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Drunk Driving/DUI/DWI

If you’ve been charged with a DUI offense here in Arizona you will need an experienced DUI attorney to fight to protect your rights. Driving under the influence (DUI/DWI) is a mandatory jail offense in Arizona. Our state has some of the most strict and punishing laws in the nation. Even for first time offenders, a conviction carries a mandatory jail sentence, a driver’s license suspension, fines, and in alcohol related cases a requirement to install an ignition interlock device in your vehicle. Repeat offenders can also face felony charges, which may include mandatory prison time. Hiring an experienced DUI defense team can make the difference in your case. The trial lawyers at The Law Offices of Robert Arentz average over 30 years of DUI defense experience. With affordable flat fees and payment arrangements available, we can help you today.

TYPES OF DUI OFFENSES IN ARIZONA

Arizona has both misdemeanor and felony DUI offenses, with the penalties ranging from a minimum of 24 hours in jail for some misdemeanor offenses to years of prison time for felony offenses. In addition to jail or prison time, a DUI conviction can have serious professional and financial implications. With mandatory fines and surcharges, jail costs, increased auto insurance premiums and high risk insurance, the cost of even a first offense DUI can exceed $10,000.00. Hiring the right attorney, with decades of experience, can help you avoid these consequences. Over the past 35 years our lawyers have used multiple defenses to help our clients beat DUI charges. Contact our DUI defense team right now to begin the defense of your case today.

MISDEMEANOR DUI OFFENSES

Misdemeanor DUI/DWI (28-1381A1 and 28-1381A2) – If you are being cited with 28-1381A1, this part of the DUI statute means you are 21 years of age or older and are charged with operating a motor vehicle while impaired to the slightest degree, with a blood alcohol concentration between .04%- .08% within 2 hours of driving. If the offender has a commercial driver’s license (CDL) and the BAC exceeds .04%, then they can be charged with a DUI. If you have a BAC of .08% or above within 2 hours of driving you are being charged with 28-1381A2. Both carry the following penalties:

FIRST OFFENSE PENALTIES:

  • A maximum of 6 months in jail
  • Mandatory minimum of 10 days in jail (9 days may be suspended)
  • Mandatory alcohol screening and recommended classes
  • Minimum fine and surcharge of approximately $1,537.00
  • Ignition interlock device in your vehicle for a minimum of 1 year
  • 90 day license suspension by the Arizona Department of Transportation (ADOT)

2nd OFFENSE PENALTIES: (within 7 years of the 1st conviction)

  • A maximum of 6 months in jail
  • Mandatory minimum 90 days in jail (60 days may be suspended)
  • Minimum fine and surcharge of approximately $3,500.00
  • 30 hours community service
  • Requirement for SR22 insurance policy for 3 years
  • 1 year driver’s license suspension by ADOT
  • Ignition interlock device installed for 18 months
  • SR22 insurance for 3 years

Extreme DUI – BAC .15% or Higher (28-1882A1) – If you are cited under this part of the DUI statute you are being charged with operating a motor vehicle with a blood alcohol content between .15% and .199% within 2 hours of driving. Arizona has mandatory sentencing guidelines that judges must follow. Listed below are the penalties for this offense.

1st OFFENSE EXTREME DUI PENALTIES: (28-1382A1)

  • A maximum of 6 months in jail
  • Mandatory minimum of 30 days in jail (21 days can be suspended if an ignition interlock device is installed into your vehicle right away)
  • Substance abuse screening and alcohol classes
  • Minimum court fines and costs of $2,787.00
  • Ignition interlock device installed for a minimum of 1 year
  • SR22 insurance for three years
  • 90 day license suspension

2nd OFFENSE EXTREME DUI PENALTIES: (28-1382A1) (2nd DUI within 7 years of 1st conviction)

  • A maximum of 6 months in jail
  • Mandatory minimum of 120 days in jail
  • One year license suspension
  • Drug and alcohol screening before alcohol education enrollment
  • Alcohol education course
  • 30 days community service
  • Ignition interlock device installed for 18 months
  • SR22 insurance for 3 years

Super Extreme DUI – BAC .20% or Above (28-1382A2) – If you are cited with a super extreme dui, your BAC was .20% or above within 2 hours of driving. The penalties for this offense are listed below:

FIRST OFFENSE SUPER EXTREME DUI PENALTIES:

  • Up to 6 months in jail
  • Mandatory minimum of 45 days in jail
  • Minimum fines of $2,750.00
  • Mandatory alcohol classes
  • Ignition interlock device installed in your vehicle for a minimum of 18 months
  • Judge can order that you not consume alcohol for a period of ninety days, including the requirement to wear a continuous alcohol monitoring device on your ankle.
  • 90 day license suspension

SECOND OFFENSE SUPER EXTREME DUI PENALTIES: (28-1382A2) (2nd Offense DUI within 7 years)

