DUI Penalties

It can be terrifying to be pulled over and then charged with a DUI. You may be worried about your reputation and whether you’ll go to jail. If you are worried about DUI penalties, you are not alone. Give experienced Tempe DUI defense attorney James E. Novak a call. As a former prosecutor, Mr. Novak understands the severity of DUI charges and what penalties you may be facing based on the circumstances that surround your DUI charge. He builds a strong defense for each client.

First and second offense DUIs in Tempe are typically categorized as misdemeanors unless there are certain other factors present, but the fact that they are usually misdemeanors does not mean you should underestimate these penalties and fail to hire an attorney. Often significant penalties are imposed even though the DUI is a misdemeanor: 10 days in jail, hefty fines and a requirement that you install an ignition interlock device (IID) at your own cost.

Certain types of DUIs carry harsher penalties. For instance, you could face prison time if you were convicted of a DUI that involves an accident. You could face at least 4 months in prison, over $150,000 in fines, a three-year license suspension, and installation of an IID. The penalties will be much harsher if someone is injured or killed. You may face charges beyond a DUI such as assault or manslaughter.

An extreme DUI can be charged if your blood alcohol concentration (BAC) is between 0.15% - 0.19%. You could face 30 days in jail for a first offense extreme DUI. Twenty-one days of this sentence could be suspended, however, by installing an IID at your own cost. Additionally, you can face fines of $2787 and the requirement that you pay for a substance abuse class screening. You will lose your license for at least 3 months. Reinstatement will require you to install an IID if you do not already have one installed; there is a requirement that you blow into this device in order to start your car and every 15 minutes after that. It costs $1000 - $1200. The device can also be inconvenient because it has to be taken in so the data can be analyzed.

You can be charged with a super extreme DUI if you have a BAC of .20% or higher. A first offense is typically charged as a class 1 misdemeanor. However, you can face a minimum of 45 days in jail and a minimum of $2750 in fines. Your driver’s license will be suspended for at least 90 days. You will need to install an IID for at least a year. You will need to complete alcohol and drug screening and education. You will also need to go through a traffic survival school course. You may need to go through community service.

Certain DUIs are considered aggravated. You could be charged with aggravated DUI if you were driving with a child who was under age 15. You could also face charges if you had 2 DUIs within the last 7 years. An aggravated DUI charge could also be brought if you drove without using an IID or if you were driving with a suspended license. You could also face an aggravated DUI if you were caught driving without an IID when you were required to install one or if you were driving on the wrong side of the road.

Under A.R.S. section 28-1383, when your aggravated DUI is based on driving under the influence on a suspended license penalties are usually at least 4 months of incarceration, $4000 in fines, and at least 1 year of your license being suspended. You may need to go through alcohol education, and you will need to install an IID for at least 24 months. Your vehicle will be forfeited, and you will need to take a traffic school class.

DUI penalties can be severe once you’re convicted, particularly if you do not have counsel advocating for your best interests. If you are concerned about DUI penalties, you should discuss your situation with Tempe criminal defense lawyer James E. Novak. Mr. Novak develops the strongest available strategies for those accused of DUI in Phoenix, as well as Gilbert, Chandler, Mesa, and Maricopa County. Contact him at (480) 413-1499 or complete our online form.