Arizona is one of the toughest states in the US when it comes to DUI laws. The fines and penalties for a DUI conviction in Arizona depend on the type of DUI the person is charged with. When a person is arrested or convicted for a DUI in Arizona, several issues need to be considered:
- Will the offender have to serve jail time? If yes, for how long?
- Will the person have to serve probation? If yes, for how long?
- Will the person have to pay fines and fees? If yes, how much?
- Will the driver’s license be suspended? If yes, for how long?
- Will the driver be required to go to a DUI school or do community service or alcohol counseling?
A.R.S. §28-1381 of the Arizona Revised Statutes defines the law for driving or being in actual physical control of a vehicle while under the influence of an intoxicating liquor. Basic laws regarding Arizona DUI fines and penalties are listed below:
First Offense DUI with BAC above 0.08%
A first offense DUI with a Blood Alcohol Concentration of 0.08% or more carries a jail sentence of up to 6 months. The offender is also required to serve a mandatory minimum sentence of 10 days in jail, from which 9 days can be suspended after completing a mandatory alcohol/drug evaluation. A first Arizona DUI offense is classified as a Class 1 misdemeanor and carries a $250 fine. The offender also has to pay $500 for the prison construction fund and $500 for the state general fund.
The driver’s license is also suspended for a minimum of 90 days by the MVD. The driver may apply for a restricted driver’s license after the first 30 days of the suspension. The court will also order mandatory installation of an Ignition Interlock Device for at least 6 months.
Second Offense DUI with BAC above 0.08%
A second offense DUI with a Blood Alcohol Concentration of 0.08% or more in Arizona is classified as a Class 1 misdemeanor. It carries a jail sentence between 30 – 90 days with a minimum fine of $500, plus $1,250 for prison construction and operations fund and another $1,250 for the general fund. The driver’s license will be revoked for 1 year. The judge may order community service, along with alcohol screening/education and treatment.
First Extreme DUI with BAC above 0.15%
A first time Extreme DUI carries a minimum of 30 days in jail and maximum prison sentence of 6 months. A number of fines and costs have to be paid. This includes a $250 fine, an additional $250 assessment to the DUI abatement fund in Arizona, $1,250 additional assessment for the prison construction fund, and an additional $1,000 assessment to the public safety equipment fund. This amounts to more than $2,700 in fines with additional penalties like jail time, license suspension, counseling, probation and installation of an Ignition Interlock Device.
Second Extreme DUI with BAC above 0.15%
A second time Extreme DUI in Arizona with BAC above 0.15% requires a prison sentence of 120 days. A number of fines and costs have to be paid. This includes a $500 fine, and an 87% surcharge which amounts to $935. Apart from the fine and surcharge, there are two additional assessments, both for $1,250. These assessment fees are for the prison construction and operations fund and the public safety equipment fund. Lastly, there is an additional assessment of $250. These fines amount to more than $3,700 and do not include additional costs associated with the installation of an Ignition Interlock Device, probation, counseling, and license suspension.
First Super Extreme DUI with BAC 0.20% or more
A first time Super Extreme DUI in Arizona with BAC 0.20% or more, carries a sentence of 45 consecutive days in jail along with fines and fees amounting to a total of $3,200. Then there are additional penalties associated such as license suspension, counseling, probation and Installation of an Ignition Interlock Device.
Second Super Extreme DUI with BAC 0.20% or more
A second time Super Extreme DUI in Arizona with BAC level 0.20% or more, carries a sentence of 180 consecutive days in jail along with fines and fees amounting to a total of $3,200 and jail costs upwards of $13,000.
No matter the type of charge you are facing, it is important to get in touch with a DUI defense attorney in Arizona. Contact the Law Offices of Brian D. Sloan at 480-900-0384 for a Free Initial Consultation and discuss your case.