In Arizona, a person is considered legally intoxicated if their blood alcohol concentration (BAC) is above .08%. Unfortunately, DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) are on the rise throughout the entire country, causing the penalties to become harsher than they ever were before. DUI and DWI are taken very seriously due to the fact that being legally drunk behind the wheel of a car puts everyone on the road at risk.
However, there are times in which a DUI or DWI charge can be challenged and a lesser penalty or no penalty be the end result for the defendant. This is possible when the arrest process was not carried out properly, the results of a roadside sobriety test was not reliable, or the breathalyzer machine produced a faulty result. Having a competent, experienced, and thorough Phoenix DUI lawyer means the facts can come to light and justice can be served. If you’ve been accused of DUI in Phoenix, Mesa, Glendale, Scottsdale or the surrounding area it is important to give Myles A. Schneider & Associates a call before talking to the police.
DUI And DWI Penalties
There is a specific set of guidelines that are a followed by the judge when handing down a sentence. The following are those guidelines:
- First offense BAC .08– 10 to 180 consecutive days in jail with the possibility of a suspended sentence if submitting to alcohol treatment, driver’s license suspension for 90 days, counseling, possible probation of up to 5 years, possible community service, your possible attendance at a Mothers Against Drunk Driving (MADD) Victims Impact Panel, and an ignition interlock device installed in your vehicle for up to 12 months.
- Second offense BAC .08 – 60 to 90 consecutive days in jail with the possibility of 60 of those days suspended if you complete all recommended counseling and treatment, up to $3,500 in fines and additional jail costs, license revocation for one year with no work permit allowance, counseling, possible probation of up to 5 years, at least 30 hours of community service, possible attendance at a MADD Victims Impact Panel, and an ignition interlock device installed within your vehicle for 12 months after license reinstatement.
- First offense BAC .150-.199 – 30 to 180 days in jail served consecutively with the possibility of 20 days suspended if all recommended education and counseling is completed, up to $3,000 in fines plus jail costs, license suspension for 90 days with work permit eligibility in 30 days, counseling, possible probation of up to 5 years, possible community service, attendance at a MADD Victims Impact Panel, and ignition interlock device required 12 months after license reinstatement.
- Second Offense BAC .150-.199 – 120 to 180 consecutive days in jail with the possibility of 60 of those days suspended if you submit to treatment, up to $3,750 in fines plus jail costs, license revocation for one year with no work permit allowance, counseling, possible 5 years probation, 30 hours community service, attendance at MADD Victims Impact Panel, and ignition interlock device required on your vehicle for 12 months after license reinstatement.
- First offense BAC .200 or higher – 45 to 180 consecutive days in jail with no suspension of the minimum 45 days, up to $3,250 in fines plus jail costs, license suspension for 90 days with work permit eligibility, counseling, possible 5 years of probation, possible community service, attendance at a MADD Victims Impact Panel, and an ignition interlock device required in your vehicle for 18 months after license reinstatement.
- Second offense BAC .200 or higher – 180 day flat sentence, up to $4,00 in fines plus jail costs, license revocation for a year, counseling, up to 5 years probation, 30 hours of community service, attendance at a MADD Victims Impact Panel, and the installation of an ignition interlock device in your vehicle for 24 months after license reinstatement.
More severe charges fall under Class 4 Felony and starts with the 3rd DUI within a 7 year period and results in 4 months in jail, plus up to $150,000 in fines, a surcharge of $250 to the DUI abatement fund, and another $1,500 assessment. License revocation is for three years, counseling is required, and probation can last up to five years. The ignition interlock device is required for this offense as well. However, if there is a child under the age of 15 in the vehicle at the time of arrest, this falls under a Class 6 Felony with the jail sentence being the minimum of the misdemeanor offense, but fines can be in excess of $150,000 (same as Class 4 Felony).
Experienced Phoenix DUI Attorney
As you can see, the penalties are very harsh in Arizona. When arrested, it is best to not say anything to law enforcement until you have an attorney present to advise you. Anything you say or do can be used against you in court. Even if you were intoxicated, do not admit it. Call us at 602-926-7373 or fill out the contact form on this page for your free case evaluation. One of our attorneys can advise you as to what to do after arrest and can represent you in court to either have the charges against you reduced or completely dismissed. You have rights and options and it is very important that you know what those are. We can help.
Have you been charged with a crime? Get in touch with a qualified and professional Arizona Criminal Defense Lawyer as soon as possible to discuss your case! Our legal experts will fight for your rights and you will get you justice you deserve.
