Below are the mandatory minimum sentences for various drunk driving charges in the State of Arizona. Actual sentences may vary based on the facts of your case and by judge and jurisdiction.
If you are facing a DUI/DWI, extreme DUI charge, or a charge of driving under the influence of drugs, it is important that you contact an experienced, aggressive criminal law attorney immediately to protect your rights and improve your chances of having the charges reduced or dropped.
PENALTIES FOR A FIRST OFFENSE
Driving Under the Influence (DUI) – (no BAC required)
Driving While Intoxicated (DWI) – (BAC of .08 to .149)
Commercial driver’s license holders (BAC of .04 or more)
- 10 days in jail (court may require only 24 hours with drug/alcohol evaluation and completion of mandatory treatment program)
- Fines and costs exceeding $1,500
- 90-day driver’s license suspension (30 days no driving, and restricted license possible for the remaining 60 days)
- Ignition interlock on car for 12 months after license reinstatement
- Probation up to 5 years
- Possible community service
- Possible impoundment of your vehicle
- * Commercial driver’s license holders: possible loss of license.
PENALTIES FOR A SECOND OFFENSE (Prior offense within 84 months)
Driving While Impaired to the Slightest Degree (no BAC required)
Driving While Intoxicated (DWI) – (BAC of .08 to .149)
Commercial driver’s license holders (BAC of .04 or more)
- 90 days in jail (court may require only 60 days with drug/alcohol evaluation and completion of mandatory treatment program)
- Fines and costs exceeding $3,000
- License revoked one year, no temporary license
- Ignition interlock on car for 12 months after license reinstatement
- Probation up to 5 years
- Minimum of 30 hours of community service
- Possible impoundment of your vehicle
- * Commercial driver’s license holders: possible permanent loss of commercial driver’s license.
PENALTIES FOR A FIRST TIME EXTREME DUI OFFENSE (BAC of .15 to .19)
Under Arizona law, a person can be charged with Extreme DUI if he or she has a blood-alcohol content (BAC) of .15 or greater within two hours of driving a motor vehicle.
- 30 days in jail
- Fines and costs exceeding $2,700
- 90-day driver’s license suspension (30 days no driving, and restricted license possible for the remaining 60 days)
- Ignition interlock on car for 12-18 months after license reinstatement
- Probation up to 5 years, possible community service
- Possible impoundment of your vehicle
- Other penalties may include traffic survival school, and MADD victim impact panel.
PENALTIES FOR REPEAT OFFENSE EXTREME DUI (BAC of .15 to .19)
(within 84 months of any DUI / DWI charge)
- 120 days in jail
- Fines and costs exceeding $3,600
- License revoked one year, no temporary license
- Ignition interlock on car for 12-18 months after license reinstatement
- Continuous alcohol monitoring possible for 90 days or more
- Probation up to 5 years, minimum of 30 hours of community service
- Possible impoundment of your vehicle
- Other penalties may include traffic survival school, and MADD victim impact panel.
PENALTIES FOR SUPER EXTREME DUI (BAC of .20 or more)
- 45 consecutive days in jail; mandatory drug/alcohol evaluation and completion of mandatory treatment program
- Fines and costs exceeding $3,200
- 90-day driver’s license suspension (30 days no driving, and restricted license possible for the remaining 60 days)
- Ignition interlock on car for 18 months after license reinstatement
- Probation up to 5 years, possible community service
- Possible impoundment of your vehicle
PENALTIES FOR REPEAT OFFENSE SUPER EXTREME DUI (BAC at or Great than 0.20)
(within 84 months of any DUI / DWI charge)
- 180 days in jail
- Fines and costs exceeding $4,600
- License revoked one year, no temporary license
- Ignition interlock on car for 2 years after license reinstatement
- Probation up to 5 years, minimum of 30 hours of community service
- Possible impoundment of your vehicle
Other penalties may include traffic survival school and MADD victim impact panel.
Felony DUI / Aggravated DUI:
Arizona law considers a DUI as a Class 4 felony if:
- It is the person’s third DUI conviction within seven years
- The DUI occurred while the person’s privileges to drive are suspended, revoked, cancelled or refused
The minimum sentence for Class 4 felony or aggravated DUI includes:
- Minimum of 4 months in prison (maximum 3 years 9 months)
- Fines and costs of exceeding $5,500
- License revoked for 3 years
- Probation up to 10 years
- Mandatory drug/alcohol evaluation and treatment program
- Possible impoundment of your vehicle
Felony DUI / Aggravated DUI:
Arizona law considers a DUI as a Class 6 felony if:
- The person is DUI for any reason and the DUI occurred while transporting a child under age 15.
The minimum sentence for Class 6 felony or aggravated DUI includes:
- Jail time (amount depends on BAC level).08 – .149 = 10
.149 – .199 = 30
.20 or greater = 45
- License revoked for 3 years
- Fines and costs of at least $4500
- Probation for up to 10 years
- Alcohol counseling/treatment
- The punishments increase if the person has been convicted of a prior DUI within 84 month or has any prior felony history
Minor in Possession, Underage Consumption or Underage DUI (BAC .00 or greater)
Any driver under age 21 who has any amount of alcohol in their system can be charged with minor in possession, minor consumption or underage DUI.
The State of Arizona has an extremely harsh law regarding drinking and driving by underage drivers. While adults must have a blood-alcohol content (BAC) of .08 to be charged with DUI, minors and young adults (up to age 21) can be charged with DUI for having any alcohol in their system (.01 BAC), even if there are no physical signs of impairment.
However, the penalties for Under 21 DUI are the same (or worse) as for adults. On a first offense, conviction may carry:
- license suspension for up to 2 years or until driver is 21 (eligible for work permit at court’s discretion)
- a Class 1 misdemeanor criminal record
- a minimum of 1 day in jail (9 days suspended sentence if submitting to alcohol treatment evaluation and/or treatment)
- fines and court costs of at least $1500
- probation, education classes, community service and other penalties at the discretion of the court
Underage Consumption or Minor in Consumption
You must be age 21 to legally drink in Arizona, and state agencies and organizations are trying to clamp down on underage drinking. Underage consumption of alcohol is a misdemeanor and carries severe penalties:
- Driver’s license suspension for up to 2 years
- Fines up to $750 plus court costs
- A misdemeanor record
- Community service