Categories: DUI

ARIZONA’S MISDEMEANOR DUI PENALTIES

ARIZONA’S MISDEMEANOR DUI PENALTIES AS OF 2017.

Arizona has some of the harshest misdemeanor DUI laws in the country. There are, however, defenses and arguments that Tobin Law Office can raise in work for a dismissal, reduction, or acquittal. That’s because Tobin Law Office has the training, knowledge, and experience to fight for the best possible outcome in your DUI matter.

Is my DUI a misdemeanor?

If your DUI case is in either a Justice Court, City Court, or Municipal Court, then you’re only facing misdemeanor charges. If your case in Superior Court, you’re facing at least one felony.

WHAT ARE THE MAXIMUM MISDEMEANOR DUI PENALTIES IN ARIZONA?

Although a person can be convicted of several different DUI charges in one DUI case, the Judge can only impose one punishment for the most severe DUI charge.

The Maximum sentence you face in an Arizona Misdemeanor DUI case is as follows:

One hundred-eighty (180) days in jail
Over $10,000 in fines, surcharges, assessments, fees, jail costs, alcohol class tuition, interlock fees, and more.
Five (5) Years of Probation

These are the maximum punishments allowed by Arizona law. Often times, Tobin Law Office can negotiate with the prosecutor, and make arguments to the Judge, to drastically reduce penalties. Tobin Law Office works hard to reduce and dismiss charges. And when necessary, we fight your case in front of jury.

What are Other Penalties for a Misdemeanor DUI in Arizona?

You may also face these potential penalties in your Arizona DUI:

Monthly Probation Fees
Community Service Hours
Driver’s License Suspension or Revocation
SR-22 Insurance (A certificate of insurance for three years.)
Ignition Interlock Device on Your Car
Drug and Alcohol Counseling, Classes, and Treatment
8 Points on Your MVD Record and Traffic Survival School
Points suspension if you accumulate 13 points on your driver’s license

WHAT ARE THE MANDATORY MINIMUM PENALTIES UNDER ARIZONA MISDEMEANOR DUI LAW?

Mandatory minimum penalties are those that a judge must impose if you’re found guilty in a plea bargain or trial.

Mandatory minimum penalties depend upon certain factors, including:

If you have a prior DUI that took place within seven years of the new DUI.
The type of DUI charges you’re now facing.

HERE ARE THE MINIMUM PENALTIES FOR EACH TYPE OF MISDEMEANOR DUI IN ARIZONA

Keep in mind, these are the minimums. The prosecutor can seek, and the Judge can order, harsher penalties.

A.R.S. § 28-1381(A1) and A.R.S. § 28-1381(A2): Standard Alcohol DUI

Jail: Ten (10) days, but as little as one (1) day if you complete a drug/alcohol program.
Money: Approximately $2,000 in fines, fees, and jail related costs.
Counseling: Alcohol / Drug Screening and Classes.
Driver’s License: Ninety (90) day license suspension (may be eligible for a work and school permit after thirty (30) days).
Interlock Device: Six (6) months to one (1) year ignition interlock device.
MVD License Points: Eight (8) points and Traffic Survival School.

A.R.S. § 28-1382: Extreme DUI: BAC Higher Than .15

Jail: Thirty (30) days, but as little two (2) days if you qualify for home detention and install an ignition interlock device in your car for twelve (12) months.
Money: Approximately $5,500 in fines, fees, and jail related costs.
Counselling: Must complete a DUI Screening for a restricted license and to reinstate your license. Counseling hours are not mandated by the extreme DUI statute.
Driver’s License: Ninety (90) day license suspension (may be eligible for a work and school permit after thirty (30) days).
Interlock Device: One (1) year ignition interlock device.
MVD License Points: Eight (8) points and Traffic Survival School.

A.R.S. § 28-1382: Super Extreme DUI: BAC Higher Than .20

Jail: Forty-five (45) days, but as little as three (3) days if you qualify for home detention and have an ignition interlock in your car for twelve (12) months.
Money: Approximately $7,500 in fines, fees, and jail related costs.
Counselling: Must complete a DUI Screening for a restricted license and to reinstate your license. Counseling hours are not mandated by the extreme DUI statute.
Driver’s License: Ninety (90) day license suspension (may be eligible for a work and school permit after thirty (30) days).
Interlock Device: Eighteen (18) months ignition interlock device.
MVD Points: Eight (8) points and Traffic Survival School.

