Arizona DUI Penalties & Arizona DUI Sentencing Laws


Arizona DUI Penalties & Arizona DUI Sentencing Laws for Misdemeanor DUIs may be the harshest in the country.

Arizona DUI Penalties & Arizona DUI Sentencing Laws

Arizona DUI Sentencing Law – Maximums For All Misdemeanor DUIs

For all Arizona Misdemeanor DUI offenses the maximum possible sentence is:

  • a.) Alcohol Abuse Screening and any treatment/counseling ordered therefrom;
  • b.) 180 consecutive days in jail (none suspended);
  • c.)  up to $1,250 fine plus surcharges;
  • d.) Pay jail costs;
  • e.) For Extreme DUIs, Pay a Driving Under the Influence assessment of $250;
  • f.) Pay a State Prison Construction assessment of up $1850;
  • g.) Pay a State General Fund assessment of $1250;
  • 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;
  • k.) Attend a Traffic Survival School (TSS);
  • Up to 5 years of probation.

Additionally, driver’s licenses can be suspension for up to 2 years and revoked for 1 year. Vehicle Ignition Interlock Devices can be ordered for up to 2 years.

Arizona DUI Penalties – 28 A.R.S. § 1381.A.1, Driving Under the Influence, 1st Offense:

The minimum penalties are:

  • a.) Alcohol Abuse Screening and any treatment/counseling;
  • 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;
  • e.) Pay a State Prison Construction assessment of $500;
  • f.) Pay a State General Fund assessment of $500;
  • g.) Attend a Traffic Survival School (TSS).
  • 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.

Additionally the Arizona driver’s license or privilege to drive may be suspended and/or revoked for up to 2 years, and a certified ignition interlock may be required for up to 12 months.

Arizona DUI Sentencing- 28 A.R.S. § 1381.A, Driving Under the Influence, 2nd Offense Within 84 months:

The minimum penalties are:

  • a.) Alcohol Abuse Screening and any treatment/counseling ordered;
  • 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.) Pay Jail costs;
  • 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;
  • 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;
  • h.) Attend a Traffic Survival School (TSS).

Additionally the Arizona driver’s license or privilege to drive may be suspended and/or revoked for up to 1 year, and a certified ignition interlock may be required for up to 12 months.

Arizona DUI Penalties – 28 A.R.S. § 1382.A.1, Extreme Driving Under the Influence With an Alcohol Level Above .15%, 1st Offense:

The minimum penalties are:

  • a.) Alcohol Abuse Screening and any treatment/counseling;
  • 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;
  • 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;
  • i.) Attend a Traffic Survival School (TSS).

Additionally the Arizona driver’s license or privilege to drive may be suspended and/or revoked for up to 2 years, and a certified ignition interlock may be required for up to 12 months.

 Arizona DUI Sentencing- 28 A.R.S. § 1382.A.1, Extreme Driving Under the Influence With an Alcohol Level of.15% or More, 2nd Offense Within 84 months:

. The minimum penalties are:

  • a.) Alcohol Abuse Screening and any treatment/counseling;
  • b.) 120 consecutive days in jail (none suspended);
  • c.) $500 fine plus surcharges;
  • d.) Pay jail costs;
  • 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.
  • k.) Attend a Traffic Survival School (TSS).

Additionally the Arizona driver’s license or privilege to drive may be suspended and/or revoked for up to 2 years, and a certified ignition interlock may be required for up to 21 months.

 Arizona DUI Penalties – 28 A.R.S. § 1382.A.2, Extreme Driving Under the Influence With an Alcohol Level of .20% or More, 1st Offense:

The minimum penalties are:

  • a.) Alcohol Abuse Screening and any treatment/counseling;
  • 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;
  • 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.
  • i.) Attend a Traffic Survival School (TSS).

Additionally the Arizona driver’s license or privilege to drive may be suspended and/or revoked for up to 2 years, and a certified ignition interlock may be required for up to 27 months.

Arizona DUI Sentencing – 28 A.R.S. § 1382.A.2, Extreme Driving Under the Influence with an Alcohol Level of .20% or More, 2nd Offense Within 84 months:

The minimum penalties are:

  • a.) Alcohol Abuse Screening and any treatment/counseling;
  • b.) 180 consecutive days in jail (none suspended);
  • c.) $1,250 fine plus surcharges;
  • d.) Pay jail costs;
  • 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.
  • k.) Attend a Traffic Survival School (TSS).

Additionally the Arizona driver’s license or privilege to drive may be suspended and/or revoked for up to 2 years, and a certified ignition interlock may be required for up to 33 months.

Should I hire a Private Attorney for my DUI?

Can I represent myself?

Anyone can represent themselves on any misdemeanor crime charge.  When arrested for DUI the most important goal is to minimize the the effects on you and your family. If you can do that yourself then you do not need a lawyer. To best represent yourself you will have to be able to negotiate with the prosecutor to get best the plea offer. If that does not work then you must be ready to represent yourself in a jury trial. You will have to deal with the MVD, which often makes mistakes. You will have to anticipate and minimize, all of the possible effects of the DUI on you and your family. Keep in mind the judge, prosecutor and MVD staff may be very polite and cordial, but their job is not to help you. They do not represent you and cannot give you legal and or advice on other problems you may encounter.

