Free Case Evaluation (928) 753-6868

DUI Penalties

What to expect when facing a DUI charge

Arizona Misdemeanor DUI Minimum Criminal Punishment* (For Offenses on or after September 26th, 2008)

Consequences Of Getting A DUI In Arizona

It is said that Arizona has some of the toughest DUI laws in the nation.*  If you are charged with a DUI or Drunk Diving Offense in Arizona you can face some tough penalties for a mistake that can change your life.

License Suspension

The first immediate consequence you will face is having your driver's license suspended.  You can get your driver's license confiscated when you get arrested.  If you get convicted of a DUI the record of the conviction of the DUI will get forwarded to the Arizona Department of Motor Vehicles (AZ MVD).

Your license is automatically suspended when you are served with an Admin Per Se Form.  The officer will physically confiscate your Arizona Driver's License.  If you live out of State the officer cannot legally confiscate your Driver's License but your privilege to drive in Arizona will be suspended and your home state will be notified of the suspension and in turn will suspend your privilege to drive in your home state.

This is a critical time because after you are arrested and served with the Notice of Suspension, you only have fifteen (15) days to request a hearing with MVD.  This is called an Admin Per Se Hearing.  You can still legally drive until this hearing is conducted. This allows you to stay on the road and have an attorney review your case to see if there are any defenses to save your license at a DUI hearing.

Jail Time

The next major consequence is Jail time.  Why are Arizona's laws so tough on DUIs? Because the jail sentences are so much longer than most other states.

If you are arrested for a first time DUI offense you are facing ten (10) days in jail.  An Extreme DUI or an Super Extreme DUI can have you facing thirty (30) and forty five (45) days jail.

Alcohol Counseling

If convicted of drunk driving in Arizona you will be ordered to complete Alcohol Counseling.  To conduct the Alcohol Counseling you need to be screened for the number of hours of counseling to complete.  Alcohol Counseling can include sixteen (16) to thirty two (32) hours of counseling service.  Alcohol Counseling is required to get your driving privileges reinstated and are also ordered as terms of probation by the Court for a DUI conviction.

Fines

The financial consequences are also significant.  A first time DUI has a MANDATORY fine of approximately $1,500. An Extreme and Super Extreme DUI have fines ranging from $2,700 to $3,100.  These fines include surcharges, assessments, and abatement fees are the minimum fines for a DUI.  Depending on the sentencing judge, they could be even greater.

Jail Costs

These fines DO NOT include jail fees.  Jail Fees include a one time booking fee of $62 and $63/day.  A thirty (30) day jail sentence could end up totaling $1,952.00 in addition to any other fines or fees.

Insurance Premium Increase

A drunk driving conviction in Arizona will also increase your Auto Insurance Premiums.  A criminal DUI conviction in Arizona will require a driver to get what is called an SR-22 or a certificate of insurance.  An SR-22 is a vehicle liability insurance document required by AZ MVD.  The Automobile Insurer must issue the document and the driver must get a special SR-22 Insurance coverage which inevitably carries much higher insurance premiums.

If you are charged with a DUI or Drunk Driving you should consult with an attorney or criminal defense lawyer right away.  There may be defenses in your case that could mitigate the impact a DUI arrest can have on your life.

Regular 1st offense, A.R.S. § 28-1381

A1. Impaired to slightest degree by alcohol, vapor, a legal drug, or an illegal drug***, or
A2. Alcohol level of .80 or more within 2 hours of driving, or
A3. Any illegal drug in your body even if not impaired.***

  • Jail Days: 10-(9 suspended*),1 Minimum
  • $1,460 Fines, Surcharges, assessments****
  • Jail Costs Aprox. $70 per days, varies.
  • Time Fee (if allowed to make payments): $20
  • Interlock after MVD suspension: Min 6-12 months.
  • Community Restitution/Service: At Judge's Discretion.
  • Continuous Alcohol Monitoring: At Judge's Discretion.

Extreme 1st Offense, A.R.S. § 28-1382

Alcohol level of .150-.199 within 2 hours of driving. ***

  • Jail Days: 30 consecutive (May suspend up to 21 days with proof of interlock device installed and presented to the Court upon judge's discretion.)
  • Fines, Surcharges, assessments****: $2,710
  • Jail Costs Aprox. $70 per days, varies: $2,100
  • Time Fee (if allowed to make payments): $20
  • Interlock after MVD suspension: 12 months
  • Community Restitution/Service: At Judge's Discretion.
  • Continuous Alcohol Monitoring: 30 days or more if ordered.

Super Extreme 1st Offense, A.R.S. § 28-1382

Alcohol level of .20 or more within 2 hours of driving. ***

  • Jail Days: 45 days consecutive**
  • Fines, Surcharges, assessments****: $3,170.
  • Jail Costs Aprox. $70 per days, varies: $3,150.
  • Time Fee (if allowed to make payments) $20
  • Interlock after MVD suspension: 12 months
  • Community Restitution/Service: At Judge's Discretion.
  • Continuous Alcohol Monitoring: 30 days or more if ordered.

Regular 2nd Offense, A.R.S. § 28-1381

Committed same way as regular first offense, with a regular or extreme DUI in prior 7 years. ***

  • Jail Days: 90 days-(60 days suspended)*30 days consecutive **
  • Fines, Surcharges, assessments****:$3,420
  • Jail Costs Aprox. $70 per days, varies: $2,100
  • Time Fee (if allowed to make payments):$20
  • Interlock after MVD suspension:12 months
  • Community Restitution/Service: Judge must order at least 30 hours.
  • Continuous Alcohol Monitoring: At Judge's Discretion.

Extreme 2nd Offense, A.R.S. § 28-1382

Alcohol level of .150-.199 or more within 2 hours of driving, with a regular or extreme DUI in prior 7 years. ***

  • Jail Days: 120**0 suspended (60 must be consecutive).
  • Fines, Surcharges, assessments****: $3,670.
  • Jail Costs Aprox. $70 per days, varies: $8,400
  • Time Fee (if allowed to make payments): $20.
  • Interlock after MVD suspension:12 months.
  • Community Restitution/Service: Judge must order at least 30 hours.
  • Continuous Alcohol Monitoring: 90 days or more if ordered.

Super Extreme 2nd Offense, A.R.S. § 28-1382

Alcohol level of .20 or more within 2 hours of driving, with a regular or extreme DUI in prior 7 years.***

  • Jail Days: 180**0 suspended: 90 must be consecutive.
  • Fines, Surcharges, assessments****: $4,590
  • Jail Costs Aprox. $70 per days, varies: $12,600
  • Time Fee (if allowed to make payments): $20
  • Interlock after MVD suspension: 24 months
  • Community Restitution/Service: Judge must order at least 30 hours.
  • Continuous Alcohol Monitoring: 90 days or more if ordered.

Maximum Misdemeanor Criminal Punishment 6 Months/180 days Jail, Fine $5,000 plus surcharges.

*Days in jail are suspended on the condition you attend mandatory alcohol/drug screening (evaluation) and 16-36 hours of classes, normally at your expense.

** The judge may order you eligible for work release 12 hours per day, 5 days per week after you serve 48 consecutive hours in jail.

*** Your license will be revoked for 1 year, with no driving for any reason if: (1) You are convicted of A1 and the court abstract sent to MVD has the drug box marked “yes” for illegal drugs, or (2) You are convicted of A3 (driving with any illegal drug in your body), or (3) You are convicted of 2 offenses of DUI, reckless driving, racing on the highway or any combination of 2 of these offenses with offense dates within 7 years. Your license will be revoked for 3 years, with no driving for any reason if you are convicted of 3 DUIs with offense dates within 7 years.

**** Some of these may be waived depending on financial ability. Some courts have additional local fees. Jail costs vary from court to court.

Contact Us Today

If you have been arrested or charged with a crime you may be feeling frightened, anxious, and uncertain of what your future holds. The competent and experienced attorneys at the Law Offices of Shawn B. Hamp can help you during this difficult time. We are dedicated to fighting for the rights of our clients and providing excellent legal representation to those who have been accused of a crime. Contact our firm today to discuss your case in a free case consultation.

Menu