Arizona DUI Penalties and Punishments

The Criminal Consequences of an AZ Impaired Driving Conviction

In Arizona, the penalties for a DUI conviction depend on the type of DUI that was charged, and on the Defendant's criminal record. Click on each charge below to see an expanded explanation of the related penalties.  Also, please keep in mind that if you are under the age of 21, it is considered a separate offense if you have any blood alcohol content even if you are below an .08 or are not impaired to the slightest degree. This offense is sometimes referred to as a "baby dui" but is an additional charge which carries among other things, a two year license revocation.  Arizona is a zero tolerance state with respect to drinking alcohol and driving if you are under 21.  In addition, if you are operating a commercial vehicle at the time of the arrest, you are considered to be DUI if your BAC is .04 or above.  Finally, work release is available in most cases (work release is permitted 6 days per week for 12 hours per day), and Electronic Home Detention may be an option for you, depending on the jurisdiction.

First Impaired or BAC above .080

JAIL: Up to six months in jail and a $2500 fine but with a mandatory minimum of 10 consecutive days in jail. The penalty is 10 consecutive days in jail however the court may suspend 9 of the 10 days if you complete the required alcohol and/or drug evaluation, and submit to treatment.

FINE & COSTS: $250.00 fine, plus a surcharge.& Plus an additional $500.00 assessment for DPS, and another $500.00 for the Arizona Prison Construction Fund.

LICENSE: The MVD will suspend your driver's license for a minimum of 90 days.  You may be eligible for a restricted driver's license after the initial 30 days of the suspension, upon completion of an alcohol screening. This permit will allow to you travel to and from work, school, and/or treatment.

COUNSELING: The number of hours required as a part of your sentence will be determined by the alcohol screening agency.  The minimum number of hours is 16 hours of counseling. If the treatment program is completed, as ordered, if the court deferred some of the jail time then the jail time that was not served will be deleted and not have to be served

PROBATION: You may be placed on probation for up to five years.

IGNITION INTERLOCK DEVICE: You will be required to have the ignition interlock device installed on your vehicle for a minimum of 6 months.  If certain conditions are met, namely you successfully have had the interlock installed for 6 months, you have completed the court ordered evaluation and treatment and the interlock provider sends notice that you have successfully completed 6 months of the interlock, then the remaining 6 months of the interlock requirement can be removed.  This deletion of the last 6 months of the interlock requirement is not easily accomplished in that affirmative steps have to be taken and mvd  has to remove the requirement  and if this not done then the remaining 6 months is automatically required.  The Bergman Law Office will assist the client through this process and Brianne, the office assistant is adept at accomplishing issues with respect to licensing and dealing with mvd on the client's behalf.

Second Impaired or BAC above .080

JAIL: 90 days in jail. The Court may suspend 60 of the 90 days if you agree to get an alcohol and/or drug evaluation, and submit to treatment.

FINES & COSTS: Two mandatory assessments that are $1250 each and are set by statute, one assessment of $1250 is for the prison and operations fund and the other $1250 is to be deposited in the public safety and equipment fund.  In addition there is a $500 fine which is then subjected to a surcharge of 87 percent.  The total fines and fees runs in the range of $3,400 not including jail costs and other misc. expenses.

LICENSE: Your driver's license will be revoked for one year.  You may be eligible for a Special Ignition Interlock Device Restricted Driver's License (SIIRDL) after the initial 45 days of the suspension.  The SIIRDL will allow you to travel to and from work, school, and/or treatment, but you must have the Ignition Interlock Device in any vehicle that you operate.

COUNSELING: The number of hours required as a part of your sentence will be determined by the alcohol screening agency.  If the treatment program is completed, as ordered, then if the jail term of 90 days that is initially ordered, if 60 of those days had been deferred up front then this jail term will not have to be served and will be deleted.

COMMUNITY RESTITUTION: Minimum of 30 hours, examples of community service approved by courts are non- profit agencies like the salvation army, humane society and generally any organization that is approved by the court as non- profit in nature.  .

PROBATION: You may be placed on probation for up to five years.

IGNITION INTERLOCK DEVICE: You will be required to have the ignition interlock device installed on your vehicle for a minimum of 12 months.  Some jurisdictions offer the incentive of suspending a portion of the jail sentence upon successful completion (no missed blow, no fails, etc.) of the ignition interlock device.

First Extreme DUI (BAC above .150)

JAIL:   A maximum of 6 months in jail and a $2500 fine and a Minimum of 30 days in jail.

FINES & COSTS: $250 fine, plus a surcharge, and an additional $250.00 assessment to the Arizona DUI abatement fund. Plus an additional $1250.00 assessment for the prison construction fund and one additional $1000 assessment to the public safety equipment fund.  The total amount exceeds $2,700 and does not include jail costs.

LICENSE: The MVD will suspend your driver's license for 90 days.  You may be eligible for a restricted driver's license after the initial 30 days of the suspension, upon completion of an alcohol screening.  This permit will allow to you travel to and from work, school, and/or treatment.

COUNSELING: The number of hours required as a part of your sentence will be determined by the alcohol screening agency.  If the treatment program is completed, as ordered, some jurisdictions will suspend a portion of the jail sentence.

PROBATION: You may be placed on probation for up to five years.

IGNITION INTERLOCK DEVICE: You will be required to have the ignition interlock device installed on your vehicle for a minimum of 12 months.  Some jurisdictions offer the incentive of suspending a portion of the jail sentence upon successful completion (no missed blow, no fails, etc.) of the ignition interlock device.

