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DUI Offenses

DUI Offenses
Arizona DUI Attorney

ARizona DUI Attorney

When it comes to defending against charges related to DUI offenses in Arizona, DwaneCates.Com, PLLC stands as a beacon of experience and legal expertise. Our firm has a strong history of successfully representing clients in cases involving various DUI offenses. If you or a loved one is facing charges related to DUI offenses, it’s essential to have a dedicated Arizona Criminal Defense Attorney with the right experience by your side.

If you or a loved one is charged with a DUI in Arizona, remember that you don’t have to face the legal process alone. Contact Dwane Cates, PLLC today for a consultation. Our firm is committed to providing top-notch legal representation, protecting your rights, and striving for the best possible outcome in your case. Trust us to be your advocates during this challenging time.

Misdemeanor DUI

A first-time misdemeanor DUI in Arizona usually means driving with a blood alcohol level of 0.08% or higher, but it’s not just about the numbers. You can also get a DUI if you’re driving under the influence of any substance and seem even a bit impaired. If a police officer thinks you’re “impaired to the slightest degree,” they can arrest you for DUI.

Now, if you’re convicted of this standard misdemeanor DUI for the first time, here’s what you can expect:

  1. Possible Jail Time: You could spend up to 10 days in jail.
  2. Community Service: You’ll likely need to do community service.
  3. Fines: You might have to pay fines that can go as high as $2,500.
  4. Driving Course: You’ll have to take a mandatory driving course.
  5. Ignition Interlock Device: You’ll also need to use a special device in your car called a Certified Ignition Interlock Device (CIID) for at least a year. This device checks your blood alcohol level before letting you start your car.

That’s not all; there are administrative penalties too, like losing your driver’s license for up to 90 days. But here’s a tip: sometimes, if you agree to regular drug and alcohol screenings, you can reduce the license suspension to just 30 days. But you’ve got to act fast because your lawyer only has a short time to make this happen. So, if you find yourself in this situation, it’s crucial to act quickly and get legal help.

If you’re arrested for a DUI/DWI in Arizona within 7 years of a previous DUI/DWI conviction, you’ll be facing a second offense DUI in the state. Here’s what you need to know:

What Leads to a Second DUI in Arizona? To be charged with a second DUI, two things must be true:

  1. You were arrested for any type of DUI, whether it’s related to alcohol or drugs.
  2. You have a prior DUI conviction on your record within the last seven years, counting from the dates of your arrests in both cases.

Now, if you do have a prior DUI conviction within seven years, it counts as your second offense, regardless of whether it was the same type or severity of DUI. If the previous DUI conviction is beyond the seven-year mark, it’s considered a first-time offense, but it can still be used to potentially increase your jail time.

Important Note: The law says that any time spent in custody for any reason doesn’t count towards the seven-year calculation. So, it’s not enough to just look at the dates of arrest.

Arizona takes DUI offenses very seriously, especially second-time offenses. They come with stricter penalties and heavier fines.

Possible Penalties for a Second DUI: A second offense Regular Misdemeanor DUI in Arizona carries various penalties, such as:

  • At least 30 days in jail, although you might find ways to reduce that.
  • License revocation for a year, but you might get an Interlock Restricted License after 90 days without driving.
  • A maximum jail term of 6 months.
  • Minimum fines and fees totaling around $3,500.
  • Mandatory alcohol or substance abuse screening and counseling.
  • Having to use an Ignition Interlock Device (IID) for at least a year AFTER your license is reinstated, and this device costs about $100 per month.
  • Probation that can last up to 5 years.
  • Completing 30 hours of community service.
  • Attending Traffic Survival School.

On top of these penalties, you’ll need SR22 Car Insurance for at least 3 years, which is an extra expense on your regular car insurance. And your insurance premiums will likely go up as well.

In Arizona, getting charged with an “Extreme DUI” means you were caught driving with a very high blood alcohol concentration (BAC) of .15% or more. It’s not as severe as a “Super Extreme DUI” or an “Aggravated DUI,” but it’s still pretty serious. Here’s what you need to know:

What’s an Extreme DUI? If your BAC measures .15% or higher within two hours of driving, you could be facing an Extreme DUI charge. It doesn’t matter if it’s your first DUI; the penalties are still tough.

Penalties for Extreme DUI: Here’s what you could be up against:

  1. Mandatory Minimum Jail Time: You’ll have to spend at least 30 days in jail.
  2. Costly Fines: Be prepared to pay over $2500 in fines and jail expenses. It could even go up to $10,000.
  3. Alcohol Classes: You’ll have to attend mandatory alcohol classes and undergo screening.
  4. Ignition Interlock Device: You’ll need to install an Ignition Interlock Device on your car for a year, which costs around $1500.
  5. Community Service: Expect to complete community service.
  6. Driver’s License Suspension: Your driver’s license will be suspended for 90 days.

Now, there’s a chance you might be eligible for a 21-day suspension of your jail sentence. But here’s the catch: it’s not guaranteed. The court decides whether you get this option. If you do, you’ll still need to serve 9 days in jail.

So, an Extreme DUI in Arizona is a big deal with hefty consequences. It’s always a good idea to avoid drinking and driving to steer clear of these serious penalties.