A.R.S. § 28-1381 (A)(3): DUI Drugs (Marijuana, Prescription, and Illegal Drugs)

Jail: Ten (10) days, but as little as one (1) day if you complete a drug/alcohol program.
Money: Approximately $2,000 in fines, fees, and jail related costs.
Counseling: Alcohol / Drug Screening and Classes.
Driver’s License: Ninety (90) day license suspension (may be eligible for a work and school permit after thirty (30) days).
Interlock Device: As of January 1, 2017, there’s no interlock requirement, but a judge has discretion to add it on.
MVD Points: 8 points and Traffic Survival School.

MINIMUM PENALTIES WHEN YOU HAVE A PRIOR DUI CONVICTION IN THE PAST SEVEN (7) YEARS

If you have a DUI conviction for an incident that took place within seven years of the new DUI offense date, you may face the following enhanced minimum penalties under Arizona’s DUI law.

A.R.S. § 28-1381 Standard DUI with a Prior DUI Conviction in the Last 7 Years

Jail: Nine (90) days, but as little as six (6) days if you qualify for home detention and complete a drug/alcohol program. You may be eligible for work release after forty-eight (48) hours in custody.
Money: Approximately $5,000 in fines, fees, and jail related costs.
Driver’s License: One (1) year license revocation. You may be eligible for a Special Ignition Interlock Restricted License after the first forty-five (45) days of the revocation period.
Interlock Device: After revocation period, you can reinstate with an additional (1) year with an ignition interlock device.
MVD Points: 8 points to MVD Record and Traffic Survival School.
Community Service: Thirty (30) hours community service.

A.R.S. § 28-1382 Extreme DUI with a Prior DUI Conviction in the Last 7 Years

Jail: One hundred-twenty (120) days, but as little as twenty-four (24) days if you qualify for home detention. You may be eligible for work release after forty-eight (48) hours in custody.
Money: Approximately $9,000 in fines, fees, and jail related costs.
Driver’s License: One (1) year license revocation. You may be eligible for a Special Ignition Interlock Restricted License after the first forty-five (45) days of the revocation period.
Interlock Device: After revocation period, you can reinstate with an additional one (1) year with an ignition interlock device.
MVD Points: Eight (8) points to MVD Record and Traffic Survival School.
Community Service: Thirty (30) hours community service.

A.R.S. § 28-1382 Super Extreme DUI with a Prior DUI Conviction in the Last 7 Years.

Jail: One hundred-eighty (180) days jail, but as little as 36 days jail if you qualify for home detention. You may be eligible for work release after forty-eight (48) hours in custody.
Money: Approximately $12,000 in fines, fees, and jail related costs.
Driver’s License: One (1) year license revocation. You may be eligible for a Special Ignition Interlock Restricted License after the first forty-five (45) days of the revocation period.
Interlock Device: After revocation period, you can reinstate with an additional two (2) years with an ignition interlock device.
MVD Points: Eight (8) points to MVD Record and Traffic Survival School.
Community Service: Thirty (30) hours community service.

A.R.S. § 28-1381 (A)(3) DUI Drugs (Marijuana, Prescription, and Illegal Drugs) with a Prior DUI Conviction in the Last 7 Years.

Jail: Nine (90) days, but as little as six (6) days if you qualify for home detention and complete a drug/alcohol program. You may be eligible for work release after forty-eight (48) hours in custody.
Money: Approximately $5,000 in fines, fees, and jail related costs.
Counseling: Alcohol / Drug Screening and Classes.
Driver’s License: One (1) year license revocation. You may be eligible for a Special Ignition Interlock Restricted License (SIIRDL) after the first forty-five (45) days of the revocation period.
Interlock Device: As of January 1, 2017, there’s no interlock requirement, but a judge has discretion to add it on.
MVD Points: Eight (8) points and Traffic Survival School
Community Service: Thirty (30) hours community service.

What circumstances does the prosecutor and Judge consider in a DUI plea bargain or sentencing?

The Judge and Prosecutor can consider any circumstance; however, the following are more common considerations:

You driving record and criminal history.
You BAC and the signs of impairment.
Your behavior at the time of the alleged DUI.
Whether the DUI caused an accident, injury, or property damage.
If there was an accident or injury, the Court will consider any victim input.
Your personal circumstances, background, and history.
Your demeanor in Court.

Now that you know the minimum penalties for Arizona misdemeanor DUI’s, it’s important to keep in mind that you don’t receive the minimum penalties simply because you were charged with DUI. Tobin Law Office can ensure that every available defense is raised and that every legal avenue is explored to dismiss or reduce charges, limit penalties, and protect your rights.

If you’re facing an Arizona misdemeanor DUI in a justice court, city court, or municipal court, call Tobin Law Office at 480-447-4837 to learn about your rights and what can be done to protect your future.