Slightest Degree DUI in Arizona

We understand that facing a DUI charge can be a stressful and overwhelming experience, which is why our dedicated team is here to provide you with experienced legal representation and guidance throughout the process. Let’s take a closer look at misdemeanor DUI, the relevant statutes, potential consequences, defenses, and how Tamou Law can assist you.

A misdemeanor DUI (Driving Under the Influence) refers to the act of operating a motor vehicle while under the influence of alcohol or drugs. In most jurisdictions, a misdemeanor DUI is charged when the blood alcohol concentration (BAC) exceeds the legal limit, which is typically 0.08%. However, it’s important to note that the specifics may vary depending on the jurisdiction.

Misdemeanor DUI - Statutes and Interpretations

Misdemeanor DUI statutes ((A.R.S.) §28-1381) typically consist of several sections that outline the elements of the offense and provide guidance on legal procedures. Here is a simplified breakdown of the main sections:

  1. Prohibited Conduct: This section defines the specific actions that are prohibited, such as driving or being in control of a motor vehicle while under the influence of alcohol or drugs.
  2. Blood Alcohol Concentration (BAC) Limits: The statute establishes the legal BAC limit, typically 0.08%, beyond which a person is presumed to be impaired.
  3. Field Sobriety Tests: The statute attempts to clarify the procedures and standards for administering field sobriety tests, which are conducted by law enforcement officers to assess a driver’s impairment.
  4. Implied Consent: This section highlights the implied consent laws, which state that by operating a motor vehicle, individuals are deemed to have given their consent to chemical testing (e.g., breathalyzer or blood test) to determine their BAC.
  5. Penalties and Sentencing: The statute details the potential consequences and sentencing guidelines for a misdemeanor DUI conviction, including fines, license suspension, mandatory alcohol education programs, probation, and even imprisonment.

Potential Consequences of Misdemeanor DUI

A conviction for misdemeanor DUI can result in various consequences, which may include:

  1. Fines: DUI convictions often carry significant monetary fines, which can vary depending on the jurisdiction and any aggravating factors present.
  2. License Suspension: The offender’s driver’s license may be suspended or revoked for a specified period, typically ranging from several months to a year.
  3. Mandatory Alcohol Education Programs: Courts may require individuals convicted of DUI to complete alcohol education or rehabilitation programs to address the underlying issues related to substance abuse.
  4. Probation: In some cases, probation may be imposed, requiring the offender to meet certain conditions, such as regular check-ins, avoiding further criminal offenses, and attending mandatory counseling or treatment.
  5. Possible Incarceration: Depending on the circumstances and prior convictions, a misdemeanor DUI conviction may result in a jail sentence, typically ranging from a few days to several months.

Sentencing Guidelines for Misdemeanor DUI

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The severity of DUI penalties in Arizona depends on the nature of the offense and any prior DUI convictions. The following are the general sentencing guidelines:

In Arizona, misdemeanor DUI offenses are classified as either “standard” DUI or “extreme” DUI, depending on the blood alcohol concentration (BAC) level. The following are the sentencing guidelines for both types:

  1. Standard DUI:
    • BAC between 0.08% and 0.149%: For a first offense, the possible penalties include a minimum jail term of 24 hours up to 10 days, fines and fees totaling approximately $1,500, mandatory alcohol education or treatment programs, and a 90-day license suspension.
    • BAC between 0.08% and 0.149% (with prior DUI): If there is a prior DUI conviction within the past seven years, the penalties increase to a minimum jail term of 30 days up to 90 days, fines and fees totaling approximately $3,000, alcohol education or treatment programs, and a one-year license suspension.
  2. Extreme DUI:
    • BAC of 0.15% or higher: For a first offense, the possible penalties include a minimum jail term of 30 days up to 6 months, fines and fees totaling approximately $2,780, mandatory alcohol education or treatment programs, and a 90-day license suspension.
    • BAC of 0.15% or higher (with prior DUI): If there is a prior DUI conviction within the past seven years, the penalties increase to a minimum jail term of 120 days up to 6 months, fines and fees totaling approximately $3,240, alcohol education or treatment programs, and a one-year license suspension.

Defending Against Misdemeanor DUI Charges

  1. Case Evaluation: We will conduct a thorough review of your case, analyzing the details, evidence, and any potential flaws or constitutional violations.
  2. Legal Guidance: We will provide you with comprehensive legal guidance, explaining the charges, potential consequences, and available defense options. We will also help you understand the applicable statutes and sentencing guidelines.
  3. Defense Strategy: Based on the specifics of your case, we will develop a tailored defense strategy aimed at achieving the best possible outcome. This may involve challenging the evidence, questioning the legality of the stop or arrest, or negotiating with the prosecution.
  4. Court Representation: Our skilled attorneys will represent you in court, advocating on your behalf and presenting a strong defense. We will handle all legal procedures, including filing motions, cross-examining witnesses, and presenting compelling arguments.
  5. Negotiations and Plea Bargaining: If appropriate, we will explore opportunities for negotiations and plea bargaining to potentially reduce charges or penalties.
  6. Alternative Sentencing Options: In certain cases, we may work towards securing alternative sentencing options, such as enrollment in a treatment program or community service, to minimize the impact on your life.

How We Do It

  1. Conducting a comprehensive review and analysis of your case’s facts
  2. Contesting the evidence presented by the prosecution
  3. Identifying weaknesses in the State’s case
  4. Negotiating with the State for reduced charges or alternative sentencing options

Contact Us Today

At Tamou Law Group PLLC, we understand the stress and uncertainty that comes with facing DUI and traffic offense charges. Our experienced attorneys will guide you through the legal process and vigorously defend your rights. If you or a loved one has been charged with a Misdemeannor DUI or traffic offense in Arizona, contact us today at 623-321-4699 for a free consultation.