• Why am I charged with two (or more) DUI’s?

    The State of Arizona loves to get convictions however they can. What this means when it comes to DUI charges, is the State will charge you with Driving While Under the Influence, requiring the State to prove that your ability to drive was impaired to the slightest degree. The second charge will commonly be Driving While Intoxicated, otherwise known as being above a .08 alcohol concentration within two hours of driving. If your alcohol reading happens to be above a .15, the State can now charge you with Extreme DUI. If your alcohol reading happens to be above a .20, the State can now charge you with Super Extreme DUI.

  • Why am I charged with a felony D.U.I.?

    A Class 4 felony DUI can be charged one of two ways: First, if you have two or more misdemeanor DUI convictions within the past seven years, or second, if you are charged with a DUI while your license is suspended, canceled, or revoked.

    A Class 6 Felony will be charged if you receive a DUI violation with a minor in the vehicle.

  • What are the penalties for D.U.I.?

    The penalties for a DUI. vary depending upon your prior history, and the circumstances surrounding your particular case. Arizona law requires a minimum sentence in all DUI cases.

    • First DUI Conviction – The minimum penalty is 10 days in jail, 9 days can be suspended upon successful completion of alcohol screening and recommended treatment, and a fine of $250.00 plus a 84% surcharge. Additional fees of $1,000.00 will also be assessed. Arizona law will also require an Ignition Interlock Device (IID) be installed in your vehicle for a period of one year. MVD may defer six months of the twelve month IID period for a first time, non-extreme DUI offender if the person completes certain requirements, including alcohol education and maintaining a functioning IID. Additionally, your driver’s license will be suspended for 90 days.
    • Second DUI Conviction – (within 7 years of first conviction) the minimum penalty is 90 days in jail, 60 suspended upon successful completion of alcohol screening and treatment, at least 30 hours community restitution, and a $500.00 fine plus a 84% surcharge. Additional fees of $2,750.00 will also be assessed. Additionally, Motor Vehicle will revoke your license for 1 year. Beginning January 1, 2012, after completing a 45 day administrative driver license suspension, the person may apply to MVD for a special ignition interlock restricted driver license for the one year. Subsequent to restoring driving privileges, an ignition interlock device must be installed on your vehicle for a period of one year.
    • Extreme DUI – The minimum penalty is 30 days in jail, a $500.00 fine plus a 84% surcharge. Beginning January 1, 2012, all but 9 days of jail may be suspended if the person installs an IID for 12 months. Additional fees of $2,250.00 will also be assessed. An ignition interlock device must be installed on your vehicle for a period of one year.
    • Second Extreme D.U.I. Conviction – The minimum penalty is 120 days in jail, 60 days can be suspended upon successful completion of alcohol screening and treatment, at least 30 hours community restitution, and a $750.00 fine plus an 80% surcharge. Additional fees of $2,750.00 will also be assessed. Additionally, Motor Vehicle will revoke your license for 1 year. Beginning January 1, 2012, after completing a 45 day administrative driver license suspension, the person may apply to MVD for a special ignition interlock restricted driver license for the one year. Subsequent to restoring driving privileges, an ignition interlock device must be installed on your vehicle for a period of one year.
    • Super Extreme DUI – The minimum penalty is 45 days in jail, a $250.00 fine plus 84% surcharge. Beginning January 1, 2012, all but 14 days of jail may be suspended if the person installs an IID for 12 months. Additional fees of $2,250.00 will also be assessed. An ignition interlock device must be installed on your vehicle for a period of 18 months.
    • Second Super Extreme DUI – The minimum penalty is 180 days in jail, at least 30 hours community restitution, a $500.00 fine plus 84% surcharge. Additional fees of $2,750.00 will also be assessed. An ignition interlock device must be installed on your vehicle for a period of two years. Additionally, Motor Vehicle will revoke your license for 1 year. Beginning January 1, 2012, after completing a 45 day administrative driver license suspension, the person may apply to MVD for a special ignition interlock restricted driver license for a two year. Subsequent to restoring driving privileges, an ignition interlock device must be installed on your vehicle for a period of 2 year.
    • Aggravated DUI – The minimum penalty is 4 months in prison, alcohol counseling, $750.00 fine plus surcharges, and $3,250 fees. Beginning January 1, 2012, the license revocation for Aggravated DUI decreases from 3 years to 1 year, with a special ignition interlock restricted driver license for a 2 year period after driving privileges are restored.
    • Aggravated DUI With Minor in Vehicle – The minimum penalty is the same as a first offense DUI depending on the alcohol level for jail only, at least 30 hours community restitution, $750.00 fine plus surcharges, and $3,250 fees. Beginning January 1, 2012, the license revocation for Aggravated DUI decreases from 3 years to 1 year, with a special ignition interlock restricted driver license for a 2 year period after driving privileges are restored. After completing a 90 day administrative driver license suspension, the person may apply to MVD for a special ignition interlock restricted driver license.
  • What will happen to my driver’s license if I am charged with D.U.I.?

    If your alcohol reading is above .08, Motor Vehicle will suspend your license for 90 days. If eligible, after the first 30 days of suspension, a restricted license for work purposes may be issued. The license suspension occurs regardless of whether or not you have been convicted of a DUI.

    If you refuse to comply with a police officer’s request to take an alcohol test your driver’s license will be revoked for one year. This will also happen regardless of whether or not you have been convicted of DUI.

    If a hearing is requested with the Motor Vehicle within 15 days after receiving an Admin Per Se or Implied Consent suspension, the suspension will be stayed, or stopped, until the hearing takes place.

  • What do I do if I am pulled over for a DUI?

    • Do not answer questions. You have a constitutional right to remain silent.
    • Do not agree to take field sobriety test (including the eye test- otherwise known as the Horizontal Gaze Nustagmus). There is no consequence for refusing this test.
    • Do not agree to take a breath, blood or urine test prior to speaking with an attorney. If you cannot contact an attorney it may be wise to consent to the test, as Arizona Law requires you do so, or your driver’s license will be revoked for one year.

If you or someone you know in Phoenix or anywhere in Arizona needs the assistance of an experienced Phoenix DUI Attorney, call Sonja Duckstein today at (602) 212-0202, or complete the contact form provided on this site to schedule your initial consultation. Se Habla Español.

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