Wednesday, March 17, 2010

Phoenix Arizona DUI Penalties


A List of the DUI punishments that apply to Phoenix area drunk driving cases.



UPDATE: New Arizon DUI Penatlies Effective 9.26.08

In Phoenix, DUI penalties depend on the level of the charge, and on your criminal record. A previous DUI conviction counts as a prior if the arrest date is within 7 years (84 months) of the current arrest date.

NOTE: The guidelines below assume a completely clean felony record. A felony record may significantly enhance a felony DUI sentence.

First Offense Impaired to the Slightest Degree or BAC above .080


Jail: 10 to 180 days in jail. Minimum of 10 consecutive days in jail. The court maysuspend 9 of the 10 days if you agree to get an alcohol and/or drug evaluation, and submit to treatment.
Fines & Costs:  Aproximatey $1,800.00, plus jail costs. The more jail time that is imposed, the greater the cost.
License: The MVD will suspend your drivers' license for 90 days. You may be elibible for a work/school permit after the first 30 days of the suspension.
Counseling: If convicted you must get a substance abuse evaluation and comply with any recommendation or be subject to additional jail time.
Probation: You may be placed on probation for up to five years.
Community Service: The court may order you to perform community service in addition to any other penalty imposed.
MADD Victims' Impact Panel: The court may order you to attend one or more sessions of the Mothers Against Drunk Driving Victims Impact Panel. 
Ignition Interlock Device: Required for 12 months.

Second Offense Impaired to the Slightest Degree or BAC above .080


Jail: 90 to 180 days in jail. Minimum of 90 consecutive days in jail. The court maysuspend 60 of the 90 days in jail if you successfully complete all recommended treatment and counseling.
Fines & Costs: Aproximately $3,500.00 in fines and costs, plus jail costs. The more jail time imposed the greater the additional costs. NOTE: Jail costs can amount to thousands of dollars in addition to the fines and costs.
License: Your drivers' license will be revoked for one year. Reinstatement of license is not automatic. You are not eligible for a work permit during the period of revocation.
Counseling: If convicted you must get a substance abuse evaluation and comply with any recommendation or be subject to additional jail time.
Probation: You may be placed on probation for up to five years.
Community Service: The court must impose a minimum of 30 hours of community service in addition to any other fine imposed.
MADD Victims' Impact Panel: The court may order you to attend one or more sessions of the Mothers Against Drunk Driving Victims Impact Panel. 
Ignition Interlock Device: Required for 12 months after license reinstatement.

First Offense Extreme DUI (BAC .150 - .199)


Jail: 30 to 180 days in jail. A judge may not suspend any portion of the minimum 30 day sentence.
Fines & Costs: Aproximately $3,000.00 in fines and costs, plus jail costs. The more jail time imposed the greater the additional costs. NOTE: Jail costs can amount to thousands of dollars in addition to the fines and costs.
License: The MVD will suspend your drivers' license for 90 days. You may be elibible for a work/school permit after the first 30 days of the suspension.
Counseling: If convicted you must get a substance abuse evaluation and comply with any recommendation or be subject to additional jail time.
Probation: You may be placed on probation for up to five years.
Community Service: The court may impose community service.
MADD Victims' Impact Panel: The court may order you to attend one or more sessions of the Mothers Against Drunk Driving Victims Impact Panel. 
Ignition Interlock Device: Required for 12 months after license reinstatement.

Second Offense Extreme DUI (BAC .150 - .199)


Jail: 120 to 180 days in jail. Minimum of 120 consecutive days in jail. The Court may not suspend any of the 120 days, making the term mandatory.
Fines & Costs: Minimum of aproximately $3.750.00 in fines and costs, plus jail costs. The more jail time imposed the greater the additional costs. NOTE: Jail costs can amount to thousands of dollars in addition to the fines and costs.
License: Your drivers' license will be revoked for one year. Reinstatement of license is not automatic. You are not eligible for a work permit during the period of revocation.
Counseling: If convicted you must get a substance abuse evaluation and comply with any recommendation or be subject to additional jail time.
Probation: You may be placed on probation for up to five years.
Community Service: The court must impose a minimum of 30 hours of community service in addition to all other penalties imposed.
MADD Victims' Impact Panel: The court may order you to attend one or more sessions of the Mothers Against Drunk Driving Victims Impact Panel. 
Ignition Interlock Device: Required for 12 months after license reinstatement.

First Offense "Super Extreme" DUI (BAC .200 or higher)


Jail: 45 to 180 days in jail. The court is not allowed to suspend ANY of the minimum 45 consecutive days in jail.
Fines & Costs: Aproximately $3,250.00 in fines and costs, plus jail costs. The more jail time imposed the greater the additional costs. NOTE: Jail costs can amount to thousands of dollars in addition to the fines and costs.
License: The MVD will suspend your drivers' license for 90 days. You may be elibible for a work/school permit after the first 30 days of the suspension.
Counseling: If convicted you must get a substance abuse evaluation and comply with any recommendation.
Probation: You may be placed on probation for up to five years.
Community Service: The court may impose community service.
MADD Victims' Impact Panel: The court may order you to attend one or more sessions of the Mothers Against Drunk Driving Victims Impact Panel. 
Ignition Interlock Device: Required for 18 months after license reinstatement.

