Top 12 Frequently Asked Questions About Arizona DUI Charges and Sentencing

In last month's article, DUI Defense Attorney David Maletta, with the Phoenix legal firm Colburn Hintze Maletta, talked about the top 12 most frequently asked questions regarding 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: DUI levels are classified in Arizona, as they are in most other states. A standard DUI is defined as a BAC (blood alcohol concentration) of 0.08 or higher, though commercial drivers can be charged with DUI if their BAC is higher than 0.04. A blood alcohol concentration (BAC) of 0.15 or higher is considered extreme DUI. A Super Extreme DUI is defined.

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

Answer: The fees for a skilled and experienced DUI attorney will vary depending on their qualifications. A DUI lawyer's fees will most likely range between $4,000 and $10,000, depending on a number of factors (first offense?, misdemeanor or felony DUI?, will the case go to trial?, and so on).

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: In Arizona, an Aggravated DUI (ARS 28-1383) is a Felony DUI Charge that, if convicted, will result in mandatory PRISON time. An Aggravated DUI charge is much more serious than a Regular DUI or Extreme DUI, so it is critical that you understand the gravity of an Aggravated DUI 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: For a misdemeanor DUI a 10 day jail sentence will be given. For a first offense Extreme DUI with a BAC of 0.15 percent or higher, a minimum of 30 days in jail; eligible for home detention after 2 days. Minimum fines and fees totaling 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, a driver's license is typically suspended for one year after being arrested for an alleged DUI or illegally refusing a blood alcohol concentration (BAC) test (12 months). This is known as an administrative per se suspension or implied consent driver's license 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.

If you have been charged with a DUI in Arizona, don't go it alone. An experienced DUI attorney can make the difference between jail time and community service.

In the Phoenix Valley call Colburn Hintze Maletta to speak with an experienced DUI lawyer. Call (602) 932-2999.