Arizona Driving Under Influence Lawyer, Arizona Driving Under Influence Attorney

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Blood Alcohol Concentration

0.08

Suspension of licence for administravtive reasons after first offense?

90 days

Can driving priviledges be restored during suspension?

after 30 days

Penalties include forfeiture or ignition interlock?

yes/yes

"Open Container" laws

driver/passenger

Arizona Driving Under the Influence Law

In common with many other States, a DUI arrest in Arizona will lead to two cases being brought against the defendant, a criminal case and a Motor Vehicles Department case. If you have been arrested for DUI in Arizona, you have only 15 days in order to apply for a hearing at the Motor Vehicles Department in order to retain your driver's license. It is therefore essential that you contact an Arizona DUI lawyer as soon as possible.

Charges for DUI in Arizona can be brought under either, or both, the doctrine of being under the influence of alcohol or drugs whereby the defendant's mental or physical capabilities are impaired, affecting the defendant's ability to drive even in the slightest. The second recourse of action is to Blood Alcohol Concentration, currently set at 0.08%, under which the defendant can be charged regardless of whether or not the person is impaired. This method is based on body chemistry rather than how the vehicle in question was actually being driven. Arizona also has a system of “extreme” DUI where the Blood Alcohol Concentration is higher than 0.15% within two hours of driving. Minors can be charged with DUI with just a trace of alcohol in their blood.

Most DUI cases in Arizona are regarded as misdemeanors, however in certain circumstances they become a felony:

  • Accused has more 2 or more previous DUI convictions in the previous 5 years

  • Accused committed a DUI whilst having their driving privileges revoked

  • The presence of minor under the age of 15 in the car at the time.

Conviction Punishment
First with BAC between 0.08%-0.15% 10 day jail term, $750 fine plus surcharge, license suspended for 90 days, 5 years probation, if recommended attendance in a court approved counseling
Second offence within 5 years between 0.08%-0.15% 90 day jail term, reduced to 30 if alcohol/drug treatment is agreed to, $2000 plus surcharge fine, 1 year revocation of license, 5 year probationary period, ignition interlock device fitted to car.
First Extreme DUI 30 day jail term, reduced to 10 on agreement to participate in alcohol/drug treatment, $1500 plus surcharge fine, license revoked for 90 days, 5 year probationary period, ignition interlock fitted to car.
Second Extreme DUI 120 day jail term, reduced to 60 on agreement to treatment for alcohol/drug abuse, $2000 plus surcharge fine, revocation of license for 1 year, 5 year probationary period and an ignition interlock fitted to your car.
Felony DUI - 3rd DUI in 5 years, driving whilst restricted. Minimum 4 month jail sentence, up to $160,000 plus surcharge fine, 3 year revocation of license, counseling if probation is approved, 5 year probation period, forfeiting of vehicle owned at the time of DUI arrest.
Felony DUI - minor under 15 in car Jail sentence as for misdemeanor if minor had not been in the car, up to $151,750 plus surcharge fine, license revoked for 3 years, 5 year probationary period, if probation granted counseling is mandatory, car may be forfeit.

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