CRIMINAL CASE INFORMATION

Because every case is different, it would be impossible for us to give you legal advice over the Internet. That is why it is important that you call us for a free consultation about your case. That way, we can ask you the appropriate questions and give you the correct answers.

Everyone, however, should be aware of the possible punishments they face when charged with a crime in Arizona. The following is a list of some possible punishments you will face if convicted of a crime under Arizona law:

IF CONVICTED OF A NON-DUI, MISDEMEANOR OFFENSE:

If you are convicted of a non-DUI, misdemeanor offense, such as Misdemeanor Assault, you may be exposed to variety of possible punishments. In most misdemeanor cases, however, the harshest punishment that can be imposed is 6 months in jail and up to a $2500 fine (plus surcharges). Of course, jail time is not required in many misdemeanor cases, so courts will often impose other punishments such as community service and classes.

IF CONVICTED OF YOUR FIRST MISDEMEANOR “REGULAR” DUI (IMPAIRED TO THE SLIGHTEST DEGREE):

The punishment for your first conviction of misdemeanor DUI is at least 10 days in jail. Of those 10 days, 9 days can be suspended only upon completion of mandatory alcohol classes. There is a minimum fine and surcharge of approximately $1500, though this can be much higher. The maximum jail punishment allowable by law is six months in jail. The MVD will suspend your license for at least 90 days (you may be able to get a 60-day work or school restriction) and may require you to attend a traffic survival school. Also, the MVD will require you to get an ignition interlock device on your car for a minimum of 1 year.

NOTE: Many people think that they will automatically get 1 day in jail for a “regular” DUI. This is not true anymore. Although many people do get the minimum, many other people are sentenced to more than 1 day in jail because of aggravating factors in the case. Please consult with an attorney regarding this issue.

IF CONVICTED OF YOUR FIRST MISDEMEANOR “EXTREME” DUI (BAC LEVEL .15% to .19%):

If you are convicted of Extreme DUI, the punishment requires at least 30 days in jail. Of those 30 days, 20 days can be suspended upon completion of alcohol screening and classes. There is a minimum fine and surcharge of approximately $2500, though this can be much higher. The maximum jail punishment allowable by law is six months in jail. The MVD will suspend your license for at least 90 days (you may be able to get a 60-day work or school restriction) and may require you to attend a traffic survival school. The MVD will also require that you get an ignition interlock device on your car for a minimum of 1 year.

NOTE: Although the minimum punishment for Extreme DUI is 10 days in jail, you may be able to get work release during your jail time for a maximum of 60 hours a week. This must be ordered by the judge at sentencing and it is not always given. Please consult with an attorney regarding this possibility.

IF CONVICTED OF YOUR FIRST MISDEMEANOR “SUPER EXTREME” DUI (BAC LEVEL .20% or more):

If you are convicted of Super Extreme DUI (a new Arizona law as of 9/19/2007), the punishment requires at least 45 consecutive days in jail (yes, 45 days, even if you have no prior criminal history). Of those 45 days, no days can be suspended by the court, and you still must attend alcohol classes. There is a minimum fine and surcharge of approximately $2750, though this can be much higher. The maximum jail punishment allowable by law is six months in jail. The MVD will suspend your license for at least 90 days (you may be able to get a 60-day work or school restriction) and may require you to attend a traffic survival school. The MVD will also require that you get an ignition interlock device on your car for a minimum of 18 months.

NOTE: Although the minimum punishment for Super Extreme DUI is 45 days in jail, you may be able to get work release during your jail time for a maximum of 60 hours a week. This must be ordered by the judge at sentencing and it is not always given. Please consult with an attorney regarding this possibility.

IF CONVICTED OF YOUR SECOND MISDEMEANOR DUI (“REGULAR”, “EXTREME” or “SUPER EXTREME”):

If convicted of your second misdemeanor DUI within 7 years of your first DUI conviction (within 7 years of the dates of offense, not dates of conviction), the punishment requires at least 90 days in jail. Of those 90 days, 60 days can be suspended only upon completion of alcohol screening and classes. The maximum punishment allowable by law is six months in jail. If you are convicted of Extreme DUI, and you have a prior DUI conviction within 7 years, the punishment requires at least 120 days in jail. Of those 120 days, 60 days can be suspended upon completion of alcohol screening and classes. If you are convicted of Super Extreme DUI, and you have a prior DUI conviction within 7 years, the punishment requires at least 180 days in jail. Of those 180 days, 90 days can be suspended upon completion of alcohol screening and classes. In all cases, you will be required to perform 30 hours of community service, the MVD will revoke your license for at least one year, and the MVD will require you to get an interlock device on your car.

NOTE: You may be able to get work release during your jail time for a maximum of 60 hours a week. This must be ordered by the judge at sentencing and is not always given. Please consult with an attorney regarding this possibility.

IF CONVICTED OF AGGRAVATED DUI (FELONY DUI):

If you are convicted of Aggravated DUI, you have been convicted of a felony offense. There are three ways in which you can be charged with Aggravated DUI. First, prosecutors can charge you with Aggravated DUI if you commit the crime of DUI while your driver license is suspended, revoked, cancelled, or restricted. Second, they can charge you with Aggravated DUI if it is your third DUI conviction within 7 years (the dates of offense must be within 7 years, not the dates of conviction). Third, they can charge you with Aggravated DUI if you are driving while impaired and there is a child in your car. In most Aggravated DUI cases, you will be facing mandatory time in prison if convicted. Call an attorney immediately.

IF CONVICTED OF A FELONY OFFENSE:

Felony offenses are, by definition, serious offenses. If you are charged and convicted of a felony, you may be facing substantial jail or prison time. Because there are a variety of felony offenses and possible punishments, it is crucial that you speak to an attorney about your case. Some felony offenses even carry mandatory prison sentences. Please call an attorney immediately to discuss a felony charge.
REMEMBER:

THERE ARE MANY DEFENSES AVAILABLE TO PEOPLE CHARGED WITH A CRIME. SIMPLY BECAUSE YOU HAVE BEEN CHARGED, DOES NOT MEAN THAT YOU WILL BE CONVICTED. PLEASE DON'T TRY TO FIGHT YOUR CRIMINAL CASE ALONE.