Understanding the Arizona DUI Sentencing Chart

Driving under the influence of alcohol can have severe consequences. Aside from subjecting yourself and others to the possibility of serious injuries and even death, drunk driving may result in hefty fines, a revoked driver’s license and jail time.

In Arizona, DUI drivers are subjected to some of the toughest penalties in the nation. If you’re facing a DUI conviction, consider speaking with an experienced Phoenix DUI lawyer. Attorney Michael Alarid is one of only five Arizona attorneys to have received board certification from the National College for DUI Defense (NCDD).

What Is the Legal Blood Alcohol Limit in Arizona?

When it comes to drunk driving, Arizona is a no-tolerance state. Although the legal blood alcohol concentration (BAC) limit in Arizona is .08 percent, you can still be arrested even if your BAC is under that limit. If you get pulled over and a police officer determines your BAC is less than the legal limit of .08 percent, but you appear impaired, you may still be arrested and charged with a DUI.

How could this happen? Unfortunately, a BAC is a “one-size-fits-all” measure to judge legal impairment. The truth is everyone is different, and some people may not be able to drive safely even if their BAC is under .08 percent. Factors like age, alcohol tolerance, food intake, level of hydration and time from the last drink are all relevant factors that can influence a person’s level of intoxication.

DUI Offenses Based on Blood Alcohol Concentration Level

In Arizona, a DUI offense can be regular, extreme or super extreme. These varying degrees are based on your BAC test results.

Regular DUI, First Offense

People whose blood alcohol content ranges from .08 percent to .149 percent within two hours of driving or those who are believed to be impaired even if their BAC is under the legal limit may be charged with a regular DUI.

Arizona classifies a regular DUI as a class 1 misdemeanor. Adults convicted for a regular DUI can expect the following penalties:

• Jail time: Minimum  10 days with 9 suspended upon successful completion of alcohol counseling
• Fines and jail costs: approximately $2000 or more
• Driver’s license suspension: 90 days
• Ignition interlock on your vehicle: 12 months after driver’s license reinstatement
• Probation: Up to five years
• Mandatory alcohol evaluation and treatment
• ·Impounding your vehicle
• Traffic Survival School

Extreme DUI, First Offense

An extreme DUI is given to individuals with BAC ranging from .15 to .19 within two hours of driving. In Arizona, an extreme DUI is considered a class 1 misdemeanor but typically results in harsher penalties than those for a standard DUI. These penalties are:

• Jail time: Minimum 30 days (possible reduction with installation of ignition interlock device)
• Fines and jail costs: approximately $2700 or more
• Driver’s license suspension: 90 days
• Ignition interlock on your vehicle: 12 months after driver’s license reinstatement
• Probation: Up to five years
• Mandatory alcohol evaluation and treatment
• Impounding your vehicle
• Community service
• Traffic survival school

Super Extreme DUI, First Offense

If an impaired driver’s BAC is determined to be .20 or more within two hours of driving, they can be charged with a super extreme DUI, which (along with regular and extreme DUIs) is considered a class 1 misdemeanor.

The penalties for this category of DUI are:

• Jail time: minimum  45 days (possible reduction with installation of ignition interlock device)
• Fines and jail costs: approximately $3200 or more
• Driver’s license suspension: 90 days
• Ignition interlock on your vehicle: 18 months after driver’s license reinstatement
• Probation: Up to five years
• Mandatory alcohol evaluation and treatment
• Impounding your vehicle
• Community service
• Traffic survival school

Keep in mind your penalties may be much harsher if you have a previous DUI conviction. For example, a regular DUI, second offense can put you in jail for 90 days with 60 days suspended and result in a $3500 fine as opposed to 10 days with 9 suspended in jail and a $2000 fine for first-time offenders.

Charged with a DUI in Arizona? Contact a Phoenix DUI Lawyer Today

If you’ve recently been charged with a DUI in Arizona, you may be feeling overwhelmed, frightened and uncertain about the future. Criminal defense lawyer, Michael Alarid III is here to offer you legal representation during this challenging time. Mr. Alarid will use his legal expertise and passion for defending others to help you fight the charges you’re facing.

To schedule a free case evaluation, call 602.818.3110.