ARIZONA DUI PENALTIES
Below is the general penalty structure for DUIs in Arizona:
MISDEMEANOR DUI's
Note: All class one misdemeanors carry a maximum penalty of 6 months in jail and a
$2,500.00 fine. Below is the minimum penalties for each offense.
DUI, A class one misdemeanor:
A.R.S. § 28-1381(A)(1) (Ability to drive impaired to the slightest degree),
A.R.S. § 28-1381(A)(2) (BAC above .08),
A.R.S. § 28-1381(A)(3) (Driving with metabolite of an illicit drug in blood)***
FIRST OFFENSE DUI:
JAIL
10 days in jail, 9 days can be suspended – Defendant must serve
24 hours, the additional 9 days may be suspended, usually
contingent upon attendance at alcohol education classes.
FINES/SURCHARGES
$250 fine, $200 surcharge, $500 payment to prison fund, $500 to State General
Fund, $10 probation fee, $20 time payment fee, Jail costs (Court’s discretion)
DRIVER’S LICENSE
Suspended 90 days, eligible to drive to and from work or
school after 30 days (One year revocation if convicted under 28-1381(A)(3))
-Ignition Interlock device required on any car driven for one year after reinstatement.
OTHER
Probation, up to 5 years
Alcohol screening and education
Community service (Court’s discretion)
SECOND OFFENSE DUI:
JAIL
90 days, 60 days may be suspended
FINES/SURCHARGES
$500 fine, $400 surcharge, $1,250 payment to prison fund, $1,250 to State General
Fund, $20 time payment fee, $10 probation fee., Jail costs (Court’s discretion)
DRIVER’S LICENSE
Revocation for one year.
-Ignition Interlock device required on any car driven for one year after reinstatement.
OTHER
Probation, up to 5 years
Alcohol screening and education
Community service (Court’s discretion)
EXTREME DUI (BAC over .15), a class 1 misdemeanor
A.R.S. § 28-1382
FIRST OFFENSE EXTREME DUI (.15 to.199)
JAIL
30 days, 20 days may be suspended (conflicts in two of the new laws passed may
make it impossible to get 20 days suspended and lead to flat 30 days!)
FINES/SURCHARGES
$500 fine, $400 surcharge, $250 payment to Arizona DUI abatement fund,
$1,000 payment to prison fund, $1000 to State General Fund, $20 time payment fee,
$10 probation fee., Jail costs (Court’s discretion)
DRIVER’S LICENSE
Suspended 90 days, eligible to drive to and from work or
school after 30 days
-Ignition Interlock device required on any car driven for one year after reinstatement.
OTHER
Probation, up to 5 years
Alcohol screening and education
Community service (Court’s discretion)
SECOND OFFENSE EXTREME DUI (.15 to .199)
JAIL
120 days, 60 days may be suspended (conflicts in two of the new laws passed may
make it impossible to defer jail time and lead to 120 days flat!)
FINES/SURCHARGES
$500 fine, $400 surcharge, $250 payment to Arizona DUI abatement fund
$1,250 payment to prison fund, $1250 to State General Fund, $20 time payment fee,
$10 probation fee., Jail costs (Court’sdiscretion)
DRIVER’S LICENSE
Revocation for one year
- Ignition Interlock device required on any car driven for one year after reinstatement.
OTHER
Probation, up to 5 years
Alcohol screening and education
Community service (Court’s discretion)
SUPER EXTREME DUI (BAC over .20), a class 1 misdemeanor
A.R.S. § 28-1382
FIRST OFFENSE SUPER EXTREME DUI
JAIL
45 days flat
FINES/SURCHARGES
$250 fine, $200 surcharge, $250 payment to Arizona DUI abatement fund,
$1,000 payment to prison fund, $1000 to State General Fund, $20 time payment fee,
$10 probation fee., Jail costs (Court’s discretion)
DRIVER’S LICENSE
Suspended 90 days, eligible to drive to and from work or
school after 30 days
-Ignition Interlock device required on any car driven for one year after reinstatement.
OTHER
Probation, up to 5 years
Alcohol screening and education
Community service (Court’s discretion)
SECOND OFFENSE SUPER EXTREME DUI
JAIL
180 days flat.
FINES/SURCHARGES
$1,000 fine, $800 surcharge, $250 payment to Arizona DUI abatement fund
$1,250 payment to prison fund, $1250 to State General Fund, $20 time payment fee,
$10 probation fee., Jail costs (Court’sdiscretion)
DRIVER’S LICENSE
Revocation for one year
- Ignition Interlock device required on any car driven for one year after reinstatement.
OTHER
Probation, up to 5 years
Alcohol screening and education
Community service (Court’s discretion)
Sentencing for DUI's in Arizona is severe. Whether you are charged with a Misdemeanor DUI in the city or justice courts throughout Arizona or facing Felony DUI charges in the Superior Court, you are facing serious penalties. You need an experienced DUI defense lawyer. Mr. Borrelli is a DUI defense lawyer who will fight for you and help you through this process.
CALL FOR A FREE CONSULTATION You will meet an attorney, never an office manager or legal assistant!!! BORRELLI LAW OFFICE P.L.L.C. 816 N. 6th Avenue Phoenix, Arizona 85003 Phone: 602-258-1850 Fax: 602-467-3008 Serving Clients throughout the Valley and the State of Arizona including criminal and DUI Charges in Phoenix, Mesa, Scottsdale, Glendale, Chandler, Gilbert, Tempe, Avondale, Goodyear, Surprise, Fountain Hills, Florence, Apache Junction 
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