DUI

The crime of DUI carries many different penalties, depending on the circumstance. The possible penalties for a DUI are listed below:

1. First-time DUI
First-time DUI with a BAC of at least 0.08, but less than 0.150 CLASS OF CRIME Class 1 Misdemeanor MAXIMUM JAIL Six (6) months MINIMUM JAIL One (1) day [10 days, 9 suspended] COUNSELING A drug/alcohol screening will be performed. The results of the screening can affect the duration of counseling. MINIMUM FINE $250 + surcharge ADDITIONAL FINANCIAL PENALTY $500 to State Prison Fund PROBATION 5 years (maximum) Driver’s License Consequences SUSPENSION 90 days (work permit after 30 days) INTERLOCK DEVICE Required

2. Second Time DUI
Second-time DUI (with a valid license) within sixty (60) months CLASS OF CRIME Class 1 Misdemeanor MAXIMUM JAIL Six (6) months MINIMUM JAIL 30 days [90 days, 60 suspended] COUNSELING A drug/alcohol screening will be performed. The results of the screening can affect the duration of counseling. MINIMUM FINE $500 + surcharge ADDITIONAL FINANCIAL PENALTY $1250 to State Prison Fund PROBATION 5 years (maximum) Driver’s License Consequences SUSPENSION 1 year revocation INTERLOCK DEVICE Required

3. First Time Extreme DUI
First-time Extreme DUI CLASS OF CRIME Class 1 Misdemeanor MAXIMUM JAIL Six (6) months MINIMUM JAIL 30 days COUNSELING A drug/alcohol screening will be performed. The results of the screening can affect the duration of counseling. MINIMUM FINE $250 + surcharge ADDITIONAL FINANCIAL PENALTY $250 assessment to the Arizona DUI Abatement Fund; additional $1000 to State Prison Fund. PROBATION 5 years (maximum) Driver’s License Consequences SUSPENSION 90 days (work permit after 30 days) INTERLOCK DEVICE Required

4. Second Time Extreme DUI
Second-time Extreme DUI CLASS OF CRIME Class 1 Misdemeanor MAXIMUM JAIL Six (6) months MINIMUM JAIL 120 days COUNSELING A drug/alcohol screening will be performed. The results of the screening can affect the duration of counseling. MINIMUM FINE $500 + surcharge ADDITIONAL FINANCIAL PENALTY $250 assessment to the Arizona DUI Abatement Fund. (Additional $1000 assessment for arrests after March 13, 2004.) PROBATION 5 years (maximum) Driver’s License Consequences SUSPENSION 1 year revocation INTERLOCK DEVICE Required

5. Aggravated DUI Felony
Aggravated DUI (Felony) CLASS OF CRIME Class 4 Felony MAXIMUM JAIL 2.5 years MINIMUM JAIL 4 months in the Department of Correction COUNSELING A drug/alcohol screening will be performed. The results of the screening can affect the duration of counseling. MINIMUM FINE $750 + surcharge ADDITIONAL FINANCIAL PENALTY $250 assessment to the Arizona DUI Abatement Fund; additional $1500 assessment PROBATION First-time felony DUI charges are eligible for probation (10 years) Driver’s License Consequences SUSPENSION 3 year revocation INTERLOCK DEVICE Required

6. Super Extreme DUI
In 2007, a new Arizona DUI legislation was signed into law; part of this legislation introduced a new DUI law Arizona attorneys have referred to as “Super” Extreme DUI. The language of the statute does not actually refer to the word “super”; most attorneys have simply adopted this name because of the harsh “super” jail sentence that can result from a conviction of this law. To be convicted of Super Extreme DUI, a person must be proven to have been driving and have a blood alcohol concentration of .200 or above. The resulting jail term, which is only one of several penalties, is a minimum of 45 days even for first time offenders, making this one of the country’s most punitive laws for first time offenders. The good news regarding this statute is there are several cases currently challenging the legality of the statute.

7. Burden of Proof
To convict a person of DUI, the State must prove a number of elements, which are addressed below. 1. Driving or Actual Physical Control The first element of a DUI charge is that a person was driving or in actual physical control of a vehicle. A defendant need not actually be “driving” a vehicle. 2. Impairment The next element the State must prove is that the person driving or in actual physical control was impaired. As shown above, the State can charge: a) impairment to the slightest degree; b) BAC of 0.08 or higher; and/or BAC of 0.15 or higher. The State can also charge drug impairment to the slightest degree or the presence of specific drugs or metabolites in the person’s system. The “impairment to the slightest degree” charge almost always accompanies any other charge, because the requirements for conviction are minimal. While most people understand that the BAC limit for DUI is 0.08, many don’t realize that the State does not need to prove the presence of any BAC at all.