DUI Classifications and Penalties in Arizona

The term “DUI” on a stop sign
DUI defense attorney James Novak understands
that no one ever expects to be charged with a DUI offense, let alone to have their basic freedoms put at risk. This is why he fights for the rights of those wrongly accused of driving under the influence throughout Arizona, debatably the state most notorious for its harsh DUI laws and overaggressive attempts to enforce those laws. He has helped countless people like you avoid the heavy penalties associated with felony DUI charges, as well as those imposed by misdemeanor DUI charges.

When searching for a DUI defense lawyer, it is important that you select someone who understands the full range of DUI classification and penalties that affect Phoenix, AZ and other state drivers. James Novak knows these laws intimately and can use this knowledge to your benefit. He will devote all of his skills and resources to helping you achieve the best results possible in your case, whether that means having your charges reduced or, as he has done for many clients through the years, dropped altogether. While there is no guarantee that either outcome will occur in your case, you can rest assured that Mr. Novak will do whatever he can to fight for your freedom.

We invite you to read the following article to learn more about the various DUI classifications and penalties and then contact The Law Office of James Novak for an evaluation of your case.

Types of DUI Charges

In Arizona, DUI charges are generally divided into the following categories:

  • DUI/DWI
  • Extreme DUI
  • Super Extreme DUI
  • Aggravated DUI (i.e., Felony DUI)

DUI/DWI

To be charged with a DUI, the driver does not have to have a minimum blood alcohol concentration (BAC) level. To be charged with a DWI, the driver must have a BAC of .08 to .149 or, if he or she has a commercial driver’s license, a BAC of .04 or higher. The penalty associated with a DUI/DWI depends upon whether it is the first or second offense.

For a first offense, the minimum penalties include:

  • 10 days in jail (although the court may drop this to a single day with certain conditions to be met, including the completion of an alcohol treatment program)
  • Fines and costs of at least $1,500
  • Complete restriction of driver’s license for 30 days
  • Ignition interlock device required for 12 months after the reinstatement of driver’s license
  • Up to five years of probation
  • Eight points on driving record

For a second offense within 84 months, the minimum penalties include:

  • 90 days in jail (although the court may drop this to 60 days with certain conditions to be met)
  • Fines and costs of at least $3,000
  • Revocation of driver’s license for one year
  • Ignition interlock device required for 12 months after the reinstatement of driver’s license
  • Up to five years of probation
  • 30 hours of community service

Extreme DUI

To be charged with an Extreme DUI, a driver must have a BAC of between .15 and .19.

For a first offense, the minimum penalties include:

  • 30 days in jail
  • Fines and costs of at least $2,700
  • Suspension of driver’s license for 90 days
  • Ignition interlock device required for 12 to 18 months after the reinstatement of driver’s license
  • Up to five years of probation

For those charged with Extreme DUI within 84 months of any other DUI charge, minimum penalties include:

  • 120 days in jail
  • Fines and costs of at least $3,600
  • Revocation of driver’s license for one year
  • Ignition interlock device required for 12 to 18 months after the reinstatement of driver’s license
  • Alcohol monitoring for at least 90 days
  • Up to five years of probation
  • At least 30 hours of community service

Super Extreme DUI

To be charged with a Super Extreme DUI, a driver must have a BAC of .20 or higher.

For a first offense, the minimum penalties include:

  • 45 days in jail
  • Drug and alcohol evaluation
  • Completion of treatment program
  • Fines and costs of at least $3,200
  • Suspension of driver’s license for 90 days
  • Ignition interlock device required for 18 months after the reinstatement of driver’s license
  • Up to five years of probation

For those charged with Super Extreme DUI within 84 months of any other DUI charge, minimum penalties include:

  • 180 days in jail
  • Fines and costs of at least $4,600
  • Revocation of driver’s license for one year
  • Ignition interlock device required for 24 months after the reinstatement of driver’s license
  • Up to five years of probation
  • At least 30 hours of community service

Aggravated DUI

Aggravated DUI is the name given to felony DUIs in the state of Arizona. The driver can be charged with either a Class 4 or Class 6 felony depending on the severity of his or her crime.

A driver can be charged with a Class 4 felony if it is his or her third DUI conviction within seven years, or if the DUI occurs during a period when he or she is disallowed by law to operate a vehicle. Those charged with a Class 4 Aggravated DUI face the following minimum penalties, in addition to possibly others:

  • At least four months in prison
  • Fines and costs of at least $5,500
  • Revocation of driver’s license for three years
  • Probation of up to 10 years
  • Drug and alcohol evaluation
  • Completion of treatment program

A driver can be charged with a Class 6 felony if he or she commits any type of DUI while transporting a child under the age of 15. Minimum penalties include:

  • At least 10 months in prison for a BAC of between .08 and .149; at least 30 months in prison for a BAC of .149 and .199; at least 45 months in prison for a BAC of .20 or higher
  • Revocation of driver’s license for three years
  • Fines and costs of at least $4,500
  • Probation of up to 10 years
  • Drug and alcohol evaluation
  • Completion of treatment program

Arrange for Your Case Evaluation Today

To arrange for an evaluation of your DUI case, please contact The Law Office of James Novak today.

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