DUI Arizona First Offense Laws

 

First time impaired driving is a Class 1 misdemeanor, the most serious in the misdemeanor range and how a first time DUI is charged. A second DUI, is considered having another DUI within a seven year period. A DUI can also be a felony Aggravated DUI if it is...
 

Next, let's cover "What is the punishment for DUI in Arizona?"
 

What Is the Penalty for First-Time Misdemeanor DUI Conviction in Arizona?

Arizona's DUI laws are strict. The unwanted consequences of a first offense DUI for a standard first-time misdemeanor DUI Class 1 conviction requires spending time in county jail time up to a maximum of six months and a minimum jail sentence of not less than ten consecutive days.

However, on a minimum DUI impaired to the slightest degree or with a .08 BAC (Blood Alcohol Concentration), the time in custody can be as short as one day, with the other nine days suspended upon the completion of court-ordered alcohol screening and education.

Note, that the driver's BAC may not exceed .04 at the time of the DUI arrest by police officers while driving a commercial vehicle as the limit for a commercial driver license is half of a normal drivers license.

Your Arizona driving license is suspended for 30 days, followed by a driving privilege restriction of only traveling to work or school for 60 days before the license can be reinstated at the defendant’s expense.
Base fines for a first-time standard DUI offense total more than $1,500, plus jail costs for your mandatory minimum jail time.
 

Certified ignition interlock device

The Arizona Motor Vehicle Division will require the use of a certified ignition interlock device, a breath alcohol testing instrument, to prevent driving if the defendant had anything to drink—just one more expense and part of the DUI penalties assessed by the state for exceeding the legal limit. This order will be for one year. However, if you do not have a prior DUI, you were not in a car accident, and you do not have any violations with the interlock, MVD may allow you to remove it after 6 months.

The state also has the authority to order you to spend time performing community service as part of the punishment, and attending an alcohol treatment program may also be required.

First-time felony Aggravated DUI offense

A felony Aggravated DUI is charged if the defendant was: driving on a suspended license; was driving on the wrong side of the road; court ordered to have the ignition interlock installed, or if a child younger than 15 was a passenger.

Consequences of a first time felony Aggravated DUI

An aggravated DUI with a child in the vehicle under 15 years-old is a Class 6 felony. The presumptive penalty for Class 6 felony is a year in state prison for your jail time, and if an aggravated factor is proven the prison sentence is two years. All other Aggravated DUI charges are Class 4 felonies. A Class 4 felony raises the presumptive sentence to 2.5 years in prison.

Aggravated DUI for having a suspended license or driving the wrong way require a minimum of 4 months in prison if convicted as a term or probation. An Aggravated DUI sentence can also carry a term of probation for up to 10 years.

Having an aggravated DUI first offense reduced by an experienced Arizona DUI attorney can literally give you months to years of your life back.

Felony sentences have discretion under Arizona’s sentencing guidelines, which have ranges of seriousness, mitigated, presumptive, and aggravated. Mitigated is applied for a first felony DUI conviction.

Beyond incarceration, felons lose the Second Amendment right to own and possess a firearm and the right to vote in local and federal elections. Landing a job can be difficult, and landlords can refuse to enter into a rental contract for an apartment or home. Criminal penalties for DUI offenders are no joke.

Aggravated DUI, prior DUIs, subsequent offenses or offenses classified as second offense extreme DUI, or second offense super extreme DUI or even a third offense DUI violation will result in tougher sentencing.

As we said, the DUI penalties in Arizona law are an extreme treatment for DUI offenders exceeding the legal limit for alcohol concentration. If you are facing DUI charges, hiring experienced DUI defense attorneys may result in the reduction of or even getting charges dismissed depending on the circumstances of your Arizona DUI charges.

Common first time DUI defenses

Several defenses are available under Arizona law. Some of the most common DUI defenses include...

• The traffic officer may not have a legal reason to stop the vehicle.
   
• If the officer did not recite the Miranda rights to avoid self-incrimination or the right to have an attorney involved during questioning.
   
• There may be physical ailments that eschewed the field sobriety test, and the level of intoxication can be challenged.
   
• The blood collection may not have been handled correctly and became contaminated.

All cases are unique, so other defenses may come into play.

Aaron M. Black Law for DUI Defense

Should you or someone you care for be charged or are under investigation for a DUI, it is imperative that you have an experienced DUI defense attorney such as myself to defend you at the earliest possible time.

The clock starts ticking on your arrest immediately, and delaying getting help can impact your outcome. For instance, you have only 30 days after your DUI arrest to request a license suspension hearing with the Arizona MVD (Motor Vehicle Department).

During my career spanning almost two decades as a DUI defense attorney, I know that good people can find themselves in legal difficulty and that is why I ensure they have the best defense possible. My goal is always to win.

While others may pawn you off to staff, Aaron M. Black Law provides personalized legal services, help, and encouragement. You will always be talking directly to me at every stage of a first DUI case. My goal is always to have all charges dismissed.

Begin your DUI defense immediately by calling 480-729-1683 at any time on any day, and I will respond promptly unless I am in court or at a trial. You may also request assistance by using the online contact form on my website.

As a Phoenix criminal defense attorney, I defend DUI cases throughout Arizona, including Maricopa, Pinal, Yavapai, and Coconino County Superior Courts.

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