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Arizona DUI Penalties

FIRST OFFENSE DUI PENALTIES

People cited with a DUI offense, or who have loved ones cited for a DUI, often want to know what penalties they are facing. The following generally explains the penalties people are looking at for first offense DUI’s.

Understand, there are five kinds of first offense misdemeanor DUI’s, so the penalties vary, depending upon which of the five, or combination of the five DUI’s are being charged.

The five are:

1. Basic DUI – Impaired due to alcohol or drugs
2. DUI – BAC of .08% to .15%
3. Extreme DUI – BAC of .15% to .20%
4. Super Extreme – BAC of .20% or more
5. DUI Illicit Drug Metabolite in your body

ARIZONA DUI PENALTIES

There are both direct and indirect DUI consequences. Direct consequences are things such as jail sentences and license suspensions. Indirect consequences are things such as increased insurance rates and not being able to travel to Canada. This chapter deals with direct consequences.

First Offense DUI Penalties
28-1381(A)(1) – Impaired to the Slightest Degree by Alcohol, Drugs or a Combination of Both

A conviction of this statute results in a class 1 misdemeanor, 1 day to 6 months in jail; a 90-day license suspension; 8 points on your motor vehicle record; alcohol screening and treatment; fines from $250 to $2,500 plus 83% surcharges; and assessments of $1000. Additionally, community service and jail costs may be imposed. Further, the Motor Vehicle Department will require you to equip any motor vehicle you operate with a certified ignition interlock device for 12 months. These penalties can run concurrent with other DUI penalties arising from the same incident.

28-1381(A)(2) – BAC of .08 to .149 Within 2 Hours of Driving
A conviction of this statute results in a class 1 misdemeanor, 1 day to 6 months in jail; a 90-day license suspension; 8 points on your motor vehicle record; alcohol screening and treatment; fines from $250 to $2,500 plus 83% surcharges; and assessments of $1000. Additionally, community service and jail costs may be imposed. Further, the Motor Vehicle Department will require you to equip any motor vehicle you operate with a certified ignition interlock device for 12 months.

28-1381(A)(3) -Driving With the Metabolite of an Illicit Drug in your System
A conviction of this statute results in a class 1 misdemeanor, 1 day to 6 months in jail; a 1-year revocation of your driver’s license; 8 points on your motor vehicle record; alcohol screening and treatment; fines from $250 to $2,500 plus 83% surcharges; and assessments of $1000. Additionally, community service and jail costs may be imposed. Further, the Motor Vehicle Department will require you to equip any motor vehicle you operate with a certified ignition interlock device for 12 months at the conclusion of the 12 month period of revocation.

28-1381(A)(1) -BAC of .15 to .199 Within 2 Hours of Driving

A conviction of this statute results in a class 1 misdemeanor, 30 days to 6 months in jail; a 90-day license suspension; 8 points on your motor vehicle record; alcohol screening and treatment; fines from $250 to $2,500 plus 83% surcharges; and assessments of $2,250. Additionally, community service and jail costs may be imposed. Further, the Motor Vehicle Department will require you to equip any motor vehicle you operate with a certified ignition interlock device for 12 months.

28-1382(A)(2) – BAC of .20 or more within 2 hours of driving.
A conviction results in a class 1 misdemeanor, 45 days to 6 months in jail; a 90-day license suspension; 8 points on your motor vehicle record; alcohol screening and treatment; fines from $450 to $2,500 plus 83% surcharges; and assessment of $2,250. Additionally, community service and jail costs may be imposed. Further, the Motor Vehicle Department will require you to equip any motor vehicle you operate with a certified ignition interlock device for 18 months.

SECOND OFFENSE DUI PENALTIES

This article deals with penalties people are facing for a “second offense” DUI. In Arizona, second offense DUI penalties arise if the person charged has a prior DUI conviction within seven (7) years.

So, these penalties will only apply to people who have a prior DUI conviction within seven (7) years. The prior DUI conviction can be from Arizona or any other state with similar DUI laws. The non-Arizona DUI conviction can only be used if the law violated in that state would have resulted in a DUI conviction in Arizona. As with first offense DUI’s, there are five (5) types of second offense DUI’s. the penalties vary, depending upon which of the five DUI’s or combination of the five, are charged.

The basic five DUI’s are:

1. Basic DUI – Impaired due to alcohol or drugs
2. DUI – BAC of .08% to .15%
3. Extreme DUI – BAC of .15% to .20%
4. Super Extreme – BAC of .20% or more
5. DUI Illicit Drug Metabolite in your body

SECOND OFFENSE (WITHIN 7 YEARS) DUI PENALITES
28-1381(A)(1) – Impaired to the Slightest Degree by alcohol, Drugs or a Combination of Both
A conviction of this statute results in a class 1 misdemeanor, 30 days to 6 months in jail; 1 year revocation of license; 8 points on your motor vehicle record; alcohol screening and treatment; fines from $500 to $2,500 plus 83% surcharges; and assessments of $2,500. Additionally, jail costs may be imposed and you must perform at least 30 hours community restitution. Additionally, the Motor Vehicle Department will require you to equip any motor vehicle you operate with a certified ignition interlock device for 12 months at the conclusion of the 12 month period of revocation.