Second Extreme DUI (BAC .150 or more)

JAIL: 120 days in jail.

FINE & COSTS: $500 fine plus a surcharge of 87 percent (total $935).  In addition, two assessments both of which are $1,250, one to the prison construction and operations fund and the other to the public safety equipment fund. Lastly,  there is an additional assessment of $250 dollars.  The total is approximately $3700 dollars and does not include jail fees.

LICENSE: Your driver's license will be revoked for one year.  You may be eligible for a Special Ignition Interlock Device Restricted Driver's License (SIIRDL) after the initial 45 days of the revocation.  This applies for dates of offense after Jan. 2012. The SIIRDL will allow you to travel to and from work, school, and/or treatment, but you must have the Ignition Interlock Device in any vehicle that you operate.

COUNSELING: Required.

COMMUNITY RESTITUTION: Minimum of 30 hours.

PROBATION: You may be placed on probation for up to five years.

IGNITION INTERLOCK DEVICE: You will be required to have an Ignition Interlock Device installed on your vehicle.

First Super Extreme DUI (BAC .200 or more)

JAIL: 45 consecutive days in jail.

FINE & COSTS: $500 fine  plus an 87 percent surcharge, plus an additional $250.00 assessment to the Arizona DUI abatement fund. In addition shall pay an additional $1000.00 assessment for DPS. Plus an additional prison construction fund fee of $1,000.00.  Total is approximately $3200 dollars.

LICENSE: The MVD will suspend your driver's license for 90 days.  You may be eligible for a restricted driver's license after the initial 30 days of the suspension, upon completion of an alcohol screening.  This permit will allow to you travel to and from work, school, and/or treatment.

COUNSELING: The number of hours required as a part of your sentence will be determined by the alcohol screening agency.  If the treatment program is completed, as ordered, within 6 months of the conviction, some jurisdictions will suspend a portion of the jail sentence.

PROBATION: You may be placed on probation for up to five years.

IGNITION INTERLOCK DEVICE: You will be required to have the ignition interlock device installed on your vehicle for a minimum of 12 months.  Some jurisdictions offer the incentive of suspending a portion of the jail sentence upon successful completion (no missed blow, no fails, etc.) of the ignition interlock device.

Second Super Extreme DUI (BAC .200 or more)

JAIL: 180 days in jail.

FINE & COSTS: $1000 dollar fine plus an 87 percent surcharge, plus an additional $250.00 assessment to the Arizona DUI abatement fund. Two $1,250.00 assessments. Jail costs could be upwards of $13,000 if they are not modified or waived in whole or in part by the judge.

LICENSE: Your drivers' license will be revoked for one year with the ability to obtain the SIIRDL (special interlock ignition driver's license) after 45 days for offenses with a date of violation after Jan. 1, 2012.

COUNSELING: Required.

COMMUNITY RESTITUTION: Minimum of 30 hours.

PROBATION: You may be placed on probation for up to five  years.

IGNITION INTERLOCK DEVICE: You will be required to have an Ignition Interlock Device installed on your vehicle for 24 months .

Felony DUI (3rd DUI within 7 Years, or DUI w/ License Suspended or Restricted)

NOTE: The sentence guidelines below presuppose a completely clean felony record. Historical priors may significantly enhance any felony sentence. This is a class 4 felony and subject to the sentencing ranges based on historical priors as such. A DUI conviction under this section could potentially carry over 10 years in prison.

PRISON: 4 months in prison is the mandatory minimum before you are eligible for probation, pardon, commutation or suspension of the sentence, or release on any other basis.

FINE & COSTS: Up to $150,000.00 in fines, plus a surcharge, plus an additional $250.00 assessment to the Arizona DUI abatement fund. (Plus an additional $1,500.00 assessment for arrests after March 13, 2004).

LICENSE: Your driver's license will be revoked for three years.

COUNSELING: If probation is granted by the sentencing Court, you will be required to submit to treatment.

PROBATION: You may be placed on probation for up to ten years.

VEHICLE FORFEITURE: If you were driving a vehicle you owned at the time of the DUI arrest that led to your conviction, the Court may take your vehicle as well.

Felony DUI (w/ a child under 15 years old in vehicle)

NOTE: The sentence guidelines below presuppose a completely clean felony record. Historical priors may significantly enhance any felony sentence. This is a class 6 felony and subject to the sentencing ranges based on historical priors as such.

JAIL OR PRISON: A person convicted under this section will have to serve at least the minimum sentences for the misdemeanor DUI's described above if the offense would have been a misdemeanor but for the presence of the minor child.

FINES & COSTS: Up to $150,000.00 in fines, plus a surcharge as is potentially available because of the felony status of the offense but  realistically two mandatory assessments of $1500 dollars, plus a $750 fine and surcharge and an additional $250.00 assessment to the Arizona DUI abatement fund. The total is nearly $5000 dollars.

LICENSE: Your driver's license will be revoked for three years but for offenses committed after Jan. 1, 2012 the revocation period is has been reduced to one year.

PROBATION: You may be placed on probation for up to ten years.

COUNSELING: If probation is granted by the sentencing Court, you will be required to submit to treatment.

VEHICLE FORFEITURE: If you were driving a vehicle you owned at the time of the DUI arrest that led to your conviction, the Court may take your vehicle as well.

Consult an experienced DUI Defense Lawyer for an accurate projection of what your punishment may be if convicted.

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Bergman

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Azroad

Whether you made a mistake or you're falsely accused, we want to help you get through this, back to a normal life, and back on the road.