Penalties

August 31, 2021

Consequences of an Arizona DUI Conviction

Driving under the influence of drugs or alcohol is a common crime in Arizona. However, there is an often-held misunderstanding about the serious consequences an Arizona DUI conviction can carry. Contrary to popular belief, these are not minor traffic offenses. DUI cases are taken very seriously by Arizona law enforcement, prosecutors and judges, and a conviction for a DUI offense can have lifelong consequences.

The seriousness of a DUI arrest depends on a few things. Most notably, whether you have a prior conviction for a DUI. Generally speaking, first-offense DUIs are less serious than subsequent offenses. For example, the punishment for a first-offense DUI is ten consecutive days in jail, a fine of at least $250, and mandatory community service. In addition, you will need to install an ignition interlock device on your vehicle before you can drive again. If you are convicted of a second DUI, then the punishment you face will increase significantly. For example, the jail time the comes along with a second offense increases to up to 90 days in jail. However, if you participate in drug or alcohol classes, you can have a portion of that sentence suspended.

In addition to the criminal penalties associated with a DUI conviction, you can also suffer a host of collateral consequences. Collateral consequences are the non-criminal aspects of a conviction that impact your life, often making it much more challenging to get a job, attend school, or obtain certain benefits. For example, if you are convicted of an Arizona DUI, employers can refuse to hire you, and you may not be eligible for certain professional licenses. Landlords may also ask you on a rental application if you have ever been convicted of a crime, which impacts their decision of who to rent to.

March 26, 2021

Can an Arizona DUI Conviction Affect a Child Custody Determination?

by James E. Novak, P.L.L.C.

When thinking about the possible consequences of an Arizona DUI conviction, the most commonly feared repercussions involve infringements on your freedom, such as jail time, probation, or the suspension of your driver’s licenses. However, Arizona DUI offenses carry a host of other collateral consequences that can also have a significant impact on your life. One common question facing those who are arrested for DUI offenses involves the impact a conviction could have on their ability to obtain or maintain custody of their children. While a conviction alone is not likely to result in someone losing custody of their children, it can play into the court’s decision.

For example, take a recent appellate decision issued by the Arizona Court of Appeals. In that case, a child was born three weeks prematurely. It was later determined that the baby’s mother tested positive for multiple drugs. However, the child’s father sough to maintain custody. At the hospital, the father was emotional and, evidently, security had to escort him out of the building. A week later, the father was arrested for reckless driving and, after a blood test revealed his blood-alcohol content was twice the legal limit, he was arrested for driving under the influence.

In this case, the court had to determine if the lower court’s determination that the child was a “dependent child,” meaning one “who has no parent or guardian willing to exercise or capable of exercising” the care and control a child needs. Among the factors the court considered was the fact that the father had been arrested for driving under the influence. While there were certainly other issues the child’s father had that caused the court concern, there is a reason the court included the father’s DUI arrest in its opinion.

July 28, 2020

Know the Potential Consequences of an Arizona DUI Conviction

by James E. Novak, P.L.L.C.

For those facing Arizona DUI charges, it is crucial to understand what they are up against before deciding how to proceed. An Arizona DUI conviction can carry severe penalties, including jail time. These penalties can increase significantly based on the existence of certain aggravating factors. The following article provides an overview of the potential short-term and long-term legal consequences of a DUI conviction.

First DUI Offense

As with every other state, it is unlawful for an individual under the influence of a controlled substance (i.e., alcohol or drugs) to operate a vehicle in Arizona. To determine whether someone suspected of a DUI is actually under the influence, law enforcement will test his or her blood alcohol concentration (BAC). Generally, if a driver’s BAC is measured at 0.08 or greater, they are considered to be guilty of driving under the influence. However, if the driver is under the age of 21, they may be found guilty of a DUI if there is any alcohol in their system.

If convicted, a first time DUI offender faces a penalty of at least ten days in jail, and a fine of no less than $1,250. In addition, the driver will have their driving privileges suspended for 90-days. To have driving privileges reinstated, the driver may have to undergo alcohol screening, education and treatment plans, and have their vehicle equipped with a certified ignition interlock device. On top of that, a person may also be required to perform community service. This may sound severe, but keep in mind that this is only for a first-time offense with no aggravating circumstances.

October 17, 2018

Arizona Has Some of the Harshest Penalties for Those Convicted of Driving Under the Influence, Even for First-Time Offenders

by James E. Novak, P.L.L.C.

Given the manner in which Arizona DUI laws are written and enforced, most people who are arrested and charged with an Arizona DUI offense have no idea that they were over the legal limit or were still under the influence of an intoxicating substance. Thus, the fact that Arizona has one of the strictest – if not the strictest –penalty schemes for driving under the influence creates a situation where a motorist may face severe consequences for violating a law they never knew they were breaking.

In Arizona, like most other states, it is illegal to drive with a blood-alcohol content (BAC) of .08 or above. However, Arizona law is unique in that it creates “presumptions” depending on a motorist’s BAC. For example:

a motorist whose BAC is less than .05 is presumed not to be intoxicated;
a motorist with a BAC over .08 is presumed to be intoxicated; and
there is no presumption of intoxication for motorists with BACs between .05 and .08.

July 25, 2018

Collateral Consequences of an Arizona DUI Conviction

by James E. Novak, P.L.L.C.

Being arrested and charged with an Arizona DUI offense is a stressful, frustrating, and frightening experience. Indeed, depending on the charge, someone may be facing fines, license suspension, and time in jail. It may be tempting for some to try to get the case over with as soon as possible. However, before someone accepts the first offer that comes across the table from the prosecution, it is important that someone facing an Arizona DUI case considers the potential collateral consequences of having a conviction on their record.

For those who already have been convicted of a crime, they are likely already aware of the collateral consequences of a criminal conviction. For those without experience in the criminal justice system, the collateral consequences of a conviction can be far worse than those prescribed by law.

What Are Collateral Consequences?

Collateral consequences are the additional penalties that stem from a criminal conviction other than probation, fines, or time spent in jail or prison. Some draw a line between the state-mandated collateral consequences and the social consequences. However, both are equally as real and carry the same potential to change a person’s life.

April 1, 2018

Marijuana DUI: Financial Penalties in Arizona

by James E. Novak, P.L.L.C.

In the state of Arizona, it is illegal to use or possess marijuana, sell or distribute marijuana, produce marijuana, and transport marijuana. It’s also illegal to drive while under the influence of marijuana. The state has stiff penalties against people who violate marijuana DUI laws, which is why having a Phoenix, AZ defense attorney is crucial.

We’d like to consider some of the financial penalties associated with marijuana DUI charges so you understand the difficulties ahead. It will reinforce the importance of having a skilled lawyer by your side to help reduce or drop the charges against you.

Arizona Laws on Driving Under the Influence of Marijuana

March 1, 2018

Traveling to Canada After DUI: Issues to Consider

by James E. Novak, P.L.L.C.

After a DUI conviction, you’re bound to face a number of challenges. Yes, there are fines, jail or prison time, probation, and other penalties levied against you. Yet there are many other consequences and restrictions you may not be aware of. That’s why having a skilled Phoenix, AZ DUI defense attorney is crucial.

With this in mind, we want to consider some of the challenges a person may face when crossing the border to Canada if he or she has a drunk driving conviction on their record. It’s not as simple as having a valid passport. As you’re about to read, these issues can be much more complicated than you expect.

Can You Be Denied Entry to Canada Due to Drunk Driving?

September 15, 2016

The Impact of Prior DUI Convictions on Current Drunk Driving Charges

by James E. Novak, P.L.L.C.

Here at The Law Office of James Novak, we help numerous people in the greater Phoenix area who have been charged with drunk driving. Our DUI defense strategies will note all aspects of your arrest, always striving to ensure fairness and that your Constitutional protections are not violated.

A number of people who come to the firm for legal help are facing their second or third DUI charge. Repeat drunk driving convictions can be very serious. We'd like to look at why right now.

Defining Multiple Convictions in DUI Cases

January 15, 2015

DUI Arrest Costs: Fines and Penalties Following Drunk Driving Arrests

by James E. Novak, P.L.L.C.

DUI in any state is a dangerous offense to both you and the motor vehicles around you. Following an arrest, it's important that you seek out a skilled DUI defense attorney and legal defense team. We at The Law Office of James Novak have helped countless people around the Phoenix area with their cases, reducing penalties and ensuring that they receive a fair trial.

Many clients who come to us have questions about the cost of a DUI offense. We'd like to look at some of the fines and monetary penalties that are attached to a drunk driving arrest.

The Fines for DUI Arrests in the State of Arizona

February 21, 2014

Fines for DUI Arrests

by James E. Novak, P.L.L.C.

Drunk driving penalties need to be taken very seriously. Jail time, license suspension, fines, and other setbacks will have a marked affect on your life and even your livelihood. It's important that you speak with skilled DUI attorneys following a drunk driving arrest. By doing this, you can fight to have penalties reduced and possibly even have your case reconsidered if the arresting officer violated your rights.

At this time, we would like to look at various fines that are associated with drunk driving arrests and what those will mean for you.

Are fines common with drunk driving arrests?