15 days of the arrest, you forfeit your right to challenge the above administrative suspensions. (Ariz Rev. Stat. § § 28-1321, 28-1381, 28-1385 (2017).) Restricted Licenses If your license is suspended for a DUI arrest, you may be eligible for a restricted license that allows you to drive to and from work, school, and drug and alcohol screening and treatment centers.
To be eligible you must: not have caused death or serious physical injury to another person not been convicted of DUI or had a chemical-test refusal suspension in the last 84 months, and provide satisfactory evidence that you completed an alcohol or drug screening. If you’re unsure whether you qualify for a restricted license, it’s best to contact a DUI attorney in your area. (Ariz. Rev. Stat.
§ § 28-1385, 28-3473 (2017).) Criminal Penalties "Criminal penalties" are those which a court imposes once a motorist is convicted of DUI. For a first DUI, the criminal penalties include: Standard first DUI. Generally, drivers convicted of a first DUI must serve at least ten consecutive days in jail and pay fines and assessment of at least $1,250. If the violation involved alcohol (as opposed to drugs), the driver must install an IID, which remains in the car for at least 12 months following the completion of the license suspension.
Extreme DUI. An extreme DUI is a class 1 misdemeanor. Convicted drivers must serve at least 30 consecutive days in jail and pay a fines and assessment of at least $2,500. As with a standard first DUI, there’s a 12-month IID requirement for an extreme DUI conviction. Super extreme DUI. A super extreme DUI is a class 1 misdemeanor. Drivers convicted of a super extreme DUI face at least 45 consecutive days in jail, fines and assessments of at least $2,750 in assessments, and a 12-month IID requirement.
Aggravated DUI. Drivers convicted of aggravated DUI must serve either ten to 45 days in jail or four to eight months in prison, depending on the type of aggravated DUI conviction. Convicted drivers also face at least $4,000 in fines and assessments, a mandatory 12-month license suspension, and if the DUI involved alcohol, there’s a 24-month IID requirement. All drivers convicted of aggravated DUI must complete drug screening and treatment; offenders who don’t comply risk being sent to prison for up to two years.
For some DUI first offenders, Arizona law permits judges to reduce the minimum jail sentence. A judge can reduce the minimum jail time to one day (instead of ten days) for standard first offenders who complete court ordered alcohol and drug screening and treatment. And a judge can reduce the minimum jail time for drivers convicted of extreme DUI to nine days (instead of 30 days) and super extreme DUI to 14 days (instead of 45 days) if the driver maintains an IID for a period of 12 months following conviction.
Also, check out our article on the actual costs of a first DUI. (Ariz. Rev. Stat. § § 28-1381, 28-1382 (2017).) Talk to an Attorney If you’ve been arrested for driving under the influence, get in contact with an experienced DUI attorney. A qualified DUI attorney can help you navigate the complexities of DUI law and tell you how the law applies to the facts of your case.