First DUI Offense
Driving under the influence (DUI) in the state of Arizona is a serious criminal charge that could happen to almost anyone. The Arizona Legislature has established that it is unlawful for any person to drive a motor vehicle, operate a watercraft or fly any aircraft while under the influence of alcohol, drugs, inhalants or any combination if that person’s blood alcohol concentration (BAC) is 0.08 percent or greater within two hours of an incident.
First-time DUI suspects should submit a request to the Arizona Motor Vehicle Division (MVD) for a hearing challenging a suspension of their driver’s license within 15 days of their arrest. Failure to request a hearing will result in an automatic 90-day suspension of a driver’s license. A driver’s license suspension hearing is not something you should navigate without legal representation like an experienced Arizona DUI lawyer like the Law Offices of Craig W. Penrod, P.C.
First DUI offense
Under Arizona law, if you are found in control of a motor vehicle with a BAC of 0.08 percent or greater, you have the potential to be found guilty of DUI. You may also face a DUI charge if you are impaired and under the influence of any amount of alcohol or impairing drugs, including legal prescription drugs or over the counter medications.
DUI in Arizona is a Class 1 misdemeanor for a first offense. If you are accused of a first DUI offense in Arizona you will face these potential penalties:
- A minimum of 10 days up to a maximum of six months in jail.
- Nine days of your 10-day jail sentence may be suspended upon the completion of a drug/alcohol assessment and the possible attendance of an alcohol education class.
- A minimum of $250 in fines that could escalate up to $2,500 in total fines and fees.
- The possibility of community service hours.
- The possibility of probation for three years.
- A license suspension and the requirement of the installation of an ignition interlock device (IID) on your car.
Extreme DUI-First offense
An extreme DUI charge in Arizona is a Class 1 misdemeanor for a first offense and is defined as a DUI in which your BAC is 0.15 percent or higher. For a first-time extreme DUI offense in Arizona you will face the following penalties:
- Depending upon your BAC you could be sentenced to serve a mandatory minimum of 30 days in jail, if your blood alcohol level is between 0.15 and 0.199 percent or a sentence of 45 days in jail, if your BAC is above 0.20 percent.
- A minimum of $250 in fines that could escalate up to $2,500 in total fines and fees.
- The possibility of community service hours.
- Probation for three years. -A driver’s license suspension.
- A requirement to install an IID on motor vehicles you use for a period of one year.
If you do not consent to a breath test or a blood test after you have been arrested for a DUI a law enforcement officer may seek, based upon probable cause, a judicial search warrant ordering a blood test. The breath test, mentioned above, should not to be confused with the portable breath test used in the field by law enforcement officers prior to an arrest for DUI. In this situation, you could be looking at a one-year suspension of your driver’s license.
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.