 Should I get a Public Defender?

Arizona’s public defenders are better than those in most other states. Arizona public defenders are well trained and know their way around in a courtroom. A public defender’s job is to represent you in court.  Their job does not include do not helping with other problems such as MVD licensing issues. Their job does not include help other collateral  consequences, like employment problems. If you are only concerned about what happens in court then a public defender can best help you. If you want to lessen all the effects of a DUI charge on you and your family then you should get a private attorney.

What Should I Consider When Hiring a Private Attorney?

If you hire a private attorney make sure the attorney will do more for you than a public defender, as many private attorneys do not.   Many private attorneys are only concerned about court proceedings just  like public defenders. Some do not represent their clients in MVD licensing hearings. Many times a DUI case has to be set to trial to get a better result.  Many private attorneys charge their clients extra trial fees to discourage setting cases to trial as it means more work for them. In those cases clients may not be getting the best outcome. Many times you can only get a better results by setting cases to trial. Make sure the attorney does not charge extra for a jury trial. Many private lawyers stop representing defendants at the last court date. They refuse to help their clients with what happens after court, such as with the MVD. A private lawyer who will not help you after court is doing nothing more than a public defender would.

Questions to Ask Private DUI Attorneys

Looking for a DUI Lawyer? Here are questions you should ask about their fee agreements?
  •  Is it an hourly or flat fee agreement?
  • If an hourly agreement, how much per hour?
  • If a flat fee does the agreement say you can discharge the lawyer and request a full or partial refund?
  • If a flat fee is it a full flat fee or a partial fee agreement?
  • If a full flat fee agreement does it include a jury trial? if not, why not?
  • If a full flat fee agreement, does it include all MVD hearings?
  • If a partial flat fee agreement, how much is the trial fee and is it a trial fee for each trial?
  • If a partial flat fee agreement, does it include all MVD hearings and if not what is the those fees
  • Does the agreement call for paying interest on the balance due?
  • Are there late fees?
  • Does the agreement have a cost to change the monthly payment amounts or method of payment?

My DUI Flat Fee Agreement- Affordable Payment Plans

I offer one all inclusive DUI flat fee agreement with

  • All MVD licensing hearings and problems
  • All court proceedings including jury trials
  • Help with court ordered and MVD sentencing requirements
  • Help with other collateral consequences.

Infographic showing the steps of an Arizona DUI Penalties & Sentencing case, starting with the stop of the vehicle, then through the court proceedings, with possible sentencing consequences if guilty. It is an easy-to-follow visual guide designed to help people understand the Phoenix DUI process.

As a DUI Lawyer I know an arrest for a DUI or other criminal charge means you are no longer in control of your life

You may have to:

  • Stop driving
  • Attend many court and counseling sessions, thus jeopardizing your job
  • Serve jail time
  • Drive only a vehicle equipped with an ignition interlock device for years.

Since 1979 as a DUI Lawyer I have helped over 5000 DUI & Criminal law clients take back control of their lives

  • I prevent the immediate suspension of my client’s driver’s license
  • I limit their appearances for court and counseling
  • I use my 42 years of experience to try to get the Best Result possible: for my clients. The best result could be a dismissal, a reduced charge or trial verdict of not guilty  
  • If there is a conviction, I help my client avoid or lessen the many adverse consequences of a conviction.

My job as a DUI Lawyer is to see the DUI each case through my client’s eyes 

All of my clients are unique individuals.  An arrest my trigger actions which are different for them than my other clients.  My job is to anticipate and minimize the consequences for each client and their family.

I have designed my DUI Attorney practice as if I were the client

If I were the client, I would expect my lawyer to do? I would expect my attorney to keep me fully informed as the case progresses. I would want my lawyer to  anticipate problems I was not be aware of. I would want my attorney to help me do whatever the courts and MVD said I had to do.  Because that is what I expect, this is what I provide to my clients.  Personalized Service is my responsibility alone.

DUI Lawyer E-Service

  • I use Encrypted email with HIPPA level security used to send information to my clients
  • Text messaging for notices & reminders
  • Secure online client access to dash or body camera videos
  • One-click secure & convenient video conferencing available.

My fee agreement contains no hidden fees or costs or trial fees.  All-Inclusive Reasonable Flat Fee with affordable payment plans.

A better outcome for your DUI or other Criminal Charge than you think may be possible.

Call Now For Your Free Consultation!

 

Headshot of Gordon Thompson, Phoenix DUI Attorney who knows DUI Penalties & Sentencing

 

Serving All of Arizona including Gila• Maricopa• Mohave •Navajo •Pinal • Yavapai Counties and the cities of Apache Junction • Avondale • Buckeye • Bullhead City • Camp Verde • Casa Grande • Chandler • Chino Valley • Cottonwood • El Mirage • Florence • Fountain Hills • Gilbert • Glendale • Globe • Goodyear • Holbrook • Kingman • Lake Havasu • Maricopa • Mayer • Mesa • Payson • Paradise Valley • Peoria • Phoenix • Pinetop • Prescott • Scottsdale • Sedona • Show Low • Tempe • Tolleson • Wickenburg