Phoenix DUI Lawyer Blog

The State of Arizona has some of the DUI laws in the country this includes the misdemeanor Arizona DUI penalties. An Arizona Misdemeanor DUI is considered a crime in Arizona. It is important to hire an experienced Arizona criminal defense attorney that defends charges of Arizona DUI on a daily basis, if you have been charged with any type of DUI. Attempting to defend your self against the state for any type of DUI is dangerous. Hiring a experienced Defense Attorney can mean the difference of getting the maximum sentence allowable by the strict laws in Arizona or getting or charges dismissed, a not-guilty verdict, or getting the charges brought down to a lower level. Below are examples of basic DUI sentencing charges, fines fees, and penalties:

Arizona Misdemeanor DUI Criminal Offenses can include the following charges:
• Impaired to the Slightest Degree
• Driving With a BAC Over 0.08%
• Driving With a BAC Over 0.15%
• Driving With Drugs in Your System
• DUI in a Commercial Vehicle
• Underage DUI

Arizona Misdemeanor DUI Criminal Offense Fines Fees and Penalties can Include the following:

1st Arizona DUI Charge Conviction (non-extreme)
1 day in jail
$250 fine + 80% surcharge
$500 prison assessment
$500 DPS
Jail Costs
Evaluation Costs
Treatment Costs
Probation Fees
90 day Driver License suspension
Ignition Interlock Device

2nd Arizona DUI Charge Conviction (non-extreme)
30 days in jail
$250 fine + 80% surcharge
$1250 prison assessment
$250 abatement fee
Jail Costs
Evaluation Costs
Treatment Costs
Probation Fees
Driver License revoked for 1 year
Ignition Interlock Device

1st Arizona Extreme DUI Conviction
30 days in jail
$250 fine + 80% surcharge
$1000 prison assessment
$1000 DPS
$250 abatement fee
Jail Costs
Evaluation Costs
Treatment Costs
Probation Fees
90 day Driver License suspension
Ignition Interlock Device

2nd Arizona Extreme DUI Conviction
120 days in jail
$250 fine + 80% surcharge
$1250 prison assessment
$1250 DPS
$250 abatement fee
Jail Costs
Evaluation Costs
Treatment Costs
Probation Fees
Driver License revoked for 1 year
Ignition Interlock Device

Juveniles Convicted of DUI (Someone under the age of 18 First Offense
Two year license suspension
$100 to $500 fine plus surcharges (court fees)
Court ordered substance abuse counseling (paid for by juvenile offender)
Community Service hours

Juveniles Convicted of DUI (Someone under the age of 18) Second Offense
30 days detention
Two year license suspension
$100 to $500 fine plus surcharges (court fees)
Court ordered substance abuse counseling (paid for by juvenile offender)
Community Service hours.

NOTE: The above Chart Does NOT include the following for which penalties; incarceration, fines fees and penalties are much harsher: Felony Aggravated DUI, Repeat Aggravated Felony DUI, First or Second DUI convictions if the DUI Defendant's license was restricted or revoked, First or Repeat DUI convictions if the Defendant charged was driving with a child in the vehicle.

Continue reading "Arizona DUI Penalties Laws Attorneys " »

For a AZ DUI conviction of a an Arizona DUI offense pursuant to A.R.S. § 28-1381 or extreme DUI offense pursuant to A.R.S. § 28-1382 the term of probation is up to five years and for a conviction of an aggravated DUI offense pursuant to A.R.S. § 28-1383, up to 10 years. A.R.S. §13-902(B).

If you are placed on Arizona probation for your AZ DUI as part of your sentence, you are expected to complete all your terms of probation. Doing any of the following may cause you to be in breach of your probation: committing a new crime, failing a drug/alcohol urine test, failing to keep appointments with probation officer, and possessing a firearm. If you are convicted of a felony DUI and violate probation you could be held non-bondable pending your probation violation hearing.

Under Arizona General Crimes: Unless terminated sooner, the term of probation for a class 2 felony is up to seven years; class 3 felony, up to five years; class 4 felony, up to four years; class 5 or 6 felony, up to three years; class 1 misdemeanor, up to three years; class 2 misdemeanor, up to two years; and class 3 misdemeanor, up to one year.

