Twelve Frequently Asked Questions When Faced With Arizona DUI Charges and Sentencing

In last month's article, DUI Defense Lawyer David Maletta, with the Phoenix law firm Colburn Hintze Maletta, talked about the 12 most frequently asked questions about DUI charges and sentencing in Arizona.

Question 1. What is the penalty for a first DUI in Arizona?

Answer: First time DUI offenders will receive 10 days in jail and a $1,250 fine. You will also be required to go through alcohol screening/education/treatment, install a certified ignition interlock device in any vehicle you operate, and perform community service.

Question 2. What are the levels of DUI in Arizona?

Answer: Arizona, like most states, categorizes DUI levels. A standard DUI is a BAC (blood alcohol concentration) of 0.08 or higher, though commercial drivers can face DUI charges if their BAC is higher than 0.04. A BAC of 0.15 or higher is considered extreme DUI. A BAC of 0.20 or higher is considered a Super Extreme DUI.

Question 3. How much is a DUI lawyer in Arizona?

Answer: The fees for an aggressive and experienced DUI Lawyer will vary according to their qualifications. The average cost of a DUI lawyer will most likely fall between $4,000 and $10,000, depending on a variety of factors (first offense?, misdemeanor or felony DUI?, will the case go to trial?, etc.).

Question 4. Can a DUI be dismissed in AZ?

Answer: A DUI is not supposed to be dismissed in Arizona unless the evidence is insufficient. In any case, certain Arizona city courts, including Phoenix, will not accept reckless driving in lieu of a DUI.

Question 5. What is a misdemeanor DUI in AZ?

Answer: If your blood alcohol concentration is less than 0.08 percent, or greater than 0.04 percent if driving a commercial vehicle, you will be charged with a misdemeanor DUI. This is a misdemeanor offense in Arizona.

Question 6. What is an aggravated DUI in Arizona?

Answer: An Aggravated DUI (ARS 28-1383) is a Felony DUI charge in Arizona that, if convicted, results in mandatory PRISON time. Because an Aggravated DUI charge is much more serious than a Regular DUI or Extreme DUI, it is critical that you understand the gravity of the charge.

Question 7. What is the penalty for a second DUI in Arizona?

Answer: In Arizona, a second DUI within seven years of a first DUI is a class 1 misdemeanor. Penalties include 90 days in jail, a one-year license suspension, at least $3,000 in fines, an alcohol and drug test, traffic school, and a year of using an ignition interlock device.

Question 8. What is the minimum and maximum jail time for a DUI in Arizona?

Answer: A misdemeanor DUI will result in a 10-day jail sentence. A minimum of 30 days in jail for a first offense Extreme DUI with a BAC of 0.15 percent or higher; eligible for home detention after 2 days. Fines and fees must total at least $2,800.

Question 10. Does Arizona report DUI to other states?}

Answer: Because Arizona is a member of the Interstate Drivers' License Compact, any information about DUI arrests in other states is shared with Arizona.

Question 11. How long is your license suspended for a DUI in Arizona?

Answer: In Arizona, the DMV typically suspends a driver's license for one year after being arrested for an alleged DUI or unlawfully refusing a blood alcohol concentration (BAC) test (12 months). This is known as an implied consent driver's license suspension or an administrative per se suspension. Dec 1, 2021

Question 12. How long does a DUI affect your insurance in Arizona?

Answer: The "look back period" in Arizona is 84 months (7 years) from the date of your DUI offense. This means that a DUI conviction could affect your auto insurance rates for up to seven years. This is also the amount of time considered by the state of Arizona for repeat DUI offenders.

Don't go it alone if you've been charged with a DUI in Arizona. A skilled DUI lawyer can mean the difference between jail time and community service.

To speak with an experienced DUI lawyer in the Phoenix Valley, contact Colburn Hintze Maletta. Call (602) 932-2999.