DUI / DWI Penalties
Driving While Impaired to the Slightest Degree -- "DUI"
Driving With a Blood Alcohol Concentration of .08% or Above -- "DWI"
A violation of either A.R.S §28-1381(A)(1) -- "DUI" or A.R.S. §28-1381(A)(2) -- "DWI" is a Class 1 Misdemeanor. A Class 1 Misdemeanor is punishable by a maximum jail term of six months and a maximum total fine of $4,500.00. If convicted of either "DUI" or "DWI" there is a minimum mandatory jail sentence of 10 days. However, 9 days in jail can be suspended so long as the mandatory alcohol screening and counseling is completed. There is a minimum mandatory total fine of $1,470.00 (some courts also add a local court surcharge). The court will also require reimbursement for jail costs which are approximately $80.00 per day. Alcohol screening and counseling are also mandatory. The screening process is an evaluation to determine the length of counseling required. Typically, 16 hours of counseling is ordered. The court can also require probation for up to five years. Most courts impose unsupervised probation although there are a few courts which can impose supervised probation.
Your driver's license or privilege to drive can also be suspended. If your driver's license is suspended as the result of a breath, blood, or urine test which is over the legal limit of .08%, or as a result of a criminal conviction for "DUI" or "DWI", the suspension is ninety days. After thirty days you are eligible for a restricted license for the remaining sixty days if you did not cause serious physical injury and you have no prior "DUI" or "DWI" convictions, or driver's license suspensions, in the previous five years. The restricted driver's license allows you to travel to and from work, school, probation, and any treatment facility. The Arizona Department of Transportation will also require you to equip your vehicle with a Ignition Interlock
Device for one year following the reinstatement of your driver's license.
If you refused to take the breath test, the Arizona Department of Transportation will suspend your driver's license for 12 months with no eligibility for a restricted license. Your driver's license will be suspended for two years for a second or subsequent refusal within sixty months. A criminal conviction for "DWI-Drugs", A.R.S. §28-1381(A)(3) will result in a one year revocation of your driver's license.
Second Offense DUI/DWI
If you have been previously convicted of "DUI" or "DWI" within eighty four months (7 years) the mandatory minimum penalties substantially increase. There is a minimum mandatory jail sentence of 90 days. However, 60 days in jail can be suspended so long as the mandatory alcohol screening and counseling is completed. Most courts allow for work release after serving 48 consecutive hours. The minimum mandatory total fine is $3,430.00, plus any local court surcharge and jail costs. The alcohol counseling requirement is normally 36 hours. The court will also impose probation for up to five years.
A second "DUI" or "DWI" conviction within a five year period will also mandate a one-year driver's license revocation. After the period of revocation terminates, you are required to reapply for reinstatement and must complete an investigation process with the Arizona Department of Transportation (ADOT). Reinstatement is not automatic. As a term of reinstatement, ADOT will require you to install and maintain an ignition interlock device on all personal vehicles you drive for a period of at least one year following the reinstatement of your driver's license.
Driving While Under the Extreme Influence of Intoxication Liquor -- "Extreme DWI"
A violation of "Extreme DWI", A.R.S. §28-1382, having a blood alcohol concentration of .15% or higher, is also a Class 1 Misdemeanor. If convicted, there is a minimum mandatory jail sentence of 30 days. However, 20 days can be suspended so long as the mandatory alcohol screening and counseling is completed. Normally, 36 hours of counseling is ordered. The court will normally allow work release privileges after serving 48 consecutive hours in jail. The minimum mandatory total fine is $2,470.00, plus any local court surcharge and jail costs. The Court is also required to impose an additional $250.00 "DUI Abatement Fee". The court can impose probation for up to five years. If a person's BAC is .20% or higher, then 45 days in jail is mandatory.
You will also be required to install and maintain an ignition interlock device in all personal vehicles you drive for a period of at least one year following the reinstatement of your driver's license.
Second Offense "Extreme DWI"
If you have been previously convicted of "DUI" or "DWI" within 84 months (7 years), the mandatory minimum sentence substantially increases. If convicted, there is a minimum mandatory jail sentence of 120 days. However, 60 days can be suspended so long as the mandatory alcohol screening and counseling, normally 36 hours, is completed. Again, the court will normally allow work release after serving 48 consecutive hours. The minimum mandatory fine is $3,430.00, plus any local court surcharge and jail costs. The Court is also required to impose an additional $250.00 "DUI Abatement Fee", and probation for up to five years. The ignition interlock device is also mandatory.
Aggravated Driving While Under the Influence of Intoxicating Liquor -- "Felony DWI"
"Felony DWI" is very serious. A "Felony DWI" committed either as a result of the person's driver's license being suspended, cancelled, revoked, refused, or restricted, A.R.S. §28-1383(A)(1), or as a result of having two prior "DUI" or "DWI" convictions within 84 months (7 years), A.R.S. §28-1383(A)(2), is a Class 4 Felony. A Class 4 Felony is punishable by a minimum prison sentence of 1 year to a maximum prison sentence of 3.75 years. If placed on probation, which will be supervised and can be for up to 10 years, there is a mandatory sentence of four months in prison! The mandatory minimum fine for a "Felony DWI" is $4,390. Alcohol screening and counseling is also mandatory.
An Aggravated DWI conviction also requires a mandatory three year driver's license revocation. At the end of the revocation, reinstatement is not automatic. The person must make application and successfully complete the ADOT investigation. The ignition interlock device is required as a term of reinstatement of the person's driver's license. Further, it is possible that the vehicle used may be subject to forfeiture.
"Felony DWI" With a Child Under 15 in the Vehicle
A "DUI" or "DWI" which becomes an "Aggravated DWI" for having a child under 15 in the vehicle is a Class 6 Felony. A Class 6 Felony is punishable by a minimum prison sentence of .33 years and a maximum sentence of 2 years. There is not a mandatory prison requirement. It is also punishable by probation for up to 10 years. As a term of probation, the court can order a jail sentence of up to one year in the county jail. The court must sentence the person to at least the minimum mandated "DWI" penalties as outlined above: (1st offense: 10 days in jail with 9 suspended - $1,470.00 fine; 2nd offense: 90 days in jail with 60 suspended - $3,430.00 fine; Extreme: 30 days in jail with 20 suspended - $2,470.00 fine; 2nd offense Extreme: 120 days in jail with 60 suspended - $3,430.00 fine). Alcohol screening and counseling is mandatory.
This conviction also mandates a three year driver's license revocation and requires the ignition interlock device as a term of reinstatement.
The penalties mandated by any "DWI" related conviction can be severe and can have long lasting affects. The vehicle used may be subject to forfeiture to the State of Arizona. Please call for immediate assistance.
- Designed, Maintained and Hosted by