28-1381(A)(2) – BAC of .08 to .149 Within 2 Hours of Driving
A conviction of this statute results in a class 1 misdemeanor, 30 days to 6 months in jail; a 1-year revocation of your driver’s license; 8 points on your motor vehicle record; alcohol screening and treatment; fines from $500 to $2,500 plus 83% surcharges; and assessments of $2,500. Additionally, jail costs may be imposed and you must perform at least 30 hours community restitution. Further, the Motor Vehicle Department will require you to equip any motor vehicle you operate with a certified ignition interlock device for 12 months at the conclusion of the 12 month period of revocation.

28-1382(A)(1) – BAC of .15 to .199 Within 2 Hours of Driving
A conviction of this statute results in a class 1 misdemeanor, 120 days to 6 months in jail; a 1-year revocation of your driver’s license; 8 points on your motor vehicle record; alcohol screening and treatment; fines from $500 to $2,500 plus 83% surcharges; and assessments of $2,750. Additionally, jail costs may be imposed and you must perform at least 30 hours community restitution. Further, the Motor Vehicle Department will require you to equip any motor vehicle you operate with a certified ignition interlock device for 12 months at the conclusion of the 12 month period of revocation.

28-1382(A)(2) – BAC of .20 or More Within 2 Hours of Driving
A conviction of this statute results in a class 1 misdemeanor, 180 days in jail; a 1-year revocation of your driver’s license; 8 points on your motor vehicle record; alcohol screening and treatment; fines from $1,000 to $2,500 plus 83% surcharges; and assessments of $2,750. Additionally, jail costs may be imposed and you must perform at least 30 hours community restitution. Further, the Motor Vehicle Department will require you to equip any motor vehicle you operate with a certified ignition interlock device for 18 months at the conclusion of the 12 month period of revocation.

28-1382(A)(3) – Driving With the Metabolite of an Illicit Drug in Your System
A conviction of this statute results in a class 1 misdemeanor, 30 days to 6 months in jail; a 1-year revocation of your driver’s license; 8 points on your motor vehicle record; alcohol screening and treatment; fines from $500 to $2,500 plus 83% surcharges; and assessments of $2,500. Additionally, jail costs may be imposed and you must perform at least 30 hours community restitution. Further, the Motor Vehicle Department will require you to equip any motor vehicle you operate with a certified ignition interlock device for 12 months at the conclusion of the 12 month period of revocation.

MVD ADMINISTRATIVE DRIVER’S LICENSE SUSPENSIONS

There are many ways a DUI incident can cause your driver’s license to be suspended. This article only deals with “Admin Per Se” or Implied Consent” suspensions. This is because in most cases, this is the first way a DUI incident starts resulting in suspended driving privileges. It often occurs even before your first court date. So these suspensions can arise without a DUI conviction. This means you do not have to be found guilty of DUI for these suspensions to go into effect.

Most people cited for a DUI will also have their license suspended within 15 days of their DUI arrest if they blew into an official breath testing device or refused to submit to breath, blood or urine testing. If blood was taken, then the suspension is put off until the official blood test is completed. Once the results of the blood test are known, then MVD will notify you of your suspension if the results are .08% or more.

MVD LICENSE SUSPENSION
Administrative License Suspensions
The Arizona Department of Motor Vehicles (“MVD”) will suspend your license if you
refuse to submit to a breath, blood or urine test after you have been arrested for DUI. This is an Implied Consent Suspension, also known as a Refusal Suspension. MVD will also suspend your license for a minimum of 90 days if your breath or blood results show a Blood Alcohol Concentration of .08% or more. These are known as Admin Per Se Suspensions.

Refusal/Implied Consent Suspensions
First time Implied Consent Refusal Suspensions will result in a 1-year suspension of your
driver’s license. However, a Special Ignition Interlock Restricted Driver’s License (“SIIRDL”) may be obtained after the first 90 days of the suspension. The SIIRDL requires you to install an Ignition Interlock Device in your vehicle after the first 90 days and restricts your driving to and from work, school or treatment and for the remaining portion of the suspension.

A second Implied Consent /Refusal Suspension within 7 years of a previous refusal will
result in a 2-year suspension of your driver’s license. There is no SIIRDL available under these circumstances. A third Implied Consent/Refusal Suspension within 7 years of 2 prior refusals will result in a 2-year suspension. There is no SIIRDL available under these circumstances.

.08% or More/Admin Per Se Suspensions
First time Implied Consent .08% or more suspensions will result in a 90-day suspension
of your driver’s license. However you can obtain a restricted license allowing you to drive to and from work, school or treatment after the first 30 days of the suspension if you have an Arizona Driver’s License. If you do not have an Arizona Driver’s License, then you are not eligible for a restricted driver’s license or your nonresident driving privileges will be suspended for 90 days flat.

A second Admin Per Se .08% or more suspension within 7 years will result in a flat 90-
day suspension. Restricted driving privileges are not allowed during any portion of the suspension.
A third Admin Per Se .08% or More Suspension within 7 years will result in a 90-day
suspension. Restricted driving privileges are not during any portion of the suspension.