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.

Get in contact with us today and we'll provide a FREE EVALUATION of your case.