What Happens When You Get a DUI in Arizona?

When a person is arrested and charged with driving under the influence (DUI) in Arizona, the Motor Vehicle Division (MVD) automatically suspends his license 15 days after the arrest unless he requests a hearing. In addition to that administrative penalty, he also will be prosecuted in criminal court. He has the right to a jury trial with a six-member jury or a judge will conduct a bench trial and issue a verdict himself.

Above .08 percent BAC

A driver with a blood alcohol content (BAC) of between .08 percent and .14 percent is guilty of a Class 1 misdemeanor in Arizona. A first time offender faces 10 days in jail and a $250 fine under Section 28-1381(I)(1) and (2) of the Arizona legislature. A second offense within five years of the first is punishable by 90 days in jail and a $500 fine as set forth in Section 28-1381(K)(1) and (2).

"Extreme" DUI

Arizona imposes harsher penalties for drivers with a BAC of more than .15 percent. They are called "extreme" DUIs and are Class 1 misdemeanors. Section 28-1382(D)(1) and (2) sets the penalty for a first time offender at 30 days in jail with a $250 fine. A second conviction within five years is punishable by 120 days in jail and a $500 fine.

Felony DUI

A DUI becomes a Class 4 felony on the third offense or at any time a driver is arrested with a child under age 15 in the vehicle. If convicted, a person can serve between four months and 10 years in prison, depending on his prior criminal record. Additionally, there is a substantial fine of up to $150,000.

References

• 1.800.DUI.LAWS: Arizona DUI Laws
• Arizona State Legislature: 28-1381. Driving...while under the influence
• Arizona State Legislature: 28-1382. Driving...while under the extreme influence