Arizona DUI Penalties

There are several types of DUI charges and the penalties vary depending on the type.  All DUI convictions will require a substance abuse evaluation and counseling, as well as the installation of an ignition interlock device on a vehicle that you operate.  The minimum sentences, particularly the minimum fines and surcharges, always seem to increase with every amendment to the DUI laws.  As always, you can call us for a free case assessment at (520) 314-4125 or contact us online.  Here’s a list of the various types of DUI and their maximum and minimum sentences:

Impaired to the Slightest Degree or BAC above .080 – First Offense

MAXIMUM:  6 months in jail, a $2500 fine, 5 years supervised probation

MINIMUM:  10 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. A $250.00 fine, plus a surcharge, and two additional $500.00 assessments.

LICENSE:  The Arizona MVD will suspend your driver’s license for a minimum of 90 days.  After the first 30 days, you may be able to obtain a restricted license that allows you to travel to and from work, school, and/or treatment.

Impaired to the Slightest Degree or BAC above .080 – Second Offense

MAXIMUM:  6 months in jail, a $2500 fine, 5 years supervised probation

MINIMUM:  90 days in jail, however, the court may suspend 60 of the 90 days if you complete the required alcohol and/or drug evaluation, and submit to treatment. A $500.00 fine, plus a surcharge, and two additional $1250.00 assessments.

LICENSE:  Your driver’s license will be revoked for an entire year.  After the first 45 days, you may be able to obtain a restricted license that allows you to travel to and from work, school, and/or treatment, as long as an Ignition interlock device is installed on a vehicle that you operate.

Drug DUI (including medications) 

MAXIMUM: 6 months in jail, a $2500 fine, 5 years supervised probation

MINIMUM:  90 days in jail, however, the court may suspend 60 of the 90 days if you complete the required alcohol and/or drug evaluation, and submit to treatment. A $500.00 fine, plus a surcharge, and two additional $1250.00 assessments.

LICENSE:  The Arizona MVD will suspend your driver’s license for a minimum of 90 days.  After the first 30 days, you may be able to obtain a restricted license that allows you to travel to and from work, school, and/or treatment. You should not be required to install an ignition interlock device on your vehicle if the judge has not ordered alcohol treatment/counseling.

Extreme DUI (BAC above .150) – First Offense

MAXIMUM:  A maximum of 6 months in jail, a $2500 fine, 5 years of supervised probation

MINIMUM:  30 days in jail, a $250 fine, plus a surcharge, and three additional assessments of $250.00, $1250.00, and $1000.

LICENSE:  The Arizona MVD will suspend your driver’s license for a minimum of 90 days.  After the first 30 days, you may be able to obtain a restricted license that allows you to travel to and from work, school, and/or treatment.

Extreme DUI (BAC .150 or more) – Second Offense

MAXIMUM:  A maximum of 6 months in jail, a $2500 fine, 5 years of supervised probation

MINIMUM:  120 days in jail, $500 fine, plus a surcharge, two assessments of $1,250 each, and an additional assessment of $250 dollars.

LICENSE:  Your driver’s license will be revoked for an entire year.  After the first 45 days, you may be able to obtain a restricted license that allows you to travel to and from work, school, and/or treatment, as long as an Ignition interlock device is installed on a vehicle that you operate.

Super Extreme DUI (BAC .200 or more) – First Offense

MAXIMUM:  A maximum of 6 months in jail, a $2500 fine, 5 years of supervised probation

MINIMUM:  45 days in jail, a $500 fine,  plus a surcharge, two assessments of $1000 each, and an additional assessment of $250.00.

LICENSE:  The Arizona MVD will suspend your driver’s license for a minimum of 90 days.  After the first 30 days, you may be able to obtain a restricted license that allows you to travel to and from work, school, and/or treatment.

Super Extreme DUI (BAC .200 or more) – Second Offense

MAXIMUM:  A maximum of 6 months in jail, a $2500 fine, 5 years of supervised probation

MINIMUM:  180 days in jail, $1000 dollar fine, plus a surcharge, two assessments of $1,250 each, and an additional assessment of $250.00.

LICENSE:  Your driver’s license will be revoked for an entire year.  After the first 45 days, you may be able to obtain a restricted license that allows you to travel to and from work, school, and/or treatment, as long as an Ignition interlock device is installed on a vehicle that you operate.

Aggravated DUI (DUI with a Child under 15 years old in vehicle)

This type of aggravated DUI is a Class 6 Felony.  The maximum prison sentence for a Class 6 Felony depends on whether you have any prior felony convictions that qualify as “historical priors”.  If you have no prior convictions, the maximum sentence is 2 years in prison.  With one prior conviction, the maximum sentence goes up to 2.75 years in prison.  With two prior convictions, the maximum sentence goes up to 5.75 years in prison.  You could also be sentenced to up to 10 years of supervised probation.  The maximum fine is $150,000.

The minimum sentence for this type of Aggravated DUI is the same as the minimum sentence for the misdemeanor DUI that the offense would have been had there been no child in the vehicle.  A conviction will also result in the revocation of your driver’s license for one year and may result in the forfeiture of your vehicle.

Aggravated DUI (3rd DUI within 7 Years, or DUI while License is Suspended or Restricted)

This type of Aggravated DUI is a Class 4 Felony.  The maximum prison sentence for a Class 4 Felony depends on whether you have any prior felony convictions that qualify as “historical priors”.  If you have no prior convictions, the maximum sentence is 3.75 years in prison.  With one prior conviction, the maximum sentence goes up to 7.5 years in prison.  With two prior convictions, the maximum sentence goes up to 15 years in prison.  You could also be sentenced to up to 10 years of supervised probation.  The maximum fine is $150,000.

The minimum sentence for this type of Aggravated DUI is 4 months in prison.  If this is your fourth DUI within 7 years, the minimum sentence is 8 months in prison.  A felony DUI conviction will also result in the revocation of your driver’s license for three years and may result in the forfeiture of your vehicle.

IMPORTANT NOTE: This information is provided as an educational resource and can give you a general idea of what you might be facing if charged with a DUI. However, you should consult an experienced DUI defense lawyer for a more accurate projection of what your sentence may be if you are convicted.

For more information on other areas of criminal defense, visit our criminal defense site at: www.ArizonaDefenseAttorney.net