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About DUI Penalties in the State of Arizona

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3 Classifications of Offenses
There are three different classifications of drinking and driving offenses. These are all separate charges. A driver can be charged with one, two or all three.  A person charged and convicted of any one of the offenses below is guilty of a Class I misdemeanor.

  1. First, it is unlawful to drive or be in control of a motor vehicle, while under the influence of intoxicating liquor, drug, vapor, or any combination thereof, and impaired to the slightest degree.
  2. Second, it is unlawful to drive or be in control of a motor vehicle with a BAC (blood alcohol concentration) of .08% or more within two hours of driving.
  3. Third, it is unlawful to drive or be in control of a motor vehicle with a BAC (blood alcohol concentration) of .15 % or more within 2 hours of driving.

Usually, if a driver submits to a chemical test, which results in an alcohol concentration of .08 or more, he/she will be charged with the first two offenses, and if it is over .15%, then all three.

If a driver refuses to submit to a chemical test and none is performed non-consensually, he/she will only be charged with driving under the influence (assuming the officer has enough evidence to establish probable cause for the arrest).

STATUTORY MINIMUM DUI PENALTIES

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1st Offense Misdemeanor
(BAC under .15)

  1. 10 days jail, up to 9 days can be suspended; work release is possible
  2. $1,460.00 in fines, court assessments and surcharges
  3. Alcohol screening ($50)
  4. Alcohol education (16 hours or 36 hours)
  5. MADD Victim Impact Panel ($25)
  6. Probation, unsupervised for 12-24 months
  7. Restitution, if applicable
  8. Civil driver’s license suspension for up to 90 days; 30 days mandatory, 60 days can be restricted
  9. 8 points assessed against driver’s license
  10. Interlock device for 12 months (Cost: $800.00-$1,000.00)

2nd Offense Misdemeanor within 7 years
(BAC under .15)

  1. 90 days jail, up to 60 days can be suspended. Work release is possible.
  2. $3,420.00 in fines, court assessments and surcharges.
  3. Alcohol screening ($50)
  4. Alcohol education (36 hours)
  5. 30 hours of community service
  6. MADD Victim Impact Panel ($25)
  7. Probation, supervised for at least 24 months ($50 per month)
  8. Restitution, if applicable
  9. 8 points assessed against driver’s license
  10. 1 year revocation of driver’s license
  11. Interlock device for 12 months after revocation (Cost: $800.00 to $1,000.00)

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Extreme DUI
1st Offense
(BAC .15 -.199)

  1. 30 days jail; work release is possible
  2. $2,710.00 in fines, court assessments and surcharges
  3. Alcohol screening ($50)
  4. Alcohol education (usually 36 hours)
  5. MADD Victim Impact Panel ($25)
  6. Probation, supervised for 24 months ($50 per month)
  7. Restitution, if applicable
  8. Civil driver’s license suspension for 90 days; 30 days mandatory, 60 days can be restricted
  9. 8 points assessed against driver’s license
  10. 30 day vehicle impoundment
  11. Interlock device for 12 months  (Cost: $800.00-$1,000.00)

Extreme DUI
1st Offense 
(BAC .200 or more)

  1. 45 consecutive days of jail time
  2. $2,710.00 in fines, court assessments and surcharges
  3. Alcohol screening ($50)
  4. Alcohol education (usually 36 hours)
  5. Probation, supervised for 24 months ($50 per month)
  6. MADD Victim Impact Panel ($25)
  7. Civil driver’s license suspension 90 days; 30 days mandatory, 60 days can be restricted
  8. 8 points assessed against driver’s license
  9. 30 day vehicle impoundment
  10. Interlock device for 12 months (Cost: $800.00-$1,000.00)

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2nd Offense within 7 years
DUI or Extreme DUI
BAC .15-.199

  1. 120 days jail (60 days must be consecutive); work release is possible
  2. $5,250.00 in fines, court assessments and surcharges
  3. Alcohol screening ($50)
  4. Alcohol education (36 hours)
  5. 90 days continuous alcohol monitoring
  6. 30 hours community service
  7. MADD Victim Impact Panel ($25)
  8. Probation, supervised for at least 24 months ($50 per month)
  9. Restitution, if applicable
  10. 8 points assessed against driver’s license
  11. 1 year revocation of driver’s license
  12. 30 days vehicle impoundment
  13. Interlock device for 12 months after revocation ($800.00-$1,000.00)

