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What is an Aggrevated DUI? |
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Aggravated D.U.I. is a class four felony that carries a range of sentence from a mandatory minimum of four months to a maximum of 3.75 years in the Arizona Department of Corrections. It also carries a three-year license revocation and supervised probation after you have been sentenced to prison and your prison term is less than one year. This is essentially a simple D.U.I. committed by a person who either has a suspended, cancelled, revoked or restricted driver’s license or has two prior D.U.I. convictions within the previous seven (7) years. One can also be charged with an aggravated D.U.I. if there is a passenger in the vehicle under the age of 15. This is a class six felony with a range of sentence from one day to 2 years in prison. It also carries a three-year license revocation. |
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What is "Super" Extreme DUI? |
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“Super” extreme DUI, which was enacted by the Arizona Legislature, took effect on September 19, 2007. This is a more serious version of extreme D.U.I. and occurs when a person’s alcohol concentration exceeds .20. For a first offense, the person faces 45 consecutive days in jail, none of which may be suspended. Additionally, there are fines and assessments of approximately $4,150, followed by 18 months with a certified ignition interlock device. Including costs of incarceration, the total monetary assessments could exceed $7,000. If you are charged with a “super” extreme D.U.I. and you have a prior D.U.I. conviction within 7 years, it carries a mandatory minimum jail sentence of 180 days, fines and assessments of $5,050, 30 hours of court-ordered community service and a one year revocation of driving privileges, followed by 24 months with a certified ignition interlock device. Including fines and assessments, costs of incarceration, and other fees, the minimum monetary assessments could easily exceed $17,000. |
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Extreme D.U.I., which was enacted by the Arizona Legislature, took effect on December 1, 1998. Extreme D.U.I., a class one misdemeanor, is when your alcohol concentration exceeds .15. The mandatory minimum sentence for a first offense extreme D.U.I. is 30 consecutive days in jail and fines and assessments of approximately $3,500, as well as mandatory substance abuse screening and counseling, followed by 12 months with an ignition interlock device. A second offense extreme D.U.I. (when a person has been previously convicted of a D.U.I. within seven years) carries a mandatory jail term of 120 days in jail, minimum fines and assessments of $4,150, plus costs of incarceration, 30 hours of court-ordered community service, as well as a minimum one-year revocation of driving privileges with no hardship permits available. All told, the monetary assessments could exceed $8,000. |
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In the state of Arizona, a "D.U.I.”, “D.W.I.” or “drunk driving charge” is the common name for violations of A.R.S. § 28-1381, driving while under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree. It is a criminal offense and a Class 1 misdemeanor if a person operates a motor vehicle while under the influence of alcohol or with an alcohol concentration of .08 or higher. A person can also receive a D.U.I. if they are operating a motor vehicle while under the influence of any drug or with a metabolite of any illegal drug or drugs in their blood for which they do not have a prescription. The D.U.I. laws have required minimum sentences unlike other criminal offenses which allow the court the freedom to determine the appropriate penalties.
On your first offense involving drving under the influence of alcohol, the minimum sentence is 1-10 days in jail, a fine and assessments of approximately $1,700, as well as mandatory substance abuse screening and counseling, if recommended, and a 90-day license suspension, followed by 12 months with an ignition interlock device. If the offense is one involving drugs, the penalties are the same except for license suspension. For a D.U.I. drug offense, it is one year in which the person is not entitled to drive at all and there are no hardship permits available.
A second offense within seven years carries a 30-90 day jail sentence, fines and assessments of $3,400, costs of incarceration and mandatory substance abuse screening and counseling and 30 hours of court-ordered community service. Additionally, a second offense requires a mandatory revocation of your driver’s license for at least one year followed by the installation of an ignition interlock device in any vehicle you drive for an additional year and the requirement that you carry SR-22 (high risk) insurance for a period of three years after reinstatement. All told, the monetary assessments on a second offense D.U.I. could easily exceed $5,000.
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