DUI Frequently Asked Questions
Why am I charged with two (or more) D.U.I.s?
The State of Arizona loves to get convictions however they can. What this means when it comes to D.U.I. 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 D.U.I.
Why am I charged with a felony D.U.I.?
A felony D.U.I. can be charged one of two ways: First, if you have two or more misdemeanor D.U.I. convictions within the past five years, or second, if you are charged with a D.U.I. while your license is suspended, canceled, or revoked.
What are the penalties for D.U.I.?
The penalties for a D.U.I. vary depending upon your prior history, and the circumstances surrounding your particular case. Arizona law requires a minimum sentence in all D.U.I. cases.
*First D.U.I. 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 80% surcharge. Additional fees of $1,000.00 will also be assessed. After September 19, 2007, Arizona law will also require an ignition interlock device be installed in your vehicle for a period of one year. Additionally, your driver's license will be suspended for 90 days.
*Second D.U.I. 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, and a $500.00 fine plus a 80% surcharge. Additional fees of $2,750.00 will also be assessed. Additionally, Motor Vehicle will revoke your license for 1 year. Subsequent to the revocation, an ignition interlock device must be installed on your vehicle for a period of one year.
*Extreme D.U.I. The minimum penalty is 30 days in jail, 20 days can be suspended upon successful completion of alcohol screening and treatment, a $500.00 fine plus a 80% surcharge. 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, 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. Subsequent to the revocation, an ignition interlock device must be installed on your vehicle for a period of one year.
*Super Extreme D.U.I.- The minimum penalty is 90 days in jail, 45 days suspended upon successful completion of alcohol screening and treatment, a $250.00 fine plus 80% surcharge. 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 D.U.I. - The minimum penalty is 180 days in jail, 60 days suspended upon successful completion of alcohol screening and treatment, a $500.00 fine plus 80% 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.
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 D.U.I.
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 D.U.I.
If a hearing is requested with the Motor Vehicle within 15 days after receiving a D.U.I. citation, the suspension will be stayed, or stopped, until the hearing takes place.
What do I do if I am pulled over for a D.U.I.?
- 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.
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