28 A.R.S. § 1381.A, Driving Under the Influence
For a violation of 28 A.R.S. § 1381.A, Driving Under the Influence, the maximum penalty is up to six (6) months in jail, a fine of up to $2,500.00 plus surcharges, and up to five (5) years probation. The minimum penalties are:
a.) Alcohol Abuse Screening and any treatment/counseling ordered therefrom, which you must pay for. In addition, the screening service may order you to attend at least 1 M.A.D.D. Victim Impact Panel;
b.) 10 consecutive days in jail, 9 of which may be suspended by the court provided you complete the screening and counseling;
c.) $250 fine plus surcharges;
d.) Pay jail costs in an amount not to exceed $257 for the day;
e.) Pay a State Prison Construction assessment of $500;
f.) Pay a State General Fund assessment of $500;
g.) Pay restitution to the victim of the accident for their economic loss. Pursuant to a decision of the Arizona Court of Appeals, “economic loss” includes wages lost by victims while they come to court for the case.
For a second violation of 28 A.R.S. § 1381.A, Driving Under the Influence, the maximum penalty is up to six (6) months in jail, a fine of up to $2,500.00 plus surcharges, and up to five (5) years probation.
The minimum penalties are:
a.) Alcohol Abuse Screening and any treatment/counseling ordered therefrom, which you must pay for. In addition, the screening service may order you to attend at least 1 M.A.D.D. Victim Impact Panel;
b.) 90 consecutive days in jail, 60 of which may be suspended by the court provided you complete the screening and counseling;
c.) $500 fine plus surcharges;
d.) Jail costs in an amount not to exceed $199 for the first day and $74 per each remaining day;
e.) Pay a State Prison Construction assessment of $1,250;
f.) Pay a State General Fund assessment of $1,250;
g.) Surrender driver’s license to the court and/or receive a one year license revocation;
h.) Perform thirty (30) hours of community service;
i.) Pay restitution to the victim of the accident for their economic loss. Pursuant to a decision of the Arizona Court of Appeals, “economic loss” includes wages lost by victims while they come to court for the case.
28 A.R.S. § 1382.A.1, Extreme Driving Under the Influence With an Alcohol Level Above .15%
For a violation of 28 A.R.S. § 1382.A.1, Extreme Driving Under the Influence With an Alcohol Level Above .15%, the maximum penalty is up to six (6) months in jail, a fine of up to $2,500.00 plus surcharges, and up to five (5) years probation. The minimum penalties are:
a.) Alcohol Abuse Screening and any treatment/counseling ordered therefrom, which you must pay for. In addition, the screening service may order you to attend at least 1 M.A.D.D. Victim Impact Panel;
b.) 30 consecutive days in jail, 21 of which may be suspended by the court provided you complete the screening and counseling and install an ignition interlock device (IID) in a motor vehicle for 12 months;
c.) $250 fine plus surcharges;
d.) Pay jail costs in an amount not to exceed $257 for the first day and $74 for each additional day;
e.) Pay a Driving Under the Influence assessment of $250;
f.) Pay a State Prison Construction assessment of $1,000;
g.) Pay a State General Fund assessment of $1,000;
h.) Pay restitution to the victim of the accident for their economic loss. Pursuant to a decision of the Arizona Court of Appeals, “economic loss” includes wages lost by victims while they come to court for the case.
For a second violation of 28 A.R.S. § 1382.A.1, Extreme Driving Under the Influence with an Alcohol Level of .15% or More, the maximum penalty is up to six (6) months in jail, a fine of up to $2,500.00 plus surcharges, and up to five (5) years probation. The minimum penalties are:
a.) Alcohol Abuse Screening and any treatment/counseling ordered therefrom, which you must pay for. In addition, the screening service may order you to attend at least 1 M.A.D.D. Victim Impact Panel;
b.) 120 consecutive days in jail (none suspended);
c.) $500 fine plus surcharges;
d.) Pay jail costs in an amount not to exceed $199 for the first day and $74 for each additional day;
e.) Pay a Driving Under the Influence assessment of $250;
f.) Pay a State Prison Construction assessment of $1,250;
g.) Pay a State General Fund assessment of $1,250;
h.) Surrender driver’s license, if any, to the court;
i.) Perform thirty (30) hours of community service;
j.) Pay restitution to the victim of the accident for their economic loss. Pursuant to a decision of the Arizona Court of Appeals, “economic loss” includes wages lost by victims while they come to court for the case.
28 A.R.S. § 1382.A.2, Extreme Driving Under the Influence With an Alcohol Level Above .20%
For a violation of 28 A.R.S. § 1382.A.2, Extreme Driving Under the Influence With an Alcohol Level Above .20%, the maximum penalty is up to six (6) months in jail, a fine of up to $2,500.00 plus surcharges, and up to five (5) years probation. The minimum penalties are:
a.) Alcohol Abuse Screening and any treatment/counseling ordered therefrom, which you must pay for. In addition, the screening service may order you to attend at least 1 M.A.D.D. Victim Impact Panel;
b.) 45 consecutive days in jail, 31 of which may be suspended by the court provided you complete the screening and counseling and install an ignition interlock device (IID) in a motor vehicle for 12 months;
c.) $500 fine plus surcharges;
d.) Pay jail costs in an amount not to exceed $257 for the first day and $74 for each additional day;
e.) Pay a Driving Under the Influence assessment of $250;
f.) Pay a State Prison Construction assessment of $1,000;
g.) Pay a State General Fund assessment of $1,000;
h.) Pay restitution to the victim of the accident for their economic loss. Pursuant to a decision of the Arizona Court of Appeals, “economic loss” includes wages lost by victims while they come to court for the case.
For a second violation of 28 A.R.S. § 1382.A.2, Extreme Driving Under the Influence with an Alcohol Level of .20% or More, the maximum penalty is up to six (6) months in jail, a fine of up to $2,500.00 plus surcharges, and up to five (5) years probation. The minimum penalties are:
a.) Alcohol Abuse Screening and any treatment/counseling ordered therefrom, which you must pay for. In addition, the screening service may order you to attend at least 1 M.A.D.D. Victim Impact Panel;
b.) 180 consecutive days in jail (none suspended);
c.) $1,250 fine plus surcharges;
d.) Pay jail costs in an amount not to exceed $199 for the first day and $74 for each additional day;
e.) Pay a Driving Under the Influence assessment of $250;
f.) Pay a State Prison Construction assessment of $1,250;
g.) Pay a State General Fund assessment of $1,250;
h.) Surrender driver’s license, if any, to the court;
i.) Perform thirty (30) hours of community service;
j.) Pay restitution to the victim of the accident for their economic loss. Pursuant to a decision of the Arizona Court of Appeals, “economic loss” includes wages lost by victims while they come to court for the case.
4 A.R.S. § 244.33, Underage Drinking and Driving
For a violation of 4 A.R.S. § 244.33, Underage Drinking and Driving, in addition to the penalties for the DUI charge, the minimum penalties also include:
a.) A two (2) year suspension of your driver’s license or privilege to drive. The court may allow you to have a restricted license to and from work and school during specified hours.
In addition to the above, a conviction for DUI in Arizona can carry additional consequences outside of the courtroom. Please see our Collateral Consequences page for a listing of some of the potential consequences of a DUI conviction in Arizona.
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