Second Offense "Super Extreme "Extreme DUI (BAC .200 or higher)


Jail: 180 days is jail (no sentence range). That means that if convicted of this offense, the Judge has no choice but to sentence you to 180 days in jail. Of the 180 day sentence, 90 days must be served consecutively, leaving another 90 days to be served after that.
Fines & Costs: Minimum of aproximately $4,500.00 in fines and costs, plus jail costs (which could be more than $12,000.00).
License: Your drivers' license will be revoked for one year. Reinstatement of license is not automatic. You are not eligible for a work permit during the period of revocation.
Counseling: If convicted you must get a substance abuse evaluation and comply with any recommendation or be subject to additional jail time.
Probation: You may be placed on probation for up to five years.
Community Service: The court must impose a minimum of 30 hours of community service in addition to all other penalties imposed.
MADD Victims' Impact Panel: The court may order you to attend one or more sessions of the Mothers Against Drunk Driving Victims Impact Panel. 
Ignition Interlock Device: Required for 24 months after license reinstatement.

Class 4 Felony Aggravated DUI (3rd DUI w/i 7 Years or DUI w/ License Suspended or Restricted)


Jail4 months in prison at a minimum before you are eligible for probation, pardon, commutation or suspension of the sentence, or release on any other basis. If you were driving a vehicle you owned at the time of the DUI arrest that led to your conviction, the Court may take your vehicle as well.
Fines & Costs: Up to $150,000.00 in fines, plus a surcharge, plus an additional $250.00 assessment to the Arizona DUI abatement fund. (Plus an additional $1,500.00 assessment for arrests after March 13, 2004).
License: Your drivers' license will be revoked for three year
Counseling: Your drivers' license will be revoked for three year
Probation: You may be placed on probation for up to five years.
Ignition Interlock Device: Yes

Class 6 Felony Aggravated DUI (w/ a child under 15 years old in vehicle)


Jail: A person convicted under this section will have to serve at least the minimum sentences for the misdemeanor DUIs described above if the offense would have been a misdemeanor but for the presence of the minor child. If you were driving a vehicle you owned at the time of the DUI arrest that led to your conviction, the Court may take your vehicle as well.
Fines & Costs: Up to $150,000.00 in fines, plus a surcharge, plus an additional $250.00 assessment to the Arizona DUI abatement fund. (Plus an additional $1,500.00 assessment for arrests after March 13, 2004).
License: Your drivers' license will be revoked for three years
Counseling: You may be placed on probation for up to five years.
Probation: You may be placed on probation for up to five years.
Ignition Interlock Device: Yes

Read More......

Phoenix Arizona DUI Law Explained


Driving under the influence of any drug or alcohol is a very serious crime in Phoenix.

There are several categories of drunk driving charges in Arizona.

A Phoenix DUI case case may be brought as a felony or as a misdemeanor. For arrests in the city of Phoenix, misdemeanors are prosecuted by the Phoenix City Attorney and heard in Phoenix Municipal Court. For felonies in the city of Phoenix, and in all other cities in Maricopa County, you are prosecuted by the Maricopa County Attorney's Office and your case will be heard in Maricopa County Superior Court.


Misdemeanor Phoenix DUI Charges


It is illegal to drive or be in actual physical control of a motor vehicle in Phoenix (and anywhere in AZ) while:

Garden Variety DUI: You are mpaired to the slightest degree by alcohol or drugs.

Commercial DUI: Your alcohol content above 0.040 and you are driving a commercial vehicle.

Minor DUI: You are under 21 years old with any alcohol in your system.

Per Se DUI: Your alcohol content above 0.080 within 2 hours of driving.

Extreme DUI: Your body alcohol content above 0.150 (extreme DUI) within 2 hours of driving.

Super Extreme DUI: Your body alcohol content of .200 within 2 hours of driving.

Drugs DUI: You have an illegal drug OR its metabolite in your system (it is not required that the drug impair you in any way).


Felony Phoenix DUI Charges


It is a very serious felony in Phoenix to commit any of the above misdemeanors while any of the following apply:

Aggravated DUI Priors: You have two or more prior DUI convictions in within 7 years of your arrest.

Aggravated DUI Restricted License: Your privileges to drive are revoked, suspended or restricted at the time you are charged with DUI in Phoenix.

Aggravated DUI with Child in Vehicle: You have a child under 15 years old in your vehicle.

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Are You Facing a Phoenix DUI?


The legal and political climate in the greater Phoenix Metro area makes it perhaps the worst place in the country to be accused of DUI. Even a first offense can result in upwards of a month in jail. Because the potential penalties are so heavy, an experienced DUI attorney can make a huge difference in your case.

Our goal in every Phoenix DUI case is simple: do what is in your best interest. We strive to exceed your expectations.

Once you read this website and call my office to schedule a free initial consultation, I am confident that you will feel better knowing that you are doing everything you can to help yourself.

I look forward to talking with you.

Stewart Bergman, Attorney At Law

DUI Lawyers

PHOENIX DUI UPDATE: Effective 9.26.08. Convictions for alcohol levels between .150 and .199 require a consecutive 30 day jail sentence.



At the Bergman Law Office we focus our practice on DUI defense in the Phoenix Metro area. We work hard to advance our clients' interests, and want to show you how we can help.
 

Complimentary Phoenix Arizona Area DUI Case Evaluation


You owe it to yourself to experience our high levels of expertise and service. The meeting can be in person or over the phone.

At the case evaluation we will do several things:
  1. Review your history, goals, concerns;
  2. Discuss the facts of your case;
  3. Outline possible defenses and potential issues for plea bargaining;
  4. Discuss the Phoenix (or Maricopa County area) DUI process specific to the city and court where you are being charged;
  5. Make a plan of action so you will know exactly what you can do to best help your case;
  6. Discuss our fees and fee arrangements, and in most cases, quote you a defined flat fee so there are no surprises;
  7. Give you time and space to make the best decision, without pressure to sign up with us or turn over financial information;
  8. Answer all of your questions to the extent that sufficient facts are available to us to comment intelligently.

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