Driving Under the Influence

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Common DUI Charges

The Glazer Law Office, Flagstaff DUI LawyerThere are various forms of Driving Under the Influence (DUI) in Arizona. The most common DUI charge occurs when, while under the influence of alcohol, an individual drives while “impaired to the slightest degree.” Another common charge occurs when an individual’s alcohol concentration is .08 or more within two hours of driving. These two charges are commonly referred to as a Simple DUI.

An Extreme DUI occurs when an individual’s alcohol concentration is .15 or more within two hours of driving. A Super Extreme DUI occurs when an individual’s alcohol concentration is .20 or higher within two hours of driving.

You need not actually have been driving your vehicle to be charged with a DUI. The DUI statute requires merely that you were in “actual physical control” of the vehicle. In determining whether you were in “actual physical control,” a variety of factors are taken into consideration, including the following:

  1. Whether the ignition was on
  2. Where the individual was located
  3. Whether the individual was awake or asleep
  4. Where the vehicle was located
  5. Time of day

It is a defense to an “actual physical control” charge that you were using the vehicle as a stationary shelter and did not pose a threat to the public.

DUIs can also be charged when the driver was under the influence of legal or illegal drugs. For more information about Drug DUIs, click here.

If you were under 21 at the time you were stopped for DUI, you may also be charged with an Underage DUI. For more information about the penalties for Underage DUIs, click here.

Finally, certain circumstances heighten a regular misdemeanor DUI to a felony DUI (a.k.a. “Aggravated DUI”). To see whether those circumstances apply to your case, click here.

The Glazer Law Office, Flagstaff DUI Lawyer

Misdemeanor DUI Penalties

All three above-listed offenses are class 1 misdemeanors, punishable by the following maximum and minimum penalties.

