DUI Sentencing in Arizona

First Offense Non-Extreme DUI

A person convicted of driving or being in actual physical control of a vehicle while impaired by drugs or alcohol to the slightest degree, or with a BAC of .08 or more, is guilty of a Class One Misdemeanor and MUST receive AT LEAST the following mandatory minimum sentence:

  1. Mandatory minimum fines and fees that are currently around $1,500 (not including jail fees).
  2. A minimum of 10 days in jail, with 9 days capable of being suspended. You would have to serve at least one day in jail.
  3. Court ordered alcohol/drug screening and counseling and a MADD Victim Impact Panel class.
  4. 12 months of probation during which you must successfully complete your sentence requirements and stay out of legal trouble.
  5. A 90 day suspension of your driver’s license with a restricted permit available after 30 days of no driving. If you refused a chemical test, then it is a 12 month suspension with a restricted permit available after 90 days of no driving.
  6. You would be required to equip your vehicle with a certified ignition interlock device for 6 to 12 months and you would have to attend traffic survival school.

First Offense Drug DUI

A person convicted of driving or being in actual physical control of a vehicle with a drug or metabolite in their body is guilty of a Class One Misdemeanor and MUST receive AT LEAST the following mandatory minimum sentence:

All six of the above plus a one year revocation of your driver’s license in addition.

First Offense Extreme DUI

A person convicted of driving or being in actual physical control of a vehicle with a BAC of .15 or more but less than .20, is guilty of a Class One Misdemeanor and MUST receive AT LEAST the following mandatory minimum sentence:

  1. Mandatory minimum fines and fees that are currently around $2,500 (not including jail fees).
  2. A minimum of 30 days in jail, with 21 days capable of being suspended. You would have to serve at least 9 days in jail.
  3. Court ordered alcohol/drug screening and counseling and a MADD Victim Impact Panel class.
  4. 12 months of probation during which you must successfully complete your sentence requirements and stay out of legal trouble.
  5. A 90 day suspension of your driver’s license with a restricted permit available after 30 days of no driving. If you refused a chemical test, then it is a 12 month suspension with a restricted permit available after 90 days of no driving.
  6. You would be required to equip your vehicle with a certified ignition interlock device for 12 months and you would have to attend traffic survival school.

First Offense Super Extreme DUI

A person convicted of driving or being in actual physical control of a vehicle with a BAC of .20 or more, is guilty of a Class One Misdemeanor and MUST receive AT LEAST the following mandatory minimum sentence:

  1. Mandatory minimum fines and fees that are currently around $3,000 (not including jail fees).”
  2. A minimum of 45 days in jail, with 31 days capable of being suspended. You would have to serve at least 14 days in jail.
  3. Court ordered alcohol/drug screening and counseling and a MADD Victim Impact Panel class.
  4. 24 months of probation during which you must successfully complete your sentence requirements and stay out of legal trouble.
  5. A 90 day suspension of your driver’s license with a restricted permit available after 30 days of no driving. If you refused a chemical test, then it is a 12 month suspension with a restricted permit available after 90 days of no driving.
  6. You would be required to equip your vehicle with a certified ignition interlock devise for 12 months and you would have to attend traffic survival school.

Second Offense Non-Extreme DUI

A person convicted of driving or being in actual physical control of a vehicle while impaired by drugs or alcohol to the slightest degree, or with a BAC of .08 or more, and having a prior DUI conviction within 7 years, is guilty of a Class One Misdemeanor and MUST receive AT LEAST the following mandatory minimum sentence:

  1. Mandatory minimum fines and fees that are currently around $3,000 (not including jail fees).”
  2. A minimum of 90 days in jail, with 60 days capable of being suspended. You would have to serve at least 30 days in jail
  3. Court ordered alcohol/drug screening and counseling and a MADD Victim Impact Panel class.
  4. 24 months of probation during which you must successfully complete your sentence requirements and stay out of legal trouble
  5. A 90 day suspension of your driver’s license with NO restricted permit available. There is an additional 12 month revocation for your second DUI conviction in 7 years, with a restricted license available after 45 days of no driving. If you refused a chemical test, then it is a 12 month suspension instead of 90 days. It is a 24 month suspension if it is your second refusal in 7 years.
  6. You would be required to equip your vehicle with a certified ignition interlock devise for at least 12 months and you would have to attend traffic survival school.
  7. 30 hours of community service.

