Official DUI Law for Arizona
Most DUI charges in Arizona are misdemeanors. There are two situations in which a first time DUI is also a felony: if you have a suspended license or if there is a child under the age of 15 in the vehicle. All DUIs carry jail time, fines, counseling and loss of license. Arizona law allows for subjectivity when arresting DUIs, since police can bring charges even if your blood alcohol content (BAC) is below the standard 0.08 percent mark.
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Misdemeanor Charges
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Arizona law covers six kinds of misdemeanor DUIs. Basic DUI is impairment by alcohol or drugs at all (this does not require a BAC of .08 percent). When driving a commercial vehicle with a BAC greater than .04 percent, you are guilty of a Commercial DUI. A Minor DUI is anyone under 21 years old with a BAC greater than 0.0 percent. A Per Se DUI is when your BAC is above .080 percent within two hours of driving. If your BAC is over 0.15 percent within two hours of driving, you qualify for an Extreme DUI. A Drugs DUI is a special charge for driving with any illegal drug (or evidence of an illegal drug) in your system.
Felony Charges
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A Felony DUI is commission of any misdemeanor DUI in one of three specific situations. The first is Aggravated DUI Priors: you had a DUI conviction in the U.S. two or more times within the last five years. Getting a DUI while having any restrictions on your license is Aggravated DUI Restricted License. Finally, if a minor under 15 years old is in your vehicle, you are guilty of the very serious Aggravated DUI with a child in vehicle.
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Jail Time and Fines
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According to the Bergman Law Office, Basic or Per Se DUI first offenses require a minimum of 10 days (and up to six months) in jail. A judge may suspend most of the prison time if the accused is willing to attend treatment. Fines run about $1,800, plus the cost of jail. In addition, you may get up to five years probation, be required to perform community service and attend the Mother's Against Drunk Driving (MADD) Victim Impact Panel.
Additional Penalties
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License suspension is for three months, but application for a work/school permit at the end of the first 30 days is possible. Expect an ignition interlock device (to test your BAC) installation in your vehicle for one year. You must have a substance abuse evaluation. Higher BAC levels carry worse penalties, and penalties nearly double with a second offense.
Felony Penalties
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Aggravated DUI Priors require a minimum of four months in prison, up to $150,000 in fines and an ignition interlock device installed in your vehicle. Your driver's license is revoked for three years and you may be on probation for up to five years. With a child under 15 in the car, the charge becomes a Class 6 felony. This crime requires you to undergo at least the minimum punishments of the misdemeanor DUI, including prison time. The courts also have the right to take your vehicle.
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References
- Photo Credit to drunk to drive image by Marjan Veljanoski from Fotolia.com
