Arizona DUI Penalties

Phoenix / Maricopa County DUI Defense Attorney

Below are the mandatory minimum sentences for various drunk driving charges in the State of Arizona. Actual sentences may vary based on the facts of your case and by judge and jurisdiction.

If you are facing a drunk driving charge, an extreme DUI charge, or a charge of driving under the influence of drugs, contact the law office of Cheryl A. Brown, L.L.C. immediately to protect your rights and improve your chances of having the charges dropped or reduced.

As an experienced Arizona DUI defense attorney, I represent clients throughout Maricopa County, Pinal County, Yavapai County and Yuma County

Felony or Misdemeanor

First and second offenses are considered a Class 1 Misdemeanor. Effective September 21, 2006, three offenses received within 84 months (seven years) is a Class 4 felony.

PENALTIES FOR A FIRST DUI OFFENSE

DUI-Driving Under the Influence (BAC of .08 to .149)
DWI-Driving While Intoxicated (no BAC required)
Driving While Impaired to the Slightest Degree (BAC less than .08)
Commercial driver's license holders (BAC of .04 or more)

• 10 days in jail (court may require only 24 hours with drug/alcohol evaluation and completion of mandatory treatment program)
• Fines and costs exceeding $1,500
• 90-day driver's license suspension (30 days no driving, and restricted license possible for the remaining 60 days)
• Ignition interlock on car for 12 months after license reinstatement
• Probation up to 5 years, possible community service
• Possible impoundment of your vehicle

Extreme DUI (BAC of .15 to .19)

• 30 days in jail (court may require only 10 days with drug/alcohol evaluation and completion of mandatory treatment program)
• Fines and costs exceeding $2,700
• 90-day driver's license suspension (30 days no driving, and restricted license possible for the remaining 60 days)
• Ignition interlock on car for 12-18 months after license reinstatement
• Continuous alcohol monitoring possible for 30 days or more
• Probation up to 5 years, possible community service
• Possible impoundment of your vehicle

Extreme DUI (BAC of .20 or more)

• 45 consecutive days in jail; mandatory drug/alcohol evaluation and completion of mandatory treatment program
• Fines and costs exceeding $3,200
• 90-day driver's license suspension (30 days no driving, and restricted license possible for the remaining 60 days)
• Ignition interlock on car for 18 months after license reinstatement
• Continuous alcohol monitoring possible for 30 days or more
• Probation up to 5 years, possible community service
• Possible impoundment of your vehicle

PENALTIES FOR A SECOND DUI OFFENSE

DUI, DWI, or Driving While Impaired to Slightest Degree; BAC .05 to .079 or impaired .08 to .149

• 90 days in jail (court may require only 60 days with drug/alcohol evaluation and completion of mandatory treatment program)
• Fines and costs exceeding $3,000
• License revoked one year, no temporary license
• Ignition interlock on car for 12 months after license reinstatement
• Probation up to 5 years, minimum of 30 hours of community service
• Possible impoundment of your vehicle

Commercial driver's license holders: possible loss of license. Second offense-permanent loss of commercial driver's license.

Second Offense, Extreme DUI (BAC of .15 to .19)

• 120 days in jail (court may require only 60 days with drug/alcohol evaluation and completion of mandatory treatment program)
• Fines and costs exceeding $3,700
• License revoked one year, no temporary license
• Ignition interlock on car for 18 months after license reinstatement
• Continuous alcohol monitoring possible for 90 days or more
• Probation up to 5 years, minimum of 30 hours of community service
• Possible impoundment of your vehicle

Second Offense, Extreme DUI (BAC of .20 or more)

• 180 days in jail (court may require only 90 days with drug/alcohol evaluation and completion of mandatory treatment program)
• Fines and costs exceeding $4,500
• License revoked one year, no temporary license
• Ignition interlock on car for 2 years after license reinstatement
• Continuous alcohol monitoring possible for 90 days or more
• Probation up to 5 years, minimum of 30 hours of community service
• Possible impoundment of your vehicle

OTHER DUI CHARGES

Felony DUI / Aggravated DUI: Arizona law considers a DUI as a felony if:

• It is the person's third DUI within seven years
• The DUI occurred for any reason 
• The DUI occurred while transporting a child under age 15
• Accident involving serious injuries or death

The minimum sentence for aggravated DUI (Class 4 felony) includes:

• Minimum of 4 months in prison (up to 4 years depending on criminal history)
• Fines and costs of exceeding $5,500
• License revoked for 3 years
• Probation up to 5 years
• Mandatory drug/alcohol evaluation and treatment program
• Possible impoundment of your vehicle

DUI Resulting in Injury or Death to Others: A motor vehicle accident, or damage to property may be charged as a felony. Sentencing varies, but the minimum penalties would be same as Aggravated DUI above.

A driver under age 21 who has any alcohol in their system (BAC anything .00 or greater) can be charged with minor in possession or minor consumption or an underage DUI.

Contact Maricopa County drunk driving lawyer Cheryl A. Brown to arrange a free 30-minute consultation about your situation and the likely Arizona DUI penalties in your case.