13-902. Periods of probation; monitoring; fees
A. Unless terminated sooner, probation may continue for the following periods:
1. For a class 2 felony, seven years.
2. For a class 3 felony, five years.
3. For a class 4 felony, four years.
4. For a class 5 or 6 felony, three years.
5. For a class 1 misdemeanor, three years.
6. For a class 2 misdemeanor, two years.
7. For a class 3 misdemeanor, one year.

B. Notwithstanding subsection A of this section, unless terminated sooner, probation may continue for the following periods:
1. For a violation of section 28-1381 or 28-1382, five years.
2. For a violation of section 28-1383, ten years.

28-1381. Driving or actual physical control while under the influence; trial by jury; presumptions; admissible evidence; sentencing; classification
A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances:
1. While under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree.
2. If the person has an alcohol concentration of 0.08 or more within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle.
3. While there is any drug defined in section 13-3401 or its metabolite in the person's body.
4. If the vehicle is a commercial motor vehicle that requires a person to obtain a commercial driver license as defined in section 28-3001 and the person has an alcohol concentration of 0.04 or more.

28-1382. Driving or actual physical control while under the extreme influence of intoxicating liquor; trial by jury; sentencing; classification
A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state if the person has an alcohol concentration as follows within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle:
1. 0.15 or more but less than 0.20.
2. 0.20 or more.

28-1383. Aggravated driving or actual physical control while under the influence; violation; classification; definition
A. A person is guilty of aggravated driving or actual physical control while under the influence of intoxicating liquor or drugs if the person does any of the following:
1. Commits a violation of section 28-1381, section 28-1382 or this section while the person's driver license or privilege to drive is suspended, canceled, revoked or refused or while a restriction is placed on the person's driver license or privilege to drive as a result of violating section 28-1381 or 28-1382 or under section 28-1385.
2. Within a period of eighty-four months commits a third or subsequent violation of section 28-1381, section 28-1382 or this section or is convicted of a violation of section 28-1381, section 28-1382 or this section and has previously been convicted of any combination of convictions of section 28-1381, section 28-1382 or this section or acts in another jurisdiction that if committed in this state would be a violation of section 28-1381, section 28-1382 or this section.
3. While a person under fifteen years of age is in the vehicle, commits a violation of either:
(a) Section 28-1381.
(b) Section 28-1382.
4. While the person is ordered by the court or required pursuant to section 28-3319 by the department to equip any motor vehicle the person operates with a certified ignition interlock device, does either of the following:
(a) While under arrest refuses to submit to any test chosen by a law enforcement officer pursuant to section 28-1321, subsection A.
(b) Commits a violation of section 28-1381, section 28-1382 or this section.

Continue reading "Arizona Probation - Arizona Aggravated DUI Convictions" »

Upon getting an Arizona DUI conviction some DUI penalties are mandatory by Arizona DUI Laws. In those cases an experienced DUI defense attorney will attempt to negotiate with the prosecution or the judge for alternatives to incarceration in county jail.

The following may be available under certain circumstances in some Arizona courts:

Home Arrest or Home Detention: This involves wearing an electronic ankle bracelet while under house arrest. It is not available in most courts.

Work Release: This involves authorization to leave jail to go to work or school in certain instances. If available, in most cases you usually must serve the first 48 hours in jail then released for five consecutive days for 12 hours in and 12 hours out, and then repeat the schedule.

Work Furlough: This also allows you to keep your job and go to work during the day. However, this program is much more restrictive than work release.

City Jail: This allows you to serve your time in the jail associated with the city you received you DUI. City jails are less crowded, cleaner and safer. This is usually less traumatic than serving a jail sentence in county jail or "tent city."

Not all of these options are available in every situation. Many factors influence your ability to negotiate an alternative location to serve your AZ DUI jail sentence. So if you are charged with a DUI you want to retain the best Arizona DUI lawyer you can find to get you the best outcome possible on your case.

Continue reading "Arizona DUI Penalties - Jail " »

Phoenix Arizona DUI Defense Attorney - AZ DUI Laws

Charged with an Arizona DUI? You will to need the Best DUI attorney you can find. This is because Arizona DUI Law requires mandatory jail time for a conviction of any Arizona DUI Charge. Arizona has some of the toughest laws DUI in the country. Just one such DUI penalty is the AZ DUI jail sentence. It is mandatory for any person in Arizona convicted of a DUI. This includes a conviction resulting from a trial, plea agreement, or plead guilty straight to the court. Fair, or not, Arizona law makers have written it into law and neither the judge, or prosecution has discretion with the mandate.

