Arizona First Offender

Most DUI arrests in Arizona involve two common DUI charges: 1) driving while impaired, and 2) driving with an alcohol content of 0.08 or higher within 2 hours of driving. Offenders are commonly charged with both.

Your license will be taken and automatically suspended or revoked for a period of 90 days to two years depending on the number of priors.

A first offense extreme DUI carries a minimum sentence of 30 days in jail, 20 of which can be suspended under certain conditions (which in Maricopa County usually means that a first-time offender will serve at least 10 days in Sheriff Joe’s tent-city.

First Offender Penalties (BAC .08 or higher):

You will most likely pay a $250 fine, spend a day in jail, get probation, submit to a drug/alcohol evaluation and treatment, and have your driver’s license suspended for a minimum of 90 days. Over 90 % of Arizona DUI offenders plead guilty.

JAIL: Minimum 10 consecutive days in jail. Maximum 6 months. The court may suspend 9 of the 10 days if you agree to get an alcohol and/or drug evaluation, and submit to treatment.

FINE & COSTS: $250.00 fine, plus a surcharge, plus an additional $250.00 assessment to the Arizona DUI abatement fund. However, fines can be as high as $2500 plus surcharges.

LICENSE: The MVD will suspend your drivers’ license for 90 days.

COUNSELING: If recommended in your evaluation and you want the Judge to suspend all but one day in jail.

PROBATION: You will probably be placed on probation, usually for one year, but possibly for up to five years.

First Offender--Extreme DUI (BAC above .15)

JAIL: 30 consecutive days in jail. The Court may suspend 20 of the 30 days if you agree to get an alcohol and/or drug evaluation, and submit to treatment.

FINE & COSTS: $250.00 fine, plus a surcharge, plus an additional $250.00 assessment to the Arizona DUI abatement fund.

LICENSE: The MVD will suspend your drivers’ license for 90 days.

COUNSELING: If recommended in your evaluation, the Judge may suspend all but ten days in jail.

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.

NOTE: Extreme DUI is still a misdemeanor, not a felony. DUI arrests involving injury, death, and damage to property are commonly felonies with substantially greater penalties, as are repeat offenses with two or more prior DUIs.

Test Refusal:

If you refuse the BAC test, your license may be suspended for one year. This is true even if you are found not guilty of the DUI charge.

Alcohol Abuse Screening:

First time offenders must complete an alcohol abuse screening, in order to avoid jail time. The court may order you to obtain counseling, education, or treatment if the court or the screening facility determines that you have a substance abuse problem.

Restricted License:

If you did not cause serious physical injury to another person, has not been convicted of a prior drinking and driving, you are entitled to a reduced punishment of a thirty day suspension and a sixty day restricted license.

A restricted drivers license allows the driver to operate a motor vehicle to and from work, medical appointments, and counseling sessions.

Commercial Driver:

If you have a commercial driver’s license and are arrested while operating a commercial vehicle with an alcohol concentration of .04 or more:

You will be sentenced to serve not less than ninety days in jail, thirty days of which shall be served consecutively, and will not eligible for probation. Fine: $500. You license will be revoked for one (1) year, and you may be sentenced to some community service.

However, the judge may suspend all but thirty days of the sentence if the person completes a court ordered alcohol or other drug screening, education or treatment program.

Under 21

First DUI violation with a BAC above .01 but below .18: you will have to serve ten days in jail, pay a fine of at least two hundred fifty dollars, and you may also be ordered to perform community service. License suspension: two (2) years.

First offense and your BAC is .18 or higher then you are guilty of an ’Extreme DUI’. Criminal penalties are the same as for an adult (see above). License suspension: two (2) years