If you’ve had a DUI in the last 7 years, no matter the type, and your current DUI shows a blood alcohol concentration (BAC) between 0.15 and 0.20, you’re looking at a Second-Offense Extreme DUI in Arizona. Let’s dig into what this means and what you can expect:

Second-Offense Extreme DUI: What’s the Deal? It doesn’t matter if your previous DUI was a regular one; if your BAC is in that 0.15 to 0.20 range for your second DUI, you’re in Second Extreme DUI territory. Brace yourself because the penalties are tough.

Penalties for a Second-Offense Extreme DUI: Here’s what you could be up against:

  1. Mandatory Jail Time: You’ll have to spend at least 120 days in jail, and no days can be suspended or reduced.
  2. Costly Fines: Get ready to shell out over $3,500 for fines and jail expenses.
  3. Alcohol Classes: Mandatory alcohol classes and screening are on the table.
  4. Ignition Interlock Device: You’ll need to install an Ignition Interlock Device on your car for a whopping 18 months.
  5. Community Service: Expect to complete 30 hours of community service.
  6. License Revocation: Your driver’s license will be revoked for a year.

So, a Second-Offense Extreme DUI in Arizona is a serious matter with significant consequences. It’s a good idea to avoid drinking and driving altogether to steer clear of these hefty penalties. If you do get charged with a second-offense extreme DUI, our team is ready to handle your DUI case with fervor and expertise.

Felony DUI

A DUI in Arizona can become a felony in specific situations. Here are the five circumstances where this can happen:

  1. Driving on a Suspended License with a DUI: If you drive under the influence while your license is already suspended for any reason, it’s considered a felony.

  2. Third DUI in 7 Years: If you get your third DUI within seven years of two prior DUIs, it can be charged as a felony.

  3. Child Under 15 in the Car: Having a child under 15 in the car during a DUI results in a class 6 felony.

  4. Ignoring Ignition Interlock Device Order: If you were ordered to have an ignition interlock device due to a previous alcohol-related DUI and you’re caught without it, it’s a felony.

  5. Driving the Wrong Way on a Highway: This applies to any public road, not just highways, and refers to driving against the legal flow of traffic.

For each of these scenarios, it’s vital to understand the definitions and the potential consequences. While you may be charged with a felony DUI, working with an experienced DUI lawyer can help you navigate your defense, potentially reducing charges or getting them dismissed. If you’ve been arrested or suspect you may be charged with an aggravated DUI, consulting an attorney before charges are filed can be a smart move to avoid criminal charges.

Underage DUI

When it comes to young drivers, those under the legal drinking age of 21, the rules are especially strict in Arizona. You may have heard of the “not a drop” law, which means that if you’re under 21 and behind the wheel, there’s no allowance for any amount of alcohol in your system. Let’s delve into this a bit more.

If you’re under 21 and caught driving with a blood alcohol concentration (BAC) level above 0.00%, you’re in trouble. Even the smallest trace of alcohol can lead to misdemeanor DUI charges. Yes, you read that right – the legal limit for young drivers is essentially zero.

Now, for most young drivers, a first offense for underage DUI in Arizona is typically treated as a misdemeanor. This comes with its own set of penalties, which can include fines, mandatory alcohol education classes, and possible license suspension. It’s not a light matter, and it can have repercussions on your record.

But here’s where it gets even more serious: if certain conditions are met, that first-time offense can escalate into a felony, specifically an aggravated DUI. This means the consequences become far more severe. Aggravated DUI charges can result in substantial fines, extended license suspensions, and even mandatory jail time.

So, it’s crucial for young drivers to be aware of the zero-tolerance policy in Arizona and the potential for these harsh penalties. Remember, the safest choice is always to abstain from drinking if you’re not of legal age, and never get behind the wheel after consuming alcohol. It’s not just about avoiding penalties – it’s about keeping yourself and others safe on the road.

DUI Without Driving

In Arizona, getting slapped with a DUI charge doesn’t necessarily mean you were out on the road, weaving through traffic. The state’s DUI laws take a broader view, focusing on the concept of “actual physical control” of a vehicle. This means that actions beyond traditional driving can land you in hot water with the law.

Let’s explore some everyday scenarios that might surprise you when it comes to DUI charges:

  1. Key in the Ignition: You might think you’re just sitting in your parked car, keys in the ignition to listen to the radio. Surprisingly, this could be enough to get you into DUI trouble.

  2. Engine Running: You’re sitting in your vehicle, engine purring – maybe it’s a chilly night, and you want to enjoy the car’s heater or air conditioning. Well, in the eyes of Arizona law, you’re in control of that vehicle.

  3. Window Duty: Need some fresh air? If you’re opening or closing car windows while inside, you’re falling within the reach of DUI laws.

  4. Light It Up: Turning on the headlights or fiddling with the interior lights – these seemingly harmless acts can raise eyebrows under Arizona’s DUI regulations.

  5. In the Driver’s Seat: Perhaps you’re just hanging out in the driver’s seat, casually holding your car keys. Believe it or not, you could find yourself facing DUI charges.

Arizona’s DUI laws are designed to give law enforcement a broad scope when it comes to making arrests. Even if you had no intention of driving, the law takes a stringent stance on these scenarios. So, it’s essential to be aware of these regulations to avoid unexpected run-ins with the law. Remember, when it comes to alcohol and vehicles, it’s best to err on the side of caution and avoid any situation that might land you in trouble. Your safety and staying on the right side of the law should always be the priority.