"Arizona has some of the toughest DUI laws in the country. I have personally handled over 2000 DUI cases and I have won dismissals and Not Guilty verdicts in every type of DUI charge." - S. Silva
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DUI CASE INFORMATION
If you are looking for a DUI defense lawyer in Maricopa County, including Phoenix, Scottsdale, Tempe, Chandler, Gilbert, Mesa, El Mirage, Surprise, Youngtown, Peoria, or Glendale, Arizona, Mr. Silva would be happy to provide you with a free consultation and will personally handle your case, if accepted.
For your reference, the following is a list of some possible punishments you will face if convicted of DUI under Arizona law:
IF CONVICTED OF YOUR FIRST MISDEMEANOR “REGULAR” DUI (IMPAIRED TO THE SLIGHTEST DEGREE OR OVER A BAC LEVEL OF .08%):
The punishment for your first conviction of misdemeanor "regular" DUI is at least 10 days in jail. Of those 10 days, up to 9 days can be suspended upon completion of mandatory substance abuse classes. There is a minimum fine of approximately $1800, although this can be higher. The maximum jail punishment allowed 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 if you attend an alcohol screening) and will require you to attend a one-day traffic survival school. Also, the MVD will require you to get an ignition interlock device on your car for 1 year (you may get this period lowered to 6 months if you follow MVD instructions).
You may also be sentenced to probation if convicted of Regular DUI.
NOTE: Many people think that they will automatically get 1 day in jail for a “regular” DUI. Although some people do get the minimum, many other people are sentenced to more than 1 day in jail because of aggravating factors in the case. For example, some prosecutors and judges use a "grading scale" to determine jail time. If your BAC level is, hypothetically, .14%, the prosecutor may seek more days in jail because you are so close to the Extreme level. 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. Some people may be eligible to have up to 21 of those jail days suspended by the court if they equip an ignition interlock device on a car. However, some courts are refusing to suspend those jail days because the court cannot monitor the interlock device requirement. To make matters even more confusing, some courts will allow you to do "home detention" for part of your jail sentence, under certain circumstances. Some courts are very generous with home detention time, while other courts will not give it at all. The bottom line is that you need to consult with an attorney regarding these issues because you may be facing a wide range of possible jail time for an Extreme DUI.
In addition to jail time, there is a minimum fine of approximately $3000, although this can be higher. The MVD will suspend your license for at least 90 days (you may be able to get a 60-day work or school restriction if you attend an alcohol screening) and will require you to attend a one-day traffic survival school. The MVD will also require that you get an ignition interlock device on a car for a minimum of 1 year.
You may be sentenced to probation if convicted of Extreme DUI.
NOTE: Although the minimum punishment for Extreme DUI is 30 days in jail, you may be able to get work release during your jail time for a maximum of 72 hours a week. This must be ordered by the judge 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 HIGHER):
If you are convicted of Super Extreme DUI, the punishment requires at least 45 consecutive days in jail (yes, 45 days, even if you have no prior criminal history). Some people may be eligible to have up to 31 of those jail days suspended by the court if they equip an ignition interlock device on a car. However, some courts are refusing to suspend those jail days because the court cannot monitor the interlock device requirement. Also, some courts are giving "home detention" for a portion of the jail sentence, under certain circumstances. Please consult with an experienced DUI attorney regarding these jail issues.
There is a minimum fine of approximately $3500, although this can be higher. The MVD will suspend your license for at least 90 days (you may be able to get a 60-day work or school restriction if you attend an alcohol screening) and will require you to attend a one-day traffic survival school. The MVD will also require that you get an ignition interlock device on your car for a minimum of 18 months.
You may be sentenced to probation if convicted of Super Extreme DUI.
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 72 hours a week. This must be ordered by the judge 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 substance abuse classes. The maximum punishment allowed 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, no days can be suspended. 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, no days can be suspended. In all cases, you will be required to attend substance abuse classes, 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 a car.
NOTE: You may be able to get work release during your jail time for a maximum of 72 hours a week. This must be ordered by the judge at sentencing and is not always given. Also, "home detention" may be possible for part, but not all, of the jail sentence. Please consult with an attorney regarding these possibilities.
IF CONVICTED OF A MISDEMEANOR "DRUG" DUI:
In Arizona, the law and the punishment for a first-time "drug" DUI is almost exactly the same as the law and the punishment for an alcohol-related, first-time regular DUI. Just as it is illegal for a person to drive an automobile with too much alcohol in their system, it is equally illegal to drive an automobile with any drug in your system that impairs your ability to drive. The drug can be an illegal drug, like cocaine, or it can be a prescription drug, like Ambien. Either way, if it impairs your ability to drive to the slightest degree, you can be convicted of DUI. For people who must take certain medications on a regular basis this does not seem fair. But it is the law in Arizona.
NOTE: Under Arizona law, if a person has an "illegal" drug in their system, like cocaine, the State does not need to prove that the person's ability to drive was impaired. The State only needs to show that the drug's "metabolite" was present in the person's system. So, even if a person used a drug many hours prior to the DUI arrest, they can still be convicted of DUI if the metabolite is still present in their system at the time they were arrested. Different drugs will stay in a person's system for different periods of time.
IF CONVICTED OF AGGRAVATED DUI (FELONY DUI):
If you are convicted of Aggravated DUI, you have been convicted of a felony offense. There are different 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.
MOTOR VEHICLE DIVISION CONSEQUENCES (ARIZONA'S IMPLIED CONSENT LAW & ADMIN PER SE)
When you are convicted of a DUI in Arizona, the Arizona Motor Vehicle Division (MVD) will take action against your driver license. For a first-time DUI, the normal policy is to suspend a person's license for 90 days, require a traffic survival school (TSS), and require an ignition interlock device. For a second-time DUI, the MVD will usually revoke a person's license for at least 1 year and will require an ignition interlock device.
In Arizona, however, the MVD does not need to wait for a DUI conviction in order to take action against your license. Anyone who drives a car in Arizona is subject to what is known as Arizona's "implied consent law." This law says that anyone who is lawfully arrested in Arizona on reasonable grounds of committing DUI, must give the police a sample of their blood, breath, or urine (See A.R.S. 28-1321). If the person refuses, the person will lose their privilege to drive in Arizona for 1 year. This 1 year suspension will occur regardless of whether or not the person is later convicted of DUI.
Arizona law also says that if a person's blood or breath test reveals a BAC level over .08%, the MVD can suspend a person's driving privileges for 90 days. This is known as an "admin per se" suspension (See A.R.S. 28-1385). This 90 days suspension will often occur before a person has even finished their court case, and before a person is even convicted of DUI. In fact, the MVD does not care if you are ultimately found Guilty of DUI and does not have to wait for a conviction. Many people are later found Not Guilty of DUI, but still had to suffer the 90 day admin per se suspension.
NOTE: In some cases, it is possible to challenge an MVD suspension that occurs before a person has been convicted of DUI. In order to do this, a defendant, or an attorney, must request a hearing with the MVD. If you win the hearing, your license will not be suspended prior to a DUI conviction. However, there may be legal and strategic reasons why a person should not request a hearing and fight the suspension. In some cases, it is actually better to allow the MVD to suspend your license before your criminal case is completed. You should consult with an attorney regarding this issue because MVD policies are very complicated and cannot be fully explained on a web site.
IGNITION INTERLOCK DEVICE
The ignition interlock device, also known as an "IID", is a device that the MVD will require you to place on your vehicle if you have been convicted of an alcohol-related DUI charge. The IID will not allow you to start or drive your vehicle if you have any alcohol in your system. This is an MVD requirement, not a court order, so a judge cannot remove this requirement from your DUI sentence. The interlock will be required for at least 12 months for any conviction of the Regular DUI and Extreme DUI statutes. It will be required for at least 18 months for a Super Extreme DUI conviction. It will be required for at least 24 months for a Super Extreme DUI conviction with a prior DUI conviction in the last 7 years (See A.R.S. 28-3319 for all of the specific penalties).
However, a 12-month interlock requirement can be reduced to 6 months if you follow all MVD instructions (i.e., complete alcohol classes and have no interlock violations). This reduction will happen automatically and there is nothing you need to do to get the reduction, simply obey all the rules and instructions provided to you by the MVD. You will then receive a letter in the mail from MVD after your 6 months has expired which will instruct you that you can remove the interlock device from your vehicle.
ACTUAL PHYSICAL CONTROL OF A VEHICLE
In Arizona, you do not have to actually a "drive" or "move" a vehicle to be convicted of DUI. The State must simply prove that you were in "actual physical control" of a motor vehicle. To do this, the State must prove, under a totality of the circumstances, that your current or imminent control of a vehicle presented a real danger to you or the public. This is a vague definition, but it generally means that if your vehicle was capable of being moved, and if you were in the driver seat, you could still be convicted of DUI even if you were not actually moving the vehicle. You should consult with an attorney regarding this issue because you may not have actually been a danger to the public if you were simply sitting in the vehicle,or using the vehicle as temporary shelter.
If you are looking for a DUI defense lawyer in Maricopa County, including Phoenix, Scottsdale, Tempe, Chandler, Gilbert, Mesa, El Mirage, Surprise, Youngtown, Peoria, or Glendale, Arizona, Mr. Silva would be happy to provide you with a free consultation and will personally handle your case, if accepted.
For your reference, the following is a list of some possible punishments you will face if convicted of DUI under Arizona law:
IF CONVICTED OF YOUR FIRST MISDEMEANOR “REGULAR” DUI (IMPAIRED TO THE SLIGHTEST DEGREE OR OVER A BAC LEVEL OF .08%):
The punishment for your first conviction of misdemeanor "regular" DUI is at least 10 days in jail. Of those 10 days, up to 9 days can be suspended upon completion of mandatory substance abuse classes. There is a minimum fine of approximately $1800, although this can be higher. The maximum jail punishment allowed 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 if you attend an alcohol screening) and will require you to attend a one-day traffic survival school. Also, the MVD will require you to get an ignition interlock device on your car for 1 year (you may get this period lowered to 6 months if you follow MVD instructions).
You may also be sentenced to probation if convicted of Regular DUI.
NOTE: Many people think that they will automatically get 1 day in jail for a “regular” DUI. Although some people do get the minimum, many other people are sentenced to more than 1 day in jail because of aggravating factors in the case. For example, some prosecutors and judges use a "grading scale" to determine jail time. If your BAC level is, hypothetically, .14%, the prosecutor may seek more days in jail because you are so close to the Extreme level. 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. Some people may be eligible to have up to 21 of those jail days suspended by the court if they equip an ignition interlock device on a car. However, some courts are refusing to suspend those jail days because the court cannot monitor the interlock device requirement. To make matters even more confusing, some courts will allow you to do "home detention" for part of your jail sentence, under certain circumstances. Some courts are very generous with home detention time, while other courts will not give it at all. The bottom line is that you need to consult with an attorney regarding these issues because you may be facing a wide range of possible jail time for an Extreme DUI.
In addition to jail time, there is a minimum fine of approximately $3000, although this can be higher. The MVD will suspend your license for at least 90 days (you may be able to get a 60-day work or school restriction if you attend an alcohol screening) and will require you to attend a one-day traffic survival school. The MVD will also require that you get an ignition interlock device on a car for a minimum of 1 year.
You may be sentenced to probation if convicted of Extreme DUI.
NOTE: Although the minimum punishment for Extreme DUI is 30 days in jail, you may be able to get work release during your jail time for a maximum of 72 hours a week. This must be ordered by the judge 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 HIGHER):
If you are convicted of Super Extreme DUI, the punishment requires at least 45 consecutive days in jail (yes, 45 days, even if you have no prior criminal history). Some people may be eligible to have up to 31 of those jail days suspended by the court if they equip an ignition interlock device on a car. However, some courts are refusing to suspend those jail days because the court cannot monitor the interlock device requirement. Also, some courts are giving "home detention" for a portion of the jail sentence, under certain circumstances. Please consult with an experienced DUI attorney regarding these jail issues.
There is a minimum fine of approximately $3500, although this can be higher. The MVD will suspend your license for at least 90 days (you may be able to get a 60-day work or school restriction if you attend an alcohol screening) and will require you to attend a one-day traffic survival school. The MVD will also require that you get an ignition interlock device on your car for a minimum of 18 months.
You may be sentenced to probation if convicted of Super Extreme DUI.
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 72 hours a week. This must be ordered by the judge 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 substance abuse classes. The maximum punishment allowed 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, no days can be suspended. 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, no days can be suspended. In all cases, you will be required to attend substance abuse classes, 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 a car.
NOTE: You may be able to get work release during your jail time for a maximum of 72 hours a week. This must be ordered by the judge at sentencing and is not always given. Also, "home detention" may be possible for part, but not all, of the jail sentence. Please consult with an attorney regarding these possibilities.
IF CONVICTED OF A MISDEMEANOR "DRUG" DUI:
In Arizona, the law and the punishment for a first-time "drug" DUI is almost exactly the same as the law and the punishment for an alcohol-related, first-time regular DUI. Just as it is illegal for a person to drive an automobile with too much alcohol in their system, it is equally illegal to drive an automobile with any drug in your system that impairs your ability to drive. The drug can be an illegal drug, like cocaine, or it can be a prescription drug, like Ambien. Either way, if it impairs your ability to drive to the slightest degree, you can be convicted of DUI. For people who must take certain medications on a regular basis this does not seem fair. But it is the law in Arizona.
NOTE: Under Arizona law, if a person has an "illegal" drug in their system, like cocaine, the State does not need to prove that the person's ability to drive was impaired. The State only needs to show that the drug's "metabolite" was present in the person's system. So, even if a person used a drug many hours prior to the DUI arrest, they can still be convicted of DUI if the metabolite is still present in their system at the time they were arrested. Different drugs will stay in a person's system for different periods of time.
IF CONVICTED OF AGGRAVATED DUI (FELONY DUI):
If you are convicted of Aggravated DUI, you have been convicted of a felony offense. There are different 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.
MOTOR VEHICLE DIVISION CONSEQUENCES (ARIZONA'S IMPLIED CONSENT LAW & ADMIN PER SE)
When you are convicted of a DUI in Arizona, the Arizona Motor Vehicle Division (MVD) will take action against your driver license. For a first-time DUI, the normal policy is to suspend a person's license for 90 days, require a traffic survival school (TSS), and require an ignition interlock device. For a second-time DUI, the MVD will usually revoke a person's license for at least 1 year and will require an ignition interlock device.
In Arizona, however, the MVD does not need to wait for a DUI conviction in order to take action against your license. Anyone who drives a car in Arizona is subject to what is known as Arizona's "implied consent law." This law says that anyone who is lawfully arrested in Arizona on reasonable grounds of committing DUI, must give the police a sample of their blood, breath, or urine (See A.R.S. 28-1321). If the person refuses, the person will lose their privilege to drive in Arizona for 1 year. This 1 year suspension will occur regardless of whether or not the person is later convicted of DUI.
Arizona law also says that if a person's blood or breath test reveals a BAC level over .08%, the MVD can suspend a person's driving privileges for 90 days. This is known as an "admin per se" suspension (See A.R.S. 28-1385). This 90 days suspension will often occur before a person has even finished their court case, and before a person is even convicted of DUI. In fact, the MVD does not care if you are ultimately found Guilty of DUI and does not have to wait for a conviction. Many people are later found Not Guilty of DUI, but still had to suffer the 90 day admin per se suspension.
NOTE: In some cases, it is possible to challenge an MVD suspension that occurs before a person has been convicted of DUI. In order to do this, a defendant, or an attorney, must request a hearing with the MVD. If you win the hearing, your license will not be suspended prior to a DUI conviction. However, there may be legal and strategic reasons why a person should not request a hearing and fight the suspension. In some cases, it is actually better to allow the MVD to suspend your license before your criminal case is completed. You should consult with an attorney regarding this issue because MVD policies are very complicated and cannot be fully explained on a web site.
IGNITION INTERLOCK DEVICE
The ignition interlock device, also known as an "IID", is a device that the MVD will require you to place on your vehicle if you have been convicted of an alcohol-related DUI charge. The IID will not allow you to start or drive your vehicle if you have any alcohol in your system. This is an MVD requirement, not a court order, so a judge cannot remove this requirement from your DUI sentence. The interlock will be required for at least 12 months for any conviction of the Regular DUI and Extreme DUI statutes. It will be required for at least 18 months for a Super Extreme DUI conviction. It will be required for at least 24 months for a Super Extreme DUI conviction with a prior DUI conviction in the last 7 years (See A.R.S. 28-3319 for all of the specific penalties).
However, a 12-month interlock requirement can be reduced to 6 months if you follow all MVD instructions (i.e., complete alcohol classes and have no interlock violations). This reduction will happen automatically and there is nothing you need to do to get the reduction, simply obey all the rules and instructions provided to you by the MVD. You will then receive a letter in the mail from MVD after your 6 months has expired which will instruct you that you can remove the interlock device from your vehicle.
ACTUAL PHYSICAL CONTROL OF A VEHICLE
In Arizona, you do not have to actually a "drive" or "move" a vehicle to be convicted of DUI. The State must simply prove that you were in "actual physical control" of a motor vehicle. To do this, the State must prove, under a totality of the circumstances, that your current or imminent control of a vehicle presented a real danger to you or the public. This is a vague definition, but it generally means that if your vehicle was capable of being moved, and if you were in the driver seat, you could still be convicted of DUI even if you were not actually moving the vehicle. You should consult with an attorney regarding this issue because you may not have actually been a danger to the public if you were simply sitting in the vehicle,or using the vehicle as temporary shelter.
Silva Law Firm, P.C. LEGAL DISCLAIMER: The materials in this web site are not legal advice and your use of these materials does not constitute nor form an attorney/client relationship with the Silva Law Firm, P.C. Please do not send any confidential information to our office without prior authorization. Contact us personally regarding specific advice for your particular case, because there is no substitute for professional legal counsel.