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DUI Penalty Chart

What are the Penalties for a DUI Charge in Arizona?

Arizona has some of the toughest impaired driving laws and penalties in the country. Any kind of DUI resulting from alcohol or drugs is a criminal charge that calls for harsh criminal penalties.

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All misdemeanor DUI charges expose a person to jail terms, while all felony DUI charges call for prison sentencing. Penalties include costly fines, fees, and assessments; loss of driving privileges; alcohol or drug education and screening and use of ignition interlock device on vehicle for alcohol related DUI conviction. If it applies the court many order restitution, or include probation and community service in the sentencing.

If you are incarcerated, you will be asked to pay restitution for each day you are a guest of the state. If you are arrested on charges of extreme or felony DUI, the police may exercise their option to impound your vehicle for 30 days. An aggravated DUI is a felony conviction, which leaves you with a permanent criminal record.

If you are arrested under suspicion of misdemeanor or aggravated (felony) DUI, fighting the charges is usually the best thing to do. You have the right to defend your charges by hiring an experienced and skilled criminal defense attorney. The criminal attorney you choose to represent you can make a significant difference in the outcome of your case.

Attorney James E. Novak is a former prosecutor in Maricopa County who defends clients accused of impaired driving charges. He has been practicing over 20 years, and is devoted to defending individuals charged with impaired driving offenses. James Novak offers a free initial consultation for those facing DUI in Tempe, Phoenix, Mesa, Chandler, Gilbert, Scottsdale, and Chandler AZ. Call (480) 413-1499 to discuss your charges and options for defense.

Arizona DUI Penalty Chart

The chart below details the penalties levied for driving under the influence (DUI) of alcohol or drugs, including “Extreme DUI,” “Super Extreme DUI” and “Aggravated DUI.”

CHARGESDRIVER’S LICENSEMINIMUM FINES AND FEES*JAIL TIME**COMMUNITY SERVICEPROBATION
DUI - BAC .08
(1st Offense)
90 Day to 1 Year Suspension$1,4901-10 DaysPossibleUp to 5 Years
DUI - BAC .08
(2nd Offense)
1 Year Revocation$3,44830-90 Days30 HoursUp to 5 Years
Extreme DUI
BAC .15-.19
(1st Offense)
90 Day to 1 Year Suspension$2,74030 DaysPossibleUp to 5 Years
Extreme DUI
BAC .15-.19
(2nd Offense)
1 Year Revocation$3,698120 Days30 HoursUp to 5 Years
Super Extreme DUI
BAC .20+
(1st Offense)
90 Day to 1 Year Suspension$3,19845 DaysPossibleUp to 5 Years
Super Extreme DUI
BAC .20+
(2nd Offense)
1 Year Revocation$4,613180 Days30 HoursUp to 5 Years
Aggravated
(Felony) DUI
3 Year Revocation$4,6554 MonthsN/AUp to 10 Years
Aggravated
(Felony) DUI -
Child Under 15 in Car
3 Year Revocation$4,6551st -1-10 Days
2nd – 30-90 Days
3rd - 4 Months
N/AUp to 10 Years
Aggravated (Felony)
Extreme DUI - Child Under 15 in Car
3 Year Revocation$4,6551st -10-30 Days
2nd 60-120 Days
3rd - 4 Months
N/AUp to 10 Years

* Includes base fine with 83% surcharge, various assessments and DUI Abatement Fee, if applicable.

** Judge may suspend some of basic DUI sentence in exchange for participating in alcohol screening/treatment program. Use of certified ignition interlock device for one year may result in suspension of all but 9 days of sentence for first offense Extreme DUI or all but 14 days of sentence for Super Extreme DUI.

What are Some Other Consequences of a DUI Conviction?

All DUI convictions can expose a person to other civil penalties related to driving privileges. But they also expose a person to adverse consequences including:

  • Adverse impacts on family and loved ones
  • Loss of job, inability to get a job; or loss of occupational license,
  • Loss of suspension of scholarships, and other school related activities;
  • Adverse impacts on finances including credit problems;
  • Loss of residency privileges;
How an Experienced DUI Defense Attorney can Help You Resolve Your Charges

There is a lot at stake when you face DUI charges. But being arrested represents the first stage of your DUI case. You have the right to retain an experienced criminal attorney to defend your charges.

If retained, an experienced criminal defense attorney like James Novak of The Law Office of James Novak can help you resolve your charges. If retained, he will immediately file a notice of not-guilty on your behalf, notice of representation and reserve rights for your defenses with the court. He will begin gathering the evidence that the prosecution plans to use against you, and look for favorable evidence that will work in your favor. He will have your DUI test results retested by an independent lab, and challenge any weak evidence or inconsistencies.

Other defenses may exist depending on the circumstances surrounding your DUI including violations of rights. If police violate your rights in the process of obtaining the evidence, James Novak can file a motion with the court to which prohibits the court from using that evidence against you. In most cases if the prosecution is unable to use material evidence against you, it can lead to a total dismissal of charges.

If the charges cannot be dismissed, Attorney James Novak will work with the prosecution and the court to get the best possible resolution on your behalf. Some favorable resolutions include reduction of penalties, reduction of charges to lessor classifications, reclassification from criminal to civil charges, avoidance of all or a portion of incarceration time, or dismissal of a portion of the charges. For those facing active DUI charges in Mesa, Tempe, call Attorney James Novak. The Law Office of James Novak, PLLC offers a free initial consultation. Call (480) 413-1499 today to find out how James Novak can help you resolve your charges. You can also speak with James Novak directly by completing our on-line contact form.

Client Reviews
★★★★★
I was facing criminal charges with three priors in my history. Mr Novak was very helpful and got me a lighter sentence than I probably deserved. He is a great attorney and I would highly recommend him. A. T.
★★★★★
James worked tirelessly behind the scenes with the prosecution, to decrease my son’s charges to a more reasonable penalty. I could not have asked for a better, more professional attorney. He treated my son with the utmost respect and walked him through every step of a very difficult situation. S. G.
★★★★★
Attorney Novak did an outstanding job defending my son. Due to his extensive professional background within the court system, he was successfully able to defend my son during a very difficult time for my family. I highly recommend Attorney James Novak for your legal needs. T. G.