Arizona DUI laws specify that a person must serve at least 24 hours in jail if convicted of even the most basic or misdemeanor Arizona DUI charge. This will increase quickly to 30 days for an Arizona extreme DUI, then 45 days for an Arizona Super Extreme DUI. The maximum jail sentence for any single misdemeanor DUI charge in Arizona is 180 days.

You have probably heard about Arizona's "Sherriff Joe" and "Tent City". If you are in Maricopa County, Arizona and you have to serve jail time for a DUI conviction you will most likely go to Maricopa County Sheriff Office Joe Apraio's "Tent City". Your jail time s served outdoors. Yes, in the cold of winter, or the excessive Arizona heat of summer, known to have reached a sweltering 121 degrees or higher in some desert areas.

A common myth is that if you get stopped by the police and charged for an Arizona DUI will you automatically go to jail. However, that is not necessarily true. The key here is you must be convicted of an Arizona DUI, not just charged. That is why you need a good Arizona DUI lawyer who will fight for your rights and attempt to either get the DUI dismissed or get the charges reduced to a non-DUI conviction with no jail requirement and/or substantially reduced other penalties. There are some criminal charges that a top rated Phoenix DUI lawyer might recommend you fight on your own...But an Arizona DUI charge is not one of them.

Phoenix, DUI Attorney - AZ DUI Laws

If you or someone you know has been charged with an Arizona DUI or other Criminal offense contact the Law Office of James Novak. Call now for your Free Consultation at (480) 413-1499, with experienced Phoenix Criminal and DUI Defense Attorney and James Novak (Former Prosecutor). The Law Office of James Novak represents clients facing DUI & criminal charges throughout Phoenix, Tempe, Scottsdale, Chandler, Gilbert, Mesa and the surrounding areas of Greater Phoenix in Maricopa County, Arizona.

An Arizona DUI has many different levels of charges including "Extreme DUI" and "Super Extreme DUI." Both of these Arizona DUI offenses are higher charges in relation to the range penalties associated with an Arizona Misdemeanor DUI offense. These or any DUI, for that matter in Arizona are very serious offenses.

First a word of caution...you should think twice before you decide to defend your DUI charges on your own. Arizona has the toughest DUI laws in the country and they are constantly changing. You should consult a well versed, experienced Arizona DUI Defense Attorney to defend your DUI charges. Currently the following explains differences between penalties including fines, fees, incarceration and other punishments associated with the two:

Arizona Extreme DUI
Getting charged with an extreme DUI in Phoenix or anywhere in Arizona you will face Extreme DUI charges if your blood alcohol concentration (BAC) is 0.15% or greater. At this point, the driver's ability to safely operate a vehicle is severely compromised.

A first time Arizona Extreme DUI is punishable by:

• A 90-day driver's license suspension
  
• Up to 5 years probation
  
• 30 to 180 days in jail
  
• Fines and fees
  
• Mandatory participation in an alcohol treatment program
  
• Installation of an ignition interlock device in any car that you drive
  

A second Arizona Extreme DUI conviction will result in even greater penalties, including:

• A 1-year driver's license revocation
  
• Up to 5 years probation
  
• 60 days jail, 280 days total
  
• Fines and fees
  
• Mandatory participation in an alcohol treatment program
  
• Installation of an ignition interlock device in any car that you drive
  

Arizona Super Extreme DUI
In Arizona you will get a Super Extreme DUI charge if you are found operating a vehicle with a BAC level of 0.20% or greater. This is the most serious misdemeanor Arizona DUI. A conviction results in much higher penalties, including:

• Driver's license suspension/revocation
• Up to 5 years probation
• 45 days to 180 days in jail
• Fines and fees
• Mandatory participation in an alcohol treatment program
• Installation of an ignition interlock device for 18 months

If you have received a second Super Extreme DUI, the penalties will be even greater including a mandatory 180 days in jail.

Contact a Phoenix DUI Attorney

If you have been charged with an Arizona Extreme DUI or Arizona Super Extreme DUI in Phoenix or any of the surrounding areas in including your Tempe DUI, Scottsdale DUI, Chandler DUI, Gilbert DUI, or Mesa DUI, call today to speak with an Arizona DUI attorney immediately. You will need an experienced Phoenix DUI lawyer, like James Novak, from the Law Office of James Novak to defend you against your Phoenix Arizona DUI charges. James Novak will fight to protect your future and your freedom!

For your FREE Consultation, contact James Novak today at (480) 413-1499!