What Happens with a First Time DUI in Arizona?
A first time DUI in Arizona can lead to: 10 Days Jail (9 Days May Be Suspended), $1,500+ in Fines, Ignition Interlock of 12 Months, License Suspension of 90 Days, and Alcohol Education Classes. If the BAC is more than .149, the penalties are increased from there.
A first time DUI in Arizona occurs when a person operates a vehicle while impaired by alcohol or drugs for the first time without prior DUI convictions within the past seven years. This includes:
- A BAC of 0.08% or more for regular drivers.
- A BAC of 0.04% or more for commercial drivers.
- Any amount of alcohol or drugs for drivers under 21.
Arizona Revised Statutes (A.R.S.) § 28-1381 governs these offenses, outlining specific criteria and penalties.
What Are the Penalties for a First Time DUI in Arizona?
Arizona imposes strict consequences for a first DUI offense, with penalties depending on the severity of impairment.
First Time Standard DUI in Arizona (BAC 0.08% to 0.149%)
- Jail Time: A minimum of 10 days, with 9 days potentially suspended after completing court-ordered alcohol screening and treatment.
- Fines and Fees: Approx. $1,500 or more.
- License Suspension: 90 days, during which driving is prohibited.
- Ignition Interlock Device (IID): Required for 12 months post-license suspension.
First Time Extreme DUI in Arizona (BAC 0.15% to 0.199%)
- Jail Time: Minimum of 30 days, with potential reductions for completing alcohol treatment programs.
- Fines and Fees: Approx. $2,500 or more.
- IID: Installation required for 12 months.
- License Suspension: 90 days.
First Time Super Extreme DUI in Arizona (BAC 0.20% or higher)
- Jail Time: Minimum of 45 days, without the possibility of suspension.
- Fines and Fees: Approx. $3,000 or more.
- IID: Required for 12 months.
- License Suspension: 90 days.
Hiring a First Time DUI Lawyer has its advantages. Given that Arizona requires jail time for First Time DUI Offenses, it is advisable to seek the knowledge from a skilled DUI lawyer who has knowledge of the local laws and courts. Whether you are facing a first time DUI in Phoenix, Scottsdale, Tucson or elsewhere, Tamou Law Group DUI Lawyers are ready to handle your case. We have extensive knowledge of the municipal courts near you.
What Should You Expect During the Legal Process for a First Time DUI in Arizona?
The process for handling a DUI charge involves several steps:
- Arrest and Booking: After a traffic stop, if officers determine impairment, the driver will be arrested and booked.
- Arraignment: A court hearing where the accused enters a plea of guilty, not guilty, or no contest.
- Court Proceedings: The case may involve pre-trial motions and possibly a trial if the defendant contests the charges.
- Sentencing: If convicted, penalties are imposed as outlined by law.
What Defenses Can Be Used for a First Time DUI in Arizona?
While every case is unique, common defenses for DUI charges include:
- Improper Traffic Stop: Challenging whether the officer had reasonable suspicion to initiate the stop.
- Faulty BAC Testing: Disputing the accuracy or validity of breathalyzer or blood tests.
- Medical Conditions: Demonstrating that a medical condition mimicked impairment symptoms.
- Procedural Errors: Highlighting mistakes made by law enforcement during the arrest process.
How Can a First Time DUI Impact Your Life in Arizona?
Even for first time offenders, the impact of a DUI conviction can be far-reaching:
- Employment: Some employers may view a DUI as a red flag especially if the job requires a fingerprint clearance.
- Financial Burden: Fines, court fees, and the cost of an IID can add up to thousands of dollars.
- Insurance Rates: A DUI conviction may cause significant increases in car insurance premiums.
- Driving Privileges: The mandatory suspension period can disrupt daily life.
Can You Avoid Jail Time for a First Time DUI in Arizona?
Arizona law requires mandatory jail time for DUI convictions. However, for standard DUIs, 9 of the 10 days may be suspended if the defendant completes alcohol screening and any recommended treatment programs. This makes compliance with court orders crucial to reducing penalties. Outside of a conviction, if you are able to challenge the DUI and reduce the charge, you may be able to reduce the jail time or have the case dismissed. Fighting the Constitutionality of a first time in Arizona may just get you there. Our first time DUI lawyer are ready to handle any constitutional arguments resulting from your arrest.
What Steps Should You Take After a First Time DUI in Arizona Arrest?
If you’ve been arrested for a first time DUI in Arizona:
- Seek Legal Representation: An experienced DUI attorney can evaluate the facts of your case and explore potential defenses.
- Complete Alcohol Screening: Early participation in a screening program can demonstrate responsibility and compliance to the court.
- Document the Incident: Write down everything you remember about the arrest and events leading up to it.
- Follow Court Orders: Adhering to court requirements can mitigate penalties.
Conclusion
Facing a first time DUI in Arizona is serious, but understanding the process and penalties can help you navigate the situation. Arizona’s strict laws emphasize accountability, but with proper legal guidance and proactive steps, it’s possible to minimize the long-term impact of a DUI charge. Always consult a qualified first time dui attorney in Arizona to address the specifics of your case.
