Driving Under the Influence (DUI)
Driving While Intoxicated (DWI)

A DUI arrest in Phoenix, AZ is often a frightening event for most people as many people facing DUIs have never had charges brought against them previously. A DUI charge can wreak havoc on your life and knowing what to do when charges are filed is important.

Description

In Arizona, anyone with breath alcohol content over .08 or under the influence and impaired by a chemical substance can be cited. A breath test (breathalyzer test) provides an approximate level and is not as efficient as a blood test in determining BAC. A urine test is often used as a last resort when the other two forms are not effective. Chemical substances include marijuana, prescription medication or cocaine.

What is implied consent?

When you receive your driver's license, you are consenting to providing blood, breath or urine tests should an officer suspect a DUI. If you refuse to take a BAC test and later are not found guilty of DUI, you can still have your license suspended for one year because you now refused to give consent.

If you refuse to take a breath test, an officer can receive a warrant by telephone and administer one against your will.

Charges by cities surrounding Phoenix include:

DUI - .08% to .14%

Extreme DUI
- blood alcohol content (BAC) exceeds 0.15%
- 1st offense 30

Super extreme DUI

Underage DUI - anyone under the age of 21

Felony DUI - multiple DUI convictions or if your DUI injures another person, an aggrevated DUI charge may be filed which is a felony.

OUI

DWI

Possible consequences Arizona cities can be the toughest in the country regarding DUI convictions. Mandatory jail time is a common result unless an alternative sentence is negotiated.

FIRST OFFENSE DUI

BAC of 0.08% - 0.14%

Possible Consequences
10 consecutive to 180 Days in Jail
Ignition Interlock Device mandatory for 1 year
$250 + s/c to $2,500 fine/assessment fees
$500 Prison Construction
$500 DPS
Jail Costs
Screening & Counseling
Driver's license suspended for 90 days

FIRST OFFENSE EXTREME DUI

BAC 0.15% - 0.19%

Possible Consequences
30 consecutive to 180 Days in Jail
Ignition Interlock Device Mandatory 1 year
$250 + s/c to $2,500 fine/assessment fees
$250 DUI Abatement
$1,000 Prison Construction
$1,000 DPS
Jail Costs
Screening & Counseling
Driver's license suspended for 90 days to 1 year

FIRST OFFENSE SUPER EXTREME DUI

BAC 0.20% & Up

Possible Consequences
45 consecutive to 180 Days in Jail
Ignition Interlock Device Mandatory 18 months
Vehicle Impounded for 30 days
$250 + s/c to $2,500 fine/assessment fees
$250 DUI Abatement
$1,000 Prison Construction
$1,000 DPS
Jail Costs
Screening & Counseling
Driver's license suspended for 90 days to 1 year

SECOND OFFENSE DUI

BAC 0.08% - 0.14%

Possible Consequences
90 of which 30 is consecutive to 180 Days in Jail
Ignition Interlock Device Mandatory 1 year
$250/500 + s/c to $2,500 fine/assessment fees
$1,250 Prison Construction
$1,250 DPS
$250 DUI Abatement
Jail Costs
Screening & Counseling
Driver's License revoked for 1 year

SECOND OFFENSE EXTREME DUI

BAC 0.15% - 0.19%

Possible Consequences
120 of which 60 is consecutive to 180 Days in Jail
Ignition Interlock Device Mandatory 1 year
$500 + s/c to $2,500 fine/assessment fees
$1,250 Prison Construction $1,250 DPS
$250 DUI Abatement
Jail Costs
Screening & Counseling
Driver's License revoked for 1 year

SECOND OFFENSE SUPER EXTREME DUI

BAC 0.20% & Up

180 of which 60 is consecutive to 180 Days in Jail
BAC over .20 IID 2 years
Vehicle Impounded for 30 days
Possible Consequences
$500 + s/c to $2,500 fine/assessment fees
$1,250 Prison Construction $1,250 DPS
$250 DUI Abatement
Jail Costs
Screening & Counseling
Driver's License revoked for 1 year

THIRD OFFENSE

Possible Consequences
1 year to 3.75 years in Prison
Minimum 4 Months in Prison
3rd DUI within 7 years
Probation up to 10 years
Mandatory Ignition Interlock Device
Possible vehicle forfeiture
$250 to $150,000 fine plus surcharges
Jail Assessment
Driver's License revoked for 3 years

What To Do

What an attorney can do

The attorneys at Leavell and Rivera will assist with the administrative portion dealing with your driver's license along with defending you in a criminal court for your DUI charge. We help you understand the process and will ensure you get the best outcome possible.

Assault and Battery

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Driving while License
Suspended (DWLS)

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DUI / DWI

Felony | Misdemeanor

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