2nd Offense within 7 years
DUI or Extreme DUI
BAC .200 or more

  1. 180 days jail, (the first 90 must be consecutive, no days may be suspended); work release is possible
  2. $5,250.00 in fines, court assessments and surcharges
  3. Alcohol screening ($50)
  4. Alcohol counseling (36 hours)
  5. 90 days continuous alcohol monitoring
  6. MADD Victim Impact Panel ($25)
  7. 30 hours community service
  8. 30 days vehicle impoundment
  9. 8 points assessed against driver’s license
  10. 1 year revocation of driver’s license
  11. Interlock device for 24 months after revocation (Cost: $1,600.00 to $2,000.00)

Felony with No Prior Felony

  1. 4 months to 3.75 yrs in prison
  2. Up to $265,500 fine
  3. Alcohol screening
  4. Alcohol education
  5. MADD Victim Impact Panel
  6. Up to 10 years supervised probation
  7. Comply with all directives from probation officer
  8. Community service
  9. 3 year revocation of driver’s license
  10. Forfeiture of vehicle
  11. Interlock device for 12 months
  12. Restitution, if applicable

Felony with One Prior Felony

  1. 2.25 to 7.5 years in prison
  2. Up to $265,500 fine
  3. Alcohol screening
  4. Alcohol education
  5. Community supervision- 1 day for each week in custody
  6. Up to 10 years supervised probation
  7. Comply with all directives from probation officer
  8. Community service
  9. 3 years revocation of driver’s license
  10. Forfeiture of vehicle
  11. Interlock device for 12 months
  12. Restitution if applicable

Felony with Two Prior Felonies

  1. 6 to 15 years in prison
  2. Up to $265,500 fine
  3. Alcohol screening
  4. Alcohol education
  5. Community supervision- 1 day for each week in custody
  6. Up to 10 yrs supervised probation
  7. Comply with all directives from probation officer
  8. Community service
  9. 3 years revocation of driver’s license
  10. Forfeiture of vehicle
  11. Interlock device for 12 months
  12. Restitution if applicable

Some Definitions of Common Penalties

Work Release Programs
First and second-time offenders are eligible for work release. Whether or not a person’s sentence will include work release is left to the discretion of the court. If a person is employed or is a student, the court may permit the person to be released from jail only long enough to complete the actual hours of employment or studies, up to 12 hours per day, and not more than five days per week. However, a first-time offender cannot commence a work release program until he/she has served at least 24 consecutive hours in jail. Likewise, a second-time offender must serve at lease 48 hours in jail before a work release program may begin.

Alcohol Screening
If convicted, a first-time offender must complete an alcohol screening. If the court or the screening facility determines that the offender would benefit, the court may order the offender to obtain counseling, education, or treatment.  If the offender has the financial resources to pay all or part of the screening, counseling, education, or treatment, then the court shall order him/her to do so.  All programs must be approved by the State.

Home Arrest
Second-time offenders may also be eligible for home arrest. There are several requirements that must be satisfied before a person may be accepted into this program.  Begin working on satisfying those requirements well before the time of sentencing. The probation department’s approval is necessary before the court will place someone in the home arrest program. The home arrest sentence will include 48 consecutive hours in jail, 13 days on work release, and 45 days of home detention. The person will be allowed to leave the home to work, attend school, or attend treatment.

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Interlock Devices
If any person is convicted of extreme DUI or aggravated DUI, then the court may order the installation of an interlock device on any vehicle to be operated by that person.  An interlock device connects a breathalyzer to the vehicle’s ignition system. The device will prevent the vehicle from starting unless the driver blows into the device and the person’s alcohol concentration is below a preset level. The costs for installation and maintenance shall be paid by the driver, and the court may order it to be used from 1 to 3 years. The driver will also be required to show proof of compliance and proof of inspection for accuracy at least once each calendar year.
 

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The Law Office of Thomas Wilson    •    Proudly serving southern Arizona
Phone:  (520) 624-2728    •    Click here to Email  
177 N. Church Street, Suite 1000, Transamerica Building, Tucson, AZ 85701