In Arizona, a first time DUI is a Class 1 Misdemeanor pursuant to A.R.S. §28-1381(A)(1) and/or A.R.S. §28-1381(A)(2).  The penalties associated with a DUI conviction are very serious. However, with an aggressive DUI defense and thorough investigation, we are often able to negotiate a better solution for your case rather than just going into court and pleading guilty.

A first-time DUI conviction carries with it a mandatory jail term of ten days.  Most times nine of those days are suspended as long as you participate in a court-ordered DUI evaluation and counseling.  Failure to participate makes you subject to the full ten days in jail, with a maximum term of six months in jail.  There are also significant fines ranging from  $250.00 to $2,500.00. However, there are often surcharges in addition to the fines, resulting in the minimum DUI costs and fines adding up to several thousand dollars.  The court may also order that you be placed on probation for up to five years.  

All DUI convictions also carry the requirement that you place an Ignition Interlock Device on any car you drive for a period of time once your license is reinstated.  This is a device that you must blow into in order to start the vehicle, and then blow into it again periodically while you are driving.  The device registers your BAC and enters data into a computer system which is then given to the court.  

If you are convicted of a DUI in Arizona, your driver’s license or driving privileges will also be suspended or even revoked.  If you submit to a blood or breath test, and the results show an alcohol concentration higher than 0.08, Arizona Motor Vehicle Department will suspend your license for ninety days. You will not be allowed to drive at all for the first thirty days of your suspension, and if you are eligible you will receive a restricted permit for the remaining sixty days.  You will receive the restricted permit as long as there was no injury as a result of your DUI charge, and as long as you have not had a prior DUI license suspension within the last five years. You will not receive your restricted license until you have obtained your DUI assessment.

Since this area of DUI defense is civil, as opposed to criminal, court-appointed DUI attorneys generally cannot assist you with this.  We will handle all this for you and ensure that your rights with respect to Arizona MVD are protected.

If you refused to take a breath or blood  test, MVD will suspend your license for one year and you will not be eligible for a restricted permit.  Likewise, if you are convicted of an Arizona DUI under A.R.S. §28-1381(A)(3), which is a DUI for being under the influence of drugs instead of alcohol, you will lose your license for one year.  The penalties are even more stringent if you have a CDL, or commercial driver’s license.

An aggressive, competent Arizona DUI attorney can help minimize the significant impact a DUI can have in your life.