Arizona DUI Information
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According to the FBI, there were 37,813 Arizona DUI arrests in 2004. Of the Arizona DUI arrests 588 were under the age of 18.
If you have recently been arrested for driving under the influence in Arizona, we recommend you seek the counsel of a qualified DUI attorney in your local area. Information on the Internet is no substitute for professional legal representation.
An Arizona DUI (driving under the influence), Arizona DWI (driving while intoxