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DUI in Arizona
Tests / Studies
- How DUI Conviction Affect Your Employment in Arizona?
- Field Sobriety Tests: Breath & Blood Test
- Common DUI Penalties in Arizona
- Car Insurance Language: Why are Policy Terms so Confusing?
- Blood, Breath or Urine Test Refusal Cases
- Possible Penalties for Extreme DUI and Super Extreme DUI
- Refusing DUI Breath Test: Cases
- DUI: Blood and Urine Cases
- Legal Update on DUI, DWI, Extreme DUI
- DUI Pharmaceuticals
- Legal revise on DUI, DWI, Extreme DUI
- Possible Punishments for DUI/DWI
Disclaimer - Results depend upon factors unique to each case and that results in one case do not predict similar results in others.
DUI conviction happens when a person drives a vehicle while being under the influence of any drug, alcohol or substance of such nature. The consequences of being charged under the umbrella of DUI is long lasting and results into paying fines as well as license suspension. Driving the vehicle under the influence of any drug is a serious offense in Arizona. Also, it can have serious implications for other aspects of life. Effect of DUI conviction on employment is one of the aspects which cannot be ignored. This can drastically affect one’s career growth and other potential opportunities.
DUI and Employment
The first and the foremost thing in which DUI can significantly affect certain professionals is the “fingerprint clearance card”. This can be obtained from the Arizona Department of Police Safety. For instance, teachers rank among the profession that needs such a card. Precisely, the card clears the fingerprints of the individual and becomes an evidence that they have no criminal record. On the other hand, if any individual commits DUI, and their fingerprint card is either suspended or restricted. Then, in such a scenario, it will pose drastic consequences on the individual’s career. (more…)
When someone is stopped on the suspicion of driving under the influence of alcohol or drugs, the officer will administer a number of chemical tests, including breath and blood tests in order to determine if the person is intoxicated or sober. A number of field sobriety tests may also be carried out and the person may have to submit to a urine test.
Arizona is an implied consent state which requires anyone who is lawfully arrested to consent to taking a chemical test. Failure to submit to the test will result in the suspension of the driver’s license and other penalties. Taking these chemical tests is important as they determine whether a driver will be charged or convicted of DUI or DWI. Read on to find out how these tests are carried out and what issues can come up in these tests.
Like in most other states, it is unlawful for a person to be driving under the influence of alcohol or a controlled substance in Arizona. A DUI, DWI or Extreme DWI can have lifelong consequences. The penalties for a DUI conviction depend on the type of DUI the person is charged with and the criminal record of the defendant.
Arizona is a zero-tolerance state when it comes to underage drinking and driving. Anyone below the age of 21 years driving under the influence will be charged with a separate offense, even if the person is not impaired to the slightest degree. The DUI offense for underage drivers is referred to as “baby DUI”, which carries a two year license suspension along with other penalties.
If someone is operating a commercial vehicle with a BAC of 0.04 or above in Arizona, they will be charged with DUI. The penalties and punishments for a regular/non-extreme DUI/DWI in Arizona are defined under ARS 28-1381 of the revised statutes.
First offense regular DUI
A first offense regular DUI in Arizona carries a mandatory minimum jail time of 1 day, and fines and surcharges of up to $2,100. This does not include jail costs. The driver’s license will be suspended for a minimum of 90 days and he or she will be required to install an ignition interlock device in their vehicle for 1 year. A first offense regular DUI is considered a misdemeanor in Arizona. The judge may order alcohol screening or education and may even order to perform community service.
The crazy, detailed language of car insurance lends itself to tons of confusion. Especially after an unfortunate scenario of being involved in a motor vehicle accident says attorney Aaron Crane from Cantor Crane, highly trained and often referred to as a best car accident lawyer in Arizona. People are paying hundreds, sometimes even thousands of dollars each year for auto insurance policies that include all kinds of terms that make no sense at all. Open up your policy sometime and take a quick read. So, what are Medical Payments again? What is a deductible and why do I care?
What exactly does “premium” mean and what factors influence the premiums I pay? Trying to understand these terms while buying car insurance, or especially when dealing with an accident claim is tough and could even require the help of a professional such as a car insurance claims attorney.
While a lot of this terminology is dull, it is also extremely important because it describes the factors determining your car insurance premium costs, and how much money you will get if you happen to cause an accident or someone else causes one and involves you. Here’s an explanation of some common insurance terminology.
Premiums: Your insurance premiums represent the amounts you pay to your auto insurance company in exchange for monetary coverage in case of an accident involving you and/or someone else while driving your car. Many factors determine your premiums such as your age, type of car, driving record, number of past tickets, daily commute and other people that might drive your vehicle. If you’re on a strict budget, try lowering your monthly or annual premiums by increasing your deductible, which we will cover next.
