Mandatory Minimum Sentencing in DUI Cases

Some people mistakenly believe that a DUI is an administrative matter, and not that serious. However, a DUI is a criminal charge. A criminal conviction can affect future penalties in case of another DUI, and it can also have collateral consequences. The stigma of a criminal record can affect your ability to secure a job or housing. You can face mandatory minimum sentencing if you are charged with a Tempe DUI. It is important to consult a skillful criminal defense about your charges.

Whether you’re facing an ordinary DUI charge, an extreme DUI charge, or a charge of driving under the influence of drugs, you can face certain mandatory minimum charges. If you’re charged with an ordinary DUI, you can face a minimum of 10 days in jail. The court may mandate only 24 hours with drug or alcohol evaluation and completion of a mandatory treatment program. However you could also face a longer sentence; 10 days in jail is the mandatory minimum. This is also the mandatory sentence for driving while intoxicated, with a BAC of .08-.149 or with a blood alcohol content of .04 or greater.

Additionally, you may need to be screened for drug or alcohol abuse and go through a mandatory treatment program 10 days in jail. Sometimes you only need to spend 24 hours in jail if you complete such a program. You may also need to pay $1500 in fines and costs. An ignition interlock device can be placed on your car 12 months after your license is reinstated. You may stay on probation for a maximum of 15 years.

If you have a prior offense, the mandatory minimum sentence increases. For a DUI, a DWAI or a drunk driving on a commercial driver’s license, you can face a mandatory minimum of 90 days in jail. However, the court may mandate you only need to do 60 days in jail if you go through a mandatory treatment program or drug and alcohol evaluation. You may be on probation for up to 5 years and you may have to serve a minimum of 30 hours of community service.

The mandatory minimum sentence is longer, however, if you have a first extreme DUI offense. That means you tested with a blood alcohol content of .15 -.199. You can be charged with an extreme DUI if you have a BAC of at least .15 within 2 hours of operating your car. The mandatory minimum jail time is 30 days. You can face more than $2700 in fines and costs. You may also face a 90-day driver’s license suspension and probation of up to 5 years, including community service.

If you get a repeat offense extreme DUI, which means it falls within 84 months of another DUI charge, whether ordinary or extreme), the mandatory minimum jail time is 120 days. You can be fined more than $3600. You license may be revoked for a year with no temporary license. You may face probation of up to 5 years with a minimum of 30 years of community service.

A different mandatory minimum applies when you have a blood alcohol content of .20 or more and you are charged with a super extreme DUI. You can be sentenced to 45 consecutive days in jail and fines and costs that are more than $3200. You may be placed on probation for up to 5 years and face a 90 day driver’s license suspension.

If you are convicted of another super extreme DUI with a BAC of at least .20 within 84 months of another DUI charge you can face a maximum of 180 days in jail and fines and costs of more than $4600. You may be placed on probation for up to 5 years.

You can be sentenced for a Class 4 felony DUI where you’ve been convicted for a third time in 7 years. The mandatory minimum for this type of conviction would be 4 months in prison, as well as fines and costs of over $5500. Your license can be revoked for a maximum of 3 years and you may be put on probation for up to 10 years.

You can be convicted of a Class 6 DUI felony if you have driven under the influence and the DUI happened while carrying a child under age 15. The mandatory minimum will hinge on your blood alcohol content. If your blood alcohol content was between .08-.149, the mandatory minimum will be 10 years.

If you are charged with a DUI in Tempe, you should consult an experienced criminal defense attorney. Mr. Novak represents those charged with DUIs throughout the Phoenix area including Mesa, Chandler, Gilbert, Scottsdale, and Maricopa County. Call him at (480) 413-1499 or via our online form.