Arizona has a reputation for imposing some of the harshest penalties upon people who have been arrested for, and convicted of DUI.  Undoubtedly, prosecutors in all cities throughout the Phoenix area aggressively prosecute individuals who have been charged with Driving While Impaired to the Slightest Degree, Driving with an Alcohol Concentration Above .08%, Extreme DUI or Super Extreme DUI.  In addition to the harsh penalties imposed by the courts, your drivers license will likely be suspended or revoked by the Arizona Motor Vehicle Division  following an arrest or conviction.

Penalties for DUI in Arizona:

The potential punishment for DUI in Arizona depends upon a number of factors including your blood alcohol concentration, whether you have previously been convicted of DUI and whether your DUI case involved an accident or injury to others.  

Here are the Typical Penalties for a First Offense DUI:

1. Driving While Impaired to the Slightest Degree (A.R.S. 28-1381A1):   A first offense Driving While Impaired conviction can result in your serving between one and ten days jail.  Typically, you will be sentenced to ten days in jail.  However, nine of those days can be suspended upon completion of alcohol screening and treatment.  There is a mandatory fine of $250 plus surcharges as well as separate $500 fees to the Prison Construction Fund and Department of Public Safety.  Finally, your license may be suspended or restricted for ninety days and you will be required to put a certified ignition interlock device in your car.

2. Driving With an Alcohol Concentration Above .08% (A.R.S. 28-1381A2):   Similar to Driving While Impaired, being convicted of Driving with an Alcohol Concentration Above the Legal Limit  will result in your serving between one and ten days jail.  Again, you will be sentenced to ten days in jail but  nine of those days can be suspended upon completion of alcohol screening and treatment.  There is a mandatory fine of $250 plus surcharges as well as separate $500 fees to the Prison Construction Fund and Department of Public Safety.  Finally, your license may be suspended or restricted for ninety days and you will be required to put a certified ignition interlock device in your car.

3. DUI Involving Marijuana, Illegal or Prescription Drugs (A.R.S. 28-1381A3): You can be arrested for, and convicted of  DUI if proven to be impaired by marijuana or any drug or alternatively, if there is an illegal drug in your system.  The penalties upon conviction are the same as a first offense alcohol DUI except, you can avoid having to place an ignition interlock device in your car.

4. DUI Involving an Alcohol Concentration Between .15 and .20 (Extreme DUI, A.R.S. 28-1382A1): Arizona classifies a DUI involving an alcohol concentration above .150 as "Extreme DUI" and provides for increased punishment.  This includes a minimum of 30 days jail, a fine of $250 plus surcharges and a DUI abatement fund fee of $250.  You will also be required to pay a $1,000 Prison Construction Fund Fee and $1,000 to the Department of Public Safety Fund.  Finally, you will incur a license suspension for up to ninety days, be required to place an interlock device on your car for eighteen months and complete both alcohol screening and treatment classes.

5. DUI Involving an Alcohol Concentration Between Above .20 (Super Extreme DUI, A.R.S. 28-1382A2): An even  greater punishment will be imposed upon people whose alcohol concentration is found to be greater than .20. This includes a minimum of 45 days jail, a fine of $250 plus surcharges and a DUI abatement fund fee of $250.  You will also be required to pay a $1,000 Prison Construction Fund Fee and $1,000 to the Department of Public Safety Fund.  Finally, you will incur a license suspension for up to ninety days, be required to place an interlock device on your car for eighteen months and complete both alcohol screening and treatment classes.

The Penalties for a Second DUI Conviction Within Seven Years Are:

If you are convicted of a second DUI offense within a seven year period, the penalties will dramatically increase.  

1. DUI While Impaired to the Slightest Degree / DUI Above .08 / DUI Involving Drugs: Being convicted of a second DUI offense within a seven year period will result in your serving between 30 and 90 days in jail.  You will also be ordered to pay a fine of $500 plus surcharges, a DUI abatement fee of $250, a  $1,250 Prison Construction Fee and a $1,250 Department of Public Safety Fund Fee.  Alcohol screening and treatment classed will be mandatory and your drivers license can be revoked for up to one year.

2. Extreme DUI with a Prior DUI Within Seven Years: There is a mandatory jail term of 120 days for someone who has been convicted of Extreme DUI and who has a previous DUI offense within the last 84 months.  The fines and fees remain consistent and include the  $500 plus surcharges, a DUI abatement fee of $250, a  $1,250 Prison Construction Fee and a $1,250 Department of Public Safety Fund Fee.  Alcohol screening and treatment classed will be mandatory and your drivers license can be revoked for up to one year.

3. Super Extreme DUI with a Prior DUI Within Seven Years: Conviction for a second DUI offense which involves an alcohol concentration above .20 and a prior DUI within seven year will result in a term of six months jail.  You will also be required to pay the same $500 fine, $250 Abatement Fee, $1,250 Prison Construction Fee and $1,250 Department of Public Safety Assessment.  

Call (480) 833-8613 for Immediate Help with Your DUI Case

Undoubtedly, a DUI conviction will result in very severe penalties. If you are charged with DUI in any city within the greater Phoenix area, you should immediately consult with an experienced DUI lawyer for assistance.  Attorney Raymond Kimble is a former police officer, DUI and felony prosecutor and has represented thousands of people charged with DUI in Tempe, Mesa, Chandler, Gilbert, Scottsdale, Phoenix and other cities throughout Maricopa and Pinal Counties over the last twenty years. Ray Kimble  will have a clear understanding of all the circumstances in your case, along with the knowledge, skill and experience to protect your drivers license and achieve the best possible outcome for you.   

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