Deductible: This is kind of like a down payment, but you only pay it if and when you make a claim for an accident. It’s the out-of-pocket money you need to come up with first, before the insurance company provides money to cover the costs of an accident. Typical deductibles range from $250 to $500 per accident claim, but you can set your deductible up to $1,000 per accident to shave money off your monthly premiums.
Liability coverage: This is the basic car insurance coverage that all states require you to carry. Unless you’re financing or leasing your car, you could get away with only this type of insurance. Liability coverage protects you in an accident when it’s your fault. This insurance pays the other person when there’s injury to them (called bodily injury coverage) or damage to their property, such as their car (property damage coverage). This type of coverage only pays for the other person though – it does not cover you or your car if you are at fault.
Comprehensive coverage: This type of coverage seems like it should cover everything – is not that what comprehensive means? Sounds crazy, but comprehensive does not cover any damage that comes from a collision! It does cover quite a bit of other damage though, such as vandalism, flood damage, fires or theft. It also covers damage from mishaps such as hitting a deer on the road or having a tree branch fall and break your car’s window shield. Sometimes freak accidents happen and it’s difficult to determine what type of coverage the damage falls under, or an insurer tries to avoid paying you – this is when you may need to consult a car insurance claims attorney.
Collision coverage: This coverage picks up where comprehensive and liability coverages leave off. While your liability coverage pays to fix the other person’s car if you cause an accident, collision coverage is there to pay for collision-related damage to your car.
If you do not consent to give a blood, breath or urine test, the law enforcement officer cannot have MVD suspend your license. However, you will be subject to a civil penalty of $750.00. Again, it is always important to ask to call and talk with a OUI Attorney in Arizona prior to making the decision to submit to a blood, breath or urine test.
First Time Misdemeanor:
Extreme DWI – (.15% and above BAC)
- First offense mandatory minimum 30 days incarceration and no days can be suspended* (this means you must complete all 30 days in jail – day for day)
- Pay a $2500.00 fine
- Must attend alcohol classes
- One (1) year of an IID being connected to your steering wheel after all license suspensions are finished (at a cost of $1500)*#.
- Once you start your vehicle, you must then continue to breathe into the device every 15 minutes to keep your car’s ignition on!
Lastly, a judge may require a person convicted of Extreme DWI to abstain from alcohol for a period of thirty days or more by requiring them to wear a continuous alcohol monitoring device on their ankle, or blowing twice daily into a telephonic breath testing device.
The court, in its discretion, may also prolong this period of continuous alcohol monitoring.
Super Extreme DWI – (.20% and above BAC)
First offense mandatory minimum 45 days incarceration and no days can be suspended*. This means you must serve all 45 days in jail-day-for-day!
You will also receive a $2750.00 fine
Must attend alcohol classes (presumably at least 36)
Eighteen (18) months of an IID being connected to your steering wheel after all suspensions are finished at a cost of over $2000.00.
Lastly, the judge can require you to abstain from alcohol for a period of ninety (90) days or more and require you to wear a continuous alcohol monitoring device on your ankle, or blow into a telephonic breath testing device twice a day.
Second Time Misdemeanor:
Extreme DWI – (.15% and above BAC with a prior DUI conviction within seven (7) years from this offense):
- Mandatory minimum one hundred and twenty (120) days incarceration and no days can be suspended
- Penalty of approximately $3250.00 fine
- Must attend alcohol classes
- 30 hours of community service
- One (1) year of license revocation
- Eighteen (18) months of a mandatory IID being connected to your steering wheel after all suspensions finished at a cost of $2000.00.
Super Extreme DWI – (.20% and above BAC with any prior DUI conviction within seven (7) years from this offense):
- Mandatory minimum one-hundred eighty (180) days incarceration and no days can be suspended
- Penalty of approximately $3750.00
- Alcohol classes (at least 36 hours)
- One (1) year of license revocation
- 30 hours of community service
- Two (2) years of an IID connected to your steering wheel after all suspensions are finished at a cost of $3000.00.
Do you have an Extreme or Super Extreme DUI in Arizona? Was your Blood Alcohol Content(BAC) a 0.15% or higher?
The decision of whether one should agree to a breath test, or deny and accept the penalties is very fact-based and depends on the individual circumstances of the case.
In most first infringement situations, it is wise to consent to a blood, breath, or urine check to work out your BAC following an arrest for DUI or DWI because refusal to consent results in one (1) year suspension of your driving privileges. Alternatively, a breath check that shows a .08% or higher results in only an automatic ninety (90) day suspension, and a restricted driver’s license is likely.