  1. First Offense Simple DUI (Class 1 Misdemeanor)
    1. Court-imposed penalties:
      1. Jail
        1. Mandatory minimum = 10 days, 9 suspended with alcohol screening and recommended follow-up treatment.
        2. Maximum = 6 months in jail
      2. Fine
        1. Maximum = $2,500 (plus an 83% surcharge)
        2. Typical fine = approximately $1,600
  • Additional Penalties
    1. Possible Alcohol/Drug Screening or Treatment
    2. Possible DUI Impact Panel
    3. Possible Community Service
    4. Possible Probation for up to five years
  1. MVD-imposed penalties
    1. 90-day license suspension
    2. Mandatory minimum Ignition Interlock Device for one year
  • 8 points on your driving record (which results in Traffic Survival School or point suspension)
  1. Possible SR22 insurance
  1. Second Offense (within 7 years) Simple DUI (Class 1 Misdemeanor)
    1. Court-imposed penalties
      1. Jail
        1. Minimum = 90 days, 60 days suspended with alcohol screening and recommended follow-up treatment.
        2. Maximum = 6 months in jail
      2. Fine
        1. Maximum = $2,500 (plus 83% in surcharges)
        2. Typical = $3,600
  • Additional Penalties
    1. Mandatory Community Restitution
    2. Possible Alcohol/Drug Screening or Treatment
    3. Possible DUI Impact Panel
    4. Possible Probation for up to five years.
  1. MVD-imposed penalties
    1. Mandatory Revocation of license for one year
    2. Mandatory Ignition Interlock Device for one year following revocation of license
  • 8 points on your driving record (which results in Traffic Survival School or point suspension).
  1. Possible SR22 insurance
  1. First Offense Extreme DUI (.15 or more but less than .20) (Class 1 Misdemeanor)
    1. Court-imposed penalties
      1. Jail
        1. Minimum = 30 days, 21 suspended with one-year ignition interlock (which MVD requires anyways)
        2. Maximum = 6 months in jail
      2. Fines
        1. Maximum = $2,500 (plus 83% surcharge)
        2. Typical = approximately $2,800
  • Additional penalties
    1. Possible Alcohol Screening/Counseling
    2. Possible DUI Impact Panel
    3. Mandatory ignition interlock for one year (or longer)
    4. Possible Community Restitution
    5. Possible Probation for up to five years
  1. MVD-imposed penalties
    1. 90-day license suspension
    2. Ignition Interlock device for one year (court can extend)
  • 8 points on your driving record (which results in Traffic Survival School or point suspension).
  1. Possible SR22 insurance
  1. Second Offense (within 7 years) Extreme DUI (.15 or more but less than .20) (Class 1 Misdemeanor)
    1. Court-imposed penalties
      1. Jail
        1. Minimum = 120 days (4 months) with no possibility of suspended sentence.
        2. Maximum = 6 months in jail
      2. Fine –
        1. Maximum = $2,500 (plus 83% surcharge)
        2. Typical = $3,800
  • Additional Penalties
    1. Mandatory Community Restitution (30 hours)
    2. Possible probation
    3. Possible Alcohol screening/Counseling
    4. Possible DUI Impact Panel
  1. MVD-imposed penalties
    1. Revocation of license for one year
    2. Mandatory Ignition Interlock Device for one year following revocation of license (court can extend).
  • 8 points on your driving record (which results in Traffic Survival School or point suspension)
  1. Possible SR22 insurance
  1. First Offense Super Extreme DUI (.20 or more) (Class 1 Misdemeanor)
    1. Court-imposed penalties
      1. Jail
        1. Minimum = 45 days, 31 days of the sentence with installation of interlock device (which MVD will require anyways)
        2. Maximum = 6 months
      2. Fines
        1. Maximum = $2,500 (plus 83% surcharge)
        2. Minimum = $3,300
  • Additional penalties
    1. Possible Alcohol Screening/Counseling
    2. Possible DUI Impact Panel
    3. Possible Community Restitution
    4. Possible Probation for up to five years
  1. MVD-imposed penalties
    1. 90-day license suspension
    2. Ignition Interlock device for 1.5 years (court can extend)
  • 8 points on your driving record (which results in Traffic Survival School or point suspension)
  1. Possible SR22 insurance
  1. Second Offense (within seven years) Super Extreme DUI (.20 or more) (Class 1 Misdemeanor)
    1. Court-imposed penalties
      1. Jail
        1. Minimum = 180 days (6 months) with no possibility of suspended sentence.
        2. Maximum = 6 months
      2. Fines –
        1. Maximum = $2,500 (plus 83% surcharge)
        2. Typical = approximately $4,7,00
  • Additional penalties
    1. Mandatory Community Restitution (30 hours)
    2. Possible alcohol screening/counseling
    3. Possible DUI Impact Panel
    4. Possible probation
  1. MVD-imposed penalties
    1. Revocation of license for one year
    2. Mandatory Ignition Interlock Device for 1.5 years following revocation of license (court can extend).
  • 8 points on your driving record(which results in Traffic Survival School or point suspension)
  1. Possible SR22 insurance

Administrative Ramifications

Even if you haven’t been convicted of a DUI, the MVD may suspend your license if either (1) you submitted to an alcohol content test and the results were .08 or higher or (2) you refused to submit to an alcohol content test. If the former, your license will be suspended for 90 days. If the latter, your license will be suspended for 1 year (or 2 years if you refused an alcohol content test in the past 7 years). You can challenge an administrative MVD suspension by requesting summary review or an administrative hearing.

Your Flagstaff DUI Lawyer

Whether or not you’re familiar with the judicial, the questions that arise in DUI cases are not easy to answer on your own. A Flagstaff DUI lawyer is really the only person you can trust from the time you’re arrested until your case is concluded. Attempting to communicate with the courthouse, prosecutor, or MVD on your own can be complicated and result in conflicting information. Every DUI case is different. Having a professional examine the details of the case and work with the legal community on your behalf will help you obtain the best possible result.

You need a DUI lawyer who has the experience and professionalism to handle your case.

AAPDALogo The Glazer Law Office has handled thousands of DUI cases and has helped their clients through the entire case process. DUI defense attorney, Stephen R. Glazer defends against a variety of charges including DUI Slightest Degree, Simple DUI (.08 or higher), Extreme DUI (.15 or higher), and Super Extreme DUI (.20 or higher), Aggravated DUI, and Underage DUI.

Our attorneys can effectively evaluate the circumstances surrounding your case to create a solid defense that will help you achieve the least severe sentence possible.

Take the time to meet with us and discuss your case. We offer free case consultations to inform you of your options and put your mind at ease.

The Glazer Law Office, PLLC

(928) 213-9253

glazerlaw@theflagstaffattorney.com

Free Case Consultation