FAQs


Frequently Asked Questions (FAQs) About Arizona DUIs

 

Do I need an attorney for an Arizona DUI?

Yes. It is possible to get through the process on your own; but you need an experienced attorney to explore all of the options available for your case, to secure all of your rights, to appear on your behalf in court, to file motions and other pleadings on your behalf, and to smooth your way and make each step of the legal process easier to understand and deal with.  Especially if your case goes to trial, you must have an experienced criminal defense attorney.

If I retain an attorney for DUI will I have to appear in court?

For most courts, for most appearances prior to the trial or disposition hearing date, I can handle your court appearances and you will not have to appear. To check a specific court, please chat with me now in the box below.

I received a license suspension order for an Arizona DUI– is my license suspended?

In Arizona DUI cases, law enforcement often issues a license suspension order to the driver along with the ticket. This order is then filed with Arizona ADOT/MVD and automatically becomes effective 15 days after it is issued unless a hearing is requested.  Sometimes the suspension order is filed by law enforcement directly with Arizona ADOT/MVD, which will mail a suspension order to the last-known address.

When can I get my vehicle impounded for an Arizona DUI back?

If your vehicle was impounded on a DUI hold, unless certain circumstances permit early release, the hold is for 30 days. If there is a basis to get the vehicle released early I always help my clients to accomplish that.

What happens at Arraignment for an Arizona criminal charge?

Arraignment is set for the purpose of entering a plea of guilty or not guilty. If you enter a not guilty plea, your case will be continued to a pretrial conference, perhaps several, before being set to trial.  Generally, none of my clients have to appear for the arraignment because I can take care of it without them having to take off work to go to court.

Will I get a plea offer for my Arizona DUI?

The State is not required to extend a plea offer agreement, however, they typically do. If the State does make a plea offer, unlike most attorneys, I will put it in writing and send it to you so you can make an informed decision about whether you wish to accept it or not.  Once a case is set to trial, some prosecutors withdraw the offer so it is no longer available.

Will I have to go to jail for an Arizona DUI?

If the case is guilty of DUI then probably you will have to go to jail as the mandatory minimum sentence requires it. Depending on the court, sometimes actually serving jail can be avoided even though the law requires it.  For other misdemeanor offenses whether a person has to serve in jail if the verdict is guilty depends on a number of factors including the charge, the facts of the case and the defendant’s criminal history.

Is my mugshot going to be put online for an Arizona arrest?

If someone is booked into the Maricopa County Fourth Avenue Jail, a mugshot may appear online at the Sheriff’s Office website, and a few others. However, after the first few days, it becomes much more difficult to find a mugshot for any particular person.

Will an Arizona criminal conviction affect my employment?

That is a real possibility. No one should plead guilty to any crime thinking it will not affect them later in ways they did not anticipate.  Part of the services an experienced attorney can provide is more information on this subject, specific to your situation.

What is proper court attire?

Professional attire is best. No shorts, and no flip-flops.

What are the Maximum Penalties for Arizona Misdemeanor DUI?

  • 6 months in jail
  • A fine of up to $2,500.00 plus surcharges
  •  3 Potential State Assessments of up to $1250 each
  • 5 years of probation
  • License Suspension or Revocation
  • Ignition Interlock Device
  • Traffic Survival School

What are the Minimum Penalties for Arizona Misdemeanor DUI?

  • Minimum Penalties 1st DUI, Alcohol and/or Drugs

    • Substance Abuse screening session & counseling
    • 10 consecutive days in jail, 9 suspended upon completion of screening & counseling
    • $250 fine plus surcharges
    • State Prison Construction assessment of $500
    • State General Fund assessment of $500
    • Jail costs
    • Traffic Survival School
    • 12 months Ignition Interlock
    • 90 Day License Suspension
  • Minimum Penalties for 1st Extreme DUI, Alcohol Level of .15%

    • 30 days in jail, 21 suspended if Ignition Interlock maintained for 12 months
    • $250 fine plus surcharges
    • Driving Under the Influence assessment of $250
    • State Prison Construction assessment of $1,000
    • State General Fund assessment of $1,000
    • Jail costs
    • Traffic Survival School
    • 18 months Ignition Interlock
    • 90 Day License Suspension
  • Minimum Penalties for 1st Extreme DUI, Alcohol Level of .20%

    • 45 days in jail, 31 suspended if Ignition Interlock maintained for 12 months
    • $500 fine plus surcharges
    • Driving Under the Influence assessment of $250
    • State Prison Construction assessment of $1,000
    • State General Fund assessment of $1,000
    • Jail costs
    • Traffic Survival School
    • 18 months Ignition Interlock
    • 90 Day License Suspension
  • Minimum Penalties for 2nd DUI, Alcohol and/or Drugs

    • Substance Abuse screening session & counseling
    •  90 days in jail, 60 suspended upon completion of screening & counseling
    • $500 fine plus surcharges
    •  State Prison Construction & General Fund assessments of $1,250 each
    • Jail costs
    • 30 hours Community Restitution
    • Traffic Survival School
    • 12 months Ignition Interlock
    • 12 months License Revocation
  • Minimum Penalties for 2nd Extreme DUI, Alcohol Level of .15%

    • 120 days in jail
    • $1000 fine plus surcharges
    • Driving Under the Influence assessment of $250
    •  State Prison Construction & General Fund assessments of $1,250 each
    • Jail costs
    • 30 hours Community Restitution
    • Traffic Survival School
    • 12 months Ignition Interlock
    • 12 months License Revocation
  • Minimum Penalties for 2nd Extreme DUI, Alcohol Level of .20%

    • 180 days in jail
    • $1000 fine plus surcharges
    • Driving Under the Influence assessment of $250
    •  State Prison Construction & General Fund assessments of $1,250 each
    • Jail costs
    • 30 hours Community Restitution
    • Traffic Survival School
    • 24 months Ignition Interlock
    • 12 months License Revocation

 

For Even More Information go to My Court by Court Comprehensive Guide to Arizona DUIs.

If you have any further questions, chat with me now in the box below, or call, text or email me today.

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