WARNING: If you are currently required to have an Interlock Device on your vehicle and you refuse to give a blood, breath, or urine sample to an officer, then you can be charged with a Felony Aggravated DUI, under A.R.S. §28-1383 Additionally, a refusal to submit to a chemical test now carries a municipal punishment of $500.00!
If your case involved retrieval of blood or urine during your DUI arrest, you will need to wait and see if your results arrive back higher or lower than .08%. It generally takes anywhere between one (1) and six (6) months to get your results back. If your blood results are over a .08%, the officer will send a request for suspension to the DMV. The DMV agency will then notify you with a “Corrective Action Notice” (i.e., notice of suspension). The instant you obtain this from the DMV, contact us immediately so we can request a hearing on your behalf. This request has to be completed within fifteen (15) days of the date of that suspension notice.
What can be confusing is that the Corrective Action Notice will state that the suspension will not proceed into effect until twenty (20) days after mailing of the notice. Do not let them fool you with this additional five (5) days; you have to request a hearing inside the fifteen (15) day period. If you are halted by an officer after we have requested a hearing, you will not have a yellow copy of a temporary driver’s license in your ownership. His computer should disclose that we have demanded a hearing on your behalf. If he still writes you a ticket for driving on a suspended license, do not fret. Simply bring it to us and we will take care of it. If he arrests you for driving on a suspended license, you can take legal action against the DMV for not imputing the hearing request into the computer (assuming you were not suspended prior to your DUI, DWI, or Extreme DUI arrest).
As of February 1, 2006 in certain situations, it will be likely to get a “work permit” to drive to and from work, school, or alcohol classes if you were suspended for declining a chemical test (i.e., an “implied consent” suspension).
A document called the Administrative Per SE/ Implied Consent Affidavit generally is handed out to the driver when the results of the BAC check is .08% or higher, or if you denied to submit to the test. The document consists of a pink and yellow piece of paper. A request for a hearing must be made inside fifteen (15) days from the time the Affidavit was given. This is accomplished by filling out the back of the pink sheet and sending it to the DMV address on the upper left hand of the front page. If you retain the Law Offices of David Michael Cantor, P.C., then we will directly file an authorized “Request for Hearing” pleading on your behalf. If this is not completed, then on the 16th day the ninety (90) day suspension will immediately proceed into effect if you were over a .08%, or a one (1) year suspension if there was a denial to submit to a blood, breath or urine check.
If the request for hearing is made inside the fifteen (15) days, a “Hearing Date Notice” will usually be mailed out two (2) months subsequent. The official Hearing Date will be a month after obtaining the Hearing Date Notice. Throughout this two (2) to three (3) month time span, your license is valid and you are allowed to drive (assuming it was valid before the DUI stop). You will have the yellow portion in your possession which will act as your “Temporary License”. If you are stopped by an officer in that time span and he tells you that your permit is suspended, simply tell him that we are your DUI lawyers in Arizona and we have requested a hearing on your behalf. If he still cites you for driving on a suspended license, don’t panic. Simply bring us in the citation and we will take care of it. If he arrests you for driving on a suspended license, you can sue him for false arrest.
Sponsored Video: Misdemeanor DUI Statute of Limitations
Punishments for first offense misdemeanors are nothing to laugh at. See below the possible penalties and monetary costs for a first conviction of non-extreme DUI or DWI.
Sponsored Video: First Offense Misdemeanor (Regular DUI or DWI)
- Mandatory minimum of 10 days in jail (9 days can be suspended upon completion of mandatory alcohol screening): Approximately $200.00
- Recommended classes: Approximately $400.00
- Minimum fine and surcharge: Approximately $1,250.00
- Total cost: $1,850.00
- One year of a mandatory ignition interlock device (IID), attached to your steering wheel. This requires you to blow into the device every time before you start your car. Plus, you must continue to blow into the device every 15 minutes to keep the car’s ignition on!
- Lastly, the court can order more than twelve months of an interlock device in severe cases.
Sponsored Video: Second Offense Misdemeanor (Regular DUI or DWI)
A conviction for a second non-extreme DUI or DWI within seven (7) years from the first conviction, the mandatory minimum penalties are:
- Minimum 90 days in jail (60 can be suspended only upon completion of mandatory alcohol screening classes
- Minimum fine and surcharge of $3,000
- 30 hours of community service
- The Motor Vehicle Department will revoke your driving privileges for at least one year.
- One year mandatory interlock device being attached to your steering wheel (approximately $1,500.00)
Sponsored Video: Third Offense Misdemeanor (Regular DUI or DWI)