Being charged with a DUI in Arizona is a very serious matter that should not be taken lightly even if the charge is a misdemeanor rather than a felony. For a misdemeanor DUI charge, you are facing a minimum of 10 consecutive days in jail and up to 180 days, loss of your driver's license for up to one year, fines between $2,500 and $4,000 and the requirement of installing an maintaining an ignition interlock in your vehicle for at least a year, in addition to other penalties if convicted of DUI. That is why you need an experienced attorney, Contact Us, who will thoroughly investigate your case and raise the following issues if they apply to your case that may result in suppression of evidence, dismissal of the charges or a reduction in the charges or penalties you face:
- Illegal basis for the traffic stop
- Invalid administration of the Field Sobriety Tests (FSTs)
- No probable cause for the arrest (no evidence of impairment or not actually driving the vehicle)
- Invalid deprivation period (15 minutes prior to submitting to the breath tests)
- Unlawful administration of the breath and/or blood tests (officer failed to conduct test(s) properly or the machine was not adequately functioning
- Violation of right to have an independent breath or blood test
- Violation of your Miranda rights (right to remain silent, etc.)
- Unreliable blood test results based on improper blood analysis
You may be charged with any of the following DUI offenses and facing the possible penalties:
Misdemeanor DUIs
FIRST OFFENSE DUI- Driving under the influence of intoxicating liquor and while impaired to the "slightest degree" or with a BAC (Breath/Blood Alcohol Content) between .08 and .14.
SECOND OFFENSE DUI - Driving under the influence of intoxicating liquor and while impaired to the slightest degree or with a BAC between .08 and .14 and having a prior DUI conviction within the past 7 years.
DUI DRUGS - Driving while impaired to the slightest degree by a drug or with the metabolite of an illegal drug in the person's body even if not impaired.
FIRST OFFENSE EXTREME DUI- Driving under the influence of intoxicating liquor with a BAC between .15 and .19.
SECOND OFFENSE EXTREME DUI - Driving under the influence of intoxicating liquor with a BAC between .15 and .19 and having a prior DUI conviction within the past 7 years.
FIRST OFFENSE SUPER EXTREME DUI- Driving under the influence of intoxicating liquor with a BAC at or above .20.
SECOND OFFENSE SUPER EXTREME DUI- Driving under the influence of intoxicating liquor with a BAC at or above .20 and having a prior DUI conviction within the past 7 years.
Underage DUI - Driving with any liquor in the body when the person driving is under 21 years old.
Possible Penalties for Misdemeanor DUIs
-Fines ranging from $1,250 + surcharges to $5,250 + surcharges
-Jail Time: 24 hours to 180 days
-Jail costs
-Mandatory installation of ignition interlock device for 1 to 2 years
-Alcohol screening and counseling
-Suspension / Revocation of driver's license for 90 days to 2 years
-Vehicle impoundment for 30 days
-Community restitution
-MADD Victims' Impact Panel
Felony DUIs
AGGRAVATED DUI - Driving under the influence of intoxicating liquor or drugs and:
- while driving on a suspended or revoked license;
- with two prior DUI convictions within the past 7 years;
- while driving with a child in the car under the age of 15 years old; or
- when the person driving has been ordered to install an ignition interlock device (IID) on any vehicle the person drives and/or when a person ordered to install an IID refuses to submit to a breath, blood or urine test while under arrest pursuant to an officer's DUI investigation.
Possible Penalties for Aggravated DUI
-Fines ranging from $250 to $150,000 + surcharges
-1 to 3.75 years prison
-Minimum 4 months prison
-Probation up to 10 years
- Mandatory installation of ignition interlock device
-Alcohol screening and counseling
-Revocation of driver's license for 3 years
-Vehicle Impoundment
-Vehicle forfeiture
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