Aggravated DUI
Arizona law specifies that it is unlawful for anyone to drive, operate a watercraft or operate any aircraft while under the influence of alcohol, drugs, inhalants or any intoxicant where the person’s blood alcohol concentration (BAC) is 0.08 percent or greater when measured within two hours of an arrest.
DUI charges are very serious and are not something you should navigate without legal representation like an experienced Arizona DUI lawyer like the Law Offices of Craig W. Penrod, P.C.
A first-time driving under the influence (DUI) charge in Arizona is considered a misdemeanor charge in most cases. Potential penalties include a minimum jail sentence, fines, surcharges and assessments. Your driver’s license will be suspended and if the Arizona Motor Vehicle Division (MVD) grants you a restricted driving permit you will be required to show proof of future financial responsibility in the form of an SR22 insurance filing.The MVD may also require you to install an ignition interlock device (IID) on your vehicle prior to issuing a restricted driving permit or reinstating your license.
A DUI is considered to be a misdemeanor charge when the second DUI occurs within 84 months of the occurrence of the first offense. Also, your BAC has to be 0.15 percent or less. A second DUI offense also carries a minimum of 90 days in jail. There will also be fines and a one-year driver’s license revocation. MVD will require the installation of an IID on your vehicle by a certified installer prior to reinstating your driver’s license. And, MVD will require you to provide proof of financial responsibility in the form of an SR22 insurance filing before reinstating your license.
A first offense DUI charge is classified as extreme when a person’s blood alcohol concentration is 0.15 percent or greater. A first offense extreme charge carries a minimum jail sentence of 30 days in jail. There are minimum fines and the minimum license revocation period is one year. MVD will require the installation of an IID on your vehicle with the length of the IID requirement to be set by the court. MVD will also require you to provide them with proof of financial responsibility in the form of an SR22 insurance filing before reinstating your license.
A DUI in Arizona is considered to be an extreme second or subsequent offense charge when the second or subsequent DUI occurs within 84 months of the first offense and the BAC was measured at 0.15 percent or greater. An extreme second or subsequent offense carries a minimum jail sentence of 120 days. There are minimum fines and fees, as well as a minimum license revocation period of one year. MVD will require the installation of an IID on your vehicle with the length of the period to be set by the court. MVD will also require you to provide them with proof of financial responsibility in the form of an SR22 insurance filing before reinstating your license.
The reasons a person can be charged with an aggravated DUI are:
- Driving on a suspended, revoked or canceled license;
- Being arrested on a third DUI charge within the past 84 months;
- Committing a DUI with a person under the age of 15 in the vehicle;
- Committing a DUI or refusing a blood alcohol test while an ignition interlock device is currently installed on your vehicle.
An aggravated DUI offense carries a jail sentence that can range from 10 days up to 120 days. There are minimum fines and fees for an aggravated DUI charge. The minimum license revocation period is three years. MVD will require the installation of an IID on your vehicle prior to reinstating your driver’s license with the length of the period to be set by the court. MVD will also require you to provide them with proof of financial responsibility in the form of an SR22 insurance filing before reinstating your license. In aggravated DUI cases your vehicle may be forfeited and sold and the proceeds from the sale will be given to the state.
With all of the potential repercussions of an arrest and a conviction for DUI, it is vital that your legal situation should be handled by an expert professional with the experience possessed by the attorneys at the Law Offices of Craig W. Penrod, P.C.