Second Offense Extreme DUI

A person convicted of driving or being in actual physical control of a vehicle with a BAC of .15 or more but less than .20 and having a prior DUI conviction within 7 years, is guilty of a Class One Misdemeanor and MUST receive AT LEAST the following mandatory minimum sentence:

  1. Mandatory minimum fines and fees that are currently around $3,250 (not including jail fees).
  2. A minimum of 120 days in jail, with 0 days capable of being suspended. You would have to serve at least 120 days in jail
  3. Court ordered alcohol/drug screening and counseling and a MADD Victim Impact Panel class.
  4. 24 months of probation during which you must successfully complete your sentence requirements and stay out of legal trouble
  5. A 90 day suspension of your driver’s license with NO restricted permit available. There is an additional 12 month revocation for your second DUI conviction in 7 years, with a restricted license available after 45 days of no driving. If you refused a chemical test, then it is a 12 month suspension instead of 90 days. It is a 24 month suspension if it is your second refusal in 7 years.
  6. You would be required to equip your vehicle with a certified ignition interlock devise for at least 12 months and you would have to attend traffic survival school.
  7. 30 hours of community service.

Second Offense Super Extreme DUI

A person convicted of driving or being in actual physical control of a vehicle with a BAC of .20 or more and having a prior DUI conviction within 7 years, is guilty of a Class One Misdemeanor and MUST receive AT LEAST the following mandatory minimum sentence:

  1. Mandatory minimum fines and fees that are currently around $3,750 (not including jail fees).
  2. A minimum of 180 days in jail, with 0 days capable of being suspended. You would have to serve at least 180 days in jail
  3. Court ordered alcohol/drug screening and counseling and a MADD Victim Impact Panel class.
  4. 24 months of probation during which you must successfully complete your sentence requirements and stay out of legal trouble
  5. A 90 day suspension of your driver’s license with NO restricted permit available. There is an additional 12 month revocation for your second DUI conviction in 7 years, with a restricted license available after 45 days of no driving. If you refused a chemical test, then it is a 12 month suspension instead of 90 days. It is a 24 month suspension if it is your second refusal in 7 years.
  6. You would be required to equip your vehicle with a certified ignition interlock devise for at least 12 months and you would have to attend traffic survival school.
  7. 30 hours of community service.

Felony DUI- Third DUI Offense Within 7 Years Or DUI Offense While License Is Suspended, Cancelled, Revoked Or On A Restriction

A person convicted of driving under the influence with two prior DUI’s within the last 7 years or convicted a DUI while their license is suspended, cancelled, revoked or restricted is guilty of a Class 4 felony and MUST receive AT LEAST the following mandatory minimum sentence:

  1. Mandatory minimum fines and fees that are currently around $4,000 (not including jail fees).
  2. A minimum of 4 months in PRISON.
  3. Court ordered alcohol/drug screening and counseling and a MADD Victim Impact Panel class.
  4. up to 10 years of probation during which you must successfully complete your sentence requirements and stay out of legal trouble
  5. A minimum 12 month suspension of your license.
  6. You would be required to equip your vehicle with a certified ignition interlock devise for at least 24 months and you would have to attend traffic survival school.

Felony DUI- Child Under 15 In The Vehicle

A person convicted of any driving under the influence offense with a child under 15 years of age in the vehicle is guilty of a Class 6 felony and MUST receive AT LEAST the following mandatory minimum sentence:

  1. Mandatory minimum fines and fees that are currently around $4,000 (not including jail fees).
  2. The corresponding mandatory minimum jail sentences listed above for misdemeanor’s apply to DUI with children in the vehicle.
  3. Court ordered alcohol/drug screening and counseling and a MADD Victim Impact Panel class.
  4. up to 10 years of probation during which you must successfully complete your sentence requirements and stay out of legal trouble
  5. A minimum 12 month suspension of your license. .
  6. You would be required to equip your vehicle with a certified ignition interlock devise for at least 24 months and you would have to attend traffic survival school.