DUI Sentencing
 

First Offense

A person is convicted of driving or being in physical control of a motor vehicle while under the influence of intoxicants, or driving or being in physical control of a motor vehicle with a BAC of .08 or more, is guilty of a Class One misdemeanor. First time offenders must:

• Complete an alcohol abuse screening (the court has the ability to order the convicted person to obtain counseling, education or treatment).

• The offender must pay all or part of the screening, counseling, education, or treatment if he/she has the financial resources to pay for it. All programs must be approved in advance by the Department of Health Services.

• The offender must serve not less than ten (10) consecutive days in jail. The court has the discretion to suspend all but twenty-four consecutive hours of the sentence if the offender successfully completes an alcohol abuse screening (the time served must be consecutive hours, so the court cannot give credit for any time that may have been served on the day of the arrest).

• The offender must pay a fine of not less than $950 up to $2500. The court also has the discretion of adding additional processing and/or incarceration fees.

• The offender may also be ordered by the court to perform up to forty (40) hours of community service. This includes a class sponsored by Mothers Against Drunk Driving (MADD), known as the Victim Impact Panel.

• The offender may also be placed on a minimum of twelve (12) months probation up to a maximum of five (5) years.

• 1st Offense Misdemeanor:

  • 10 days jail, nine suspendable

  • $1455 fines & fees

  • Alcohol Screening

  • Alcohol Education

  • MADD Victim Impact Panel

  • Probation, usually unsupervised

  • Suspension of civil driver's license - 30 mandatory, 60 restricted

  • 12 months suspension for Refusal (Rest'd available after 90 days)

  • 12 months for CDL in non-CDL vehicle

  • Community service hours

  • Court costs, jail fees and extras

  • Restitution

  • Ignition Interlock Device-12 months

Second Offense

A person is guilty of a Class One misdemeanor if he/she is convicted of a second offense within seven (7) years of the first. The date of the commission of the offense is what determines the seven (7) year period.

• The offender is subject to the same screening, counseling, education and treatment as a first time offender. If financially able, the offender must pay for the screening, etc.

• The offender must serve not less than ninety (90) days in jail. All but thirty (30) days of the sentence may be suspended as long as the offender successfully completes the education and treatment program.

• If the offender fails to complete the education and treatment program, the court will issue an order compelling him/her to show cause why the remaining sixty (60) days should not be served.

• The thirty (30) days must be served consecutively unless the offender is eligible for work release.

• The offender may pay of fine of not less than $1250. The court also has the discretion of adding additional processing and/or incarceration fees.

• The court also has the discretion of ordering community service, the MADD class, and supervised probation.

• 2nd Offense Misdemeanor:

  • 90 days jail, 60 suspendable. Work release eligible?  Home arrest?

  • $3405 fines & fees

  • Alcohol Screening

  • Alcohol Education

  • MADD Victim Impact Panel

  • Probation, usually supervised for at least 24 months

  • Suspension of civil driver's license - 90-day suspension /w no restricted permit

  • An additional 1 year revocation of

  • Community service min30 hours

  • Court costs, jail fees and extras

  • Restitution

  • Ignition Interlock Device-12 months

  • Lifetime loss of CDL for 2nd non-Com DUI

Second Offense Within Seven (7) Years

• For a second offense within seven (7) years, the offender will receive a ninety (90) day suspension with no restrictions on their driver's license and a one (1) year revocation of their driver's license.

• An Interlock device will be installed on the offender's vehicle for one (1) year following reinstatement of their driver's license.

Extreme DUI First Offense (.15-.19)

• 30 days in jail, all but twenty (20) are suspendable

• $2700 fines & fees

• Alcohol Screening

• Alcohol Education

• MADD Victim Impact Panel

• Probation, usually supervised 24 months

• Cont. Alc. Monitoring-30 or more days

• Suspension of driver's license - 30 mandatory, 60 restricted

• Community Service-permissive

• Interlock device and payment of costs-min 12 months

• Court costs, jail costs, and extras

• Restitution

Extreme DUI Second Offense (.15-.19) Within Seven (7) Years

• 120 days in jail, sixty (60) suspendable

• $3405 fines & fees

• Alcohol Screening & Education

• MADD Victim Impact Panel

• Probation, usually 24 months

• Cont. Alc. Monitoring-90+ days

• 90 days & 1 year revocation of driver's license

• Community Service-min 30 hours

• Interlock device and payment of costs-min 12 months

• Court costs, jail costs, and extras

• Restitution

Super Extreme DUI First Offense (.20+)

• 45 consecutive days

• $3250 fines & fees

• Alcohol Screening

• Alcohol Education

• MADD Victim Impact Panel

• Probation, usually supervised 24 months

• Cont. Alc. Monitoring-30 or more days

• Suspension of driver's license - 30 mandatory, 60 restricted

• Community Service-permissive

• Interlock device and payment of costs-min 18 months

• Court costs, jail costs, and extras

• Restitution

Super Extreme DUI Second Offense (.20+)

• 180 days, 90 suspendable

• $4700 fines & fees

• Alcohol Screening & Alcohol Education

• MADD Victim Impact Panel

• Probation, usually 24 months

• Cont. Alc. Monitoring-90+ days

• Suspension of driver's license - 90 mandatory, 1 year restricted

• Community Service-Min. 30 hours

• Interlock device and payment of costs-min 24 months

• Court costs, jail costs, and extras

• Restitution

Work Release

The court has the discretion of ordering work release for a first or second time offender. If the offender is a student or employed, the court will allow him/her released from jail long enough to complete the actual hours of school or work. The offender can be released up to not more than twelve (12) hours per day, and not more than five (5) days a week.

A first time offender must serve at least twenty-four consecutive hours in jail, and a second time offender must serve at least forty-eight consecutive hours in jail before becoming eligible for a work release program.

Home Arrest

Second time offenders may be eligible for home arrest (which means the person is confined to their residence for the duration of the sentence). The offender will be allowed to leave the residence to attend treatment, school and/or work. The probation department must approve a Home Arrest sentence, and the sentence may also include forty-eight (48) consecutive days in jail, thirteen (13) days on work release, and forty-five (45) days of home detention.

Aggravated DUI (Felony)

A DUI conviction is considered to be aggravated if it is committed while a person’s license is suspended, cancelled, revoked, refused or restricted; or if a person has been previously convicted of two (2) prior DUI offenses within seven (7) years. An aggravated DUI is classified as a Class Four felony. An aggravated DUI conviction includes:

• A minimum of four (4) months in prison.

• Probation or suspension of sentence is not available until the offender serves at least four (4) months.

• The sentence may also include to ten (10) years of supervised probation.

• The offender will also be required to attend an alcohol screening, counseling, education and treatment.

• If the offender fails to successfully complete the screening and treatment program, the court has the discretion of sentencing the offender to an additional prison term of four (4) months to 3.75 years.

• The offender may also have to pay a fine of up to $250,000.

• The court may also order the vehicle owned and driven by the offender at the time of the offense forfeited.

• A person who has three (3) DUI convictions within seven (7) years and is convicted of an additional DUI is guilty of a Class Four felony. The offender is subject to all of the above restrictions, but may have to serve a prison term of eight (8) to twelve (12) years, if he/she fails to complete the screening and treatment program.

DUI While Minor Child Present

A person is guilty of a Class Six felony if convicted of a DUI while a minor under fifteen (15) years of age is in the vehicle at the time of the offense. The sentence imposed is up to the discretion of the court, but may range anywhere from probation up to two (2) years in prison.
 

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Law Office of Alfred McDonald, P.C.
4578 East Camp Lowell Drive Tucson, Arizona 85712
Phone: 520.884.5201  /  Fax: 520.884.5079
e-mail: notguilty@arizonadefender.com

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