Driving under the influence is a serious, life-threatening issue in the United States. The Centers for Disease Control and Prevention (CDC) reported that nearly 10,000 people were killed in crashes where alcohol was involved, making up almost a third of all driving-related deaths in 2014[1]. Police arrested another 1.1 million drivers for operating a vehicle while under the influence of drugs or alcohol in 2014, but that only makes up a fraction of the reported 121 people every year who reported that they drove while under the influence in a 2012 study[2].
In Arizona, anyone with a driver’s license has consented to blood alcohol concentration or drug content (BADC) testing if you are pulled over (or you were detailed for DUI when not driving) and arrested for driving under the influence under the Implied Consent Law[3]. Depending on the test results you could be charged for a DUI, Extreme DUI, or Aggravated DUI. If you’re under 21 years old, your license can be suspended if any level of alcohol is detected.
DUI: Your blood alcohol concentration is above 0.08 percent, or above 0.04 percent if you are in a commercial vehicle. This is considered a misdemeanor in Arizona.
- First Offense: First time offenders face between 1 to 10 days in jail, a fine not less than $250.00 plus surcharges, two $500.00 assessments, and your license may be suspended for 90 days. Your vehicle will also be equipped with a certified ignition interlock device, you will be required to attend alcohol treatment, screening, and / or education, and you may be ordered to perform community service hours.
- Subsequent Offenses: Second time offenders face between 30 to 90 days in jail, a fine not less than $500 plus surcharges, two $1,250.00 assessments, and your license will be revoked for one year. A third DUI violation within seven years can be charged as a felony and carries a mandatory minimum four-month prison sentence, revocation of your driver’s license, and higher fines. Your vehicle will also be equipped with a certified ignition interlock device, you will be required to attend alcohol treatment, screening, and / or education, and you may be ordered to perform a set number of hours of community service.
Extreme DUI: Your blood alcohol concentration is 0.15 percent or above or .020 or above. This is considered a misdemeanor in Arizona.
- First Offense: First time offenders face 30 to 45 days in jail, fines and assessments not less than $2,500, and your license may be suspended for up to a year. Your vehicle will also be equipped with a certified ignition interlock device, you will be required to attend alcohol treatment, screening, and / or education, and you may be ordered to perform a set number of hours of community service.
- Subsequent Offenses: Second time offenders face at least 120 to 180 days in jail, fines and assessments not less than $3,250, and your license will be revoked for up to a year. Your vehicle will also be equipped with a certified ignition interlock device, you will be required to attend alcohol treatment, screening, and / or education, and you may be ordered to perform a set number of hours of community service.
Aggravated DUI: If you commit a DUI while your license is canceled, revoked, or suspended, you commit three DUIs within 84 months, you commit a DUI while someone under the age of 15 is in your vehicle, you commit a DUI or refuse to submit to a BADC test while an ignition interlock device is installed, you may be charged with Aggravated DUI, a class 4 felony in Arizona.
- Any Offense: If convicted of an aggravated DUI, you face mandatory prison time in most cases, your license will be revoked, and your vehicle will also be equipped with a certified ignition interlock device, you will be required to attend alcohol treatment, screening, and / or education, and you may be ordered to community service.
If you have been charged with a DUI, contact MayesTelles PLLC today. Many of our Phoenix DUI attorneys are former prosecutors, and understand how the other side will act during your case, giving us the ability to create a strategy that can react to and anticipate their actions. Contact us today to give details about your case, or call us at (602) 428-7104. The sooner you retain a Phoenix DUI lawyer, the more we can do to assist you.
[2] Jewett A, Shults RA, Banerjee T, Bergen G Alcohol-impaired driving among adults— United States, 2012. MMWR Morbi Mortal Wkly Rep. 2015;64(30):814-17.