  • Mandatory minimum of 180 days in jail (no days can be suspended)
  • Fines and surcharges of approximately $4,649.00
  • Mandatory alcohol classes (36 class minimum)
  • 1 year license suspension
  • SR22 insurance requirement
  • 30 hours of community service
  • 2 years requirement for an ignition interlock device attached to your steering wheel

DUI DRUGS/MARIJUANA DUI (28-1381A3) – It is illegal to drive in Arizona with a metabolite of illegal or illicit drugs in a person’s body. Illegal drugs are common drugs like cocaine, methamphetamine, heroin etc. that are illegal for everyone to use. Illicit drugs are a legal prescription drug that is possessed or used by someone who does not have a valid prescription to consume or possess those drugs. Even if you are driving with a prescribed medication in your body you may still be charged with a DUI drugs. However, the fact that you have a valid prescription can be used as an affirmative defense. This also holds true for someone with a medical marijuana card that has marijuana in their system. The penalties for a DUI drug conviction are the same as a DUI alcohol conviction.

FELONY DUI/AGGRAVATED DUI OFFENSES

Aggravated DUI (28-1383) under this section refers to any one of three ways an individual can be charged with a felony DUI in Arizona. A DUI that constitutes a third offense within a seven year time frame, or an individual driving under the influence without a valid driver’s license, are both class 4 felonies. Having a child under the age of 15 in the car as a passenger is a class 6 felony. Arizona has the toughest penalties in the country for aggravated DUI. Listed below are the penalties for these offenses.

PENALTIES FOR 1st OFFENSE AGGRAVATED DUI (F4): 28-1383(A)(1) and 28-1383 (A)(2)

  • A mandatory minimum of 4 months in prison (presumptive sentence is 2.5 years)
  • Supervised probation once released from prison
  • Substance abuse screening and 36 classes
  • Installation of an ignition interlock device for 2 years
  • Revocation of driving privilege
  • Loss of voting and gun rights (on any felony conviction)

PENALTIES FOR A 2nd OFFENSE AGGRAVATED DUI (F4):

  • Mandatory minimum of 2.5 years in prison, with a maximum of 7.5 years
  • 3 year license revocation
  • Ignition interlock device for 2 years
  • SR22 insurance
  • Substance abuse screening

AGGRAVATED DUI WHILE A CHILD UNDER THE AGE OF 15 AS A PASSENGER (F6): 28-1383(A)(3):

While still a felony, this offense is not as serious as the standard class 4 felony. The state must prove that you had a passenger under the age of 15 in the vehicle, and that you were impaired by alcohol while driving or had a blood alcohol concentration of .08% or above within two hours of driving. There are multiple defenses to this offense. Listed below are the penalties involved.

PENALTIES FOR 1st OFFENSE AGGRAVATED DUI WITH A PASSANGER UNDER 15 IN THE VEHICLE (F6):

  • Presumptive sentence is 1 year in prison, although not mandatory. The usual range of sentence can range anywhere from 1 day to 90 days in jail, depending on the blood alcohol content at the time of the arrest. The jail time on this offense can mirror those of the penalties under the misdemeanor statutes.
  • License revocation of 3 years
  • 1 year ignition interlock device
  • Felony probation
  • Substance abuse screening
  • Loss of voting and gun rights (on any felony conviction)

WHAT HAPPENS WHEN BEING CHARGED WITH A DUI?

In many cases, arresting agencies in Arizona will cite and release someone when they are charged with a misdemeanor DUI. In most cases, a citation listing pending charges is issued, along with a date to appear in court. Additional paperwork regarding blood or breath test rights, vehicle impoundment information and information regarding their driving privilege may also be given. For felony DUI cases, law enforcement normally takes the accused into custody, where they are then scheduled for an initial appearance before a judge within 24 hours of the arrest. At the initial appearance, the judge will review the pending charges, and will issue the conditions of release, which may include a bond or other conditions.

WHY SHOULD I CALL YOU NOW?

Once charged with a DUI, there are important deadlines that we can help you protect. For misdemeanor offenses, the first court appearance or arraignment date is usually scheduled within weeks of your arrest. In most courts, our trial attorneys can appear for you at your arraignment and your appearance is waived. On felony or aggravated DUI offenses, the defendant is normally required to appear at all court dates. Another very important and time sensitive issue for many clients is their driver’s license. If the police took your license when you were cited and you were issued a temporary license called an Admin Per Se, you have 15 days from the date of the notice to request a hearing or your driving privilege is automatically suspended for 90 days or longer. Our lawyers will request this hearing for you, and will appear with or for you at the administrative hearing with the Arizona Department of Transportation. There are additional time sensitive issues with respect to preserving blood/urine samples and breath results, and other forms of discovery. Because most cases occur over a short duration, usually 3-6 months, it is beneficial to hire our office as early in the process as possible.

CAN I AFFORD TO HIRE YOU?

The Law Offices of Robert Arentz offers a free office visit and case evaluation. We work on a flat fee basis for all criminal cases, and offer payment plans on most cases not set for trial. We work with each client individually, and attempt to make our services affordable for everyone. We are available 24 hours a day at 602-266-9600 or toll free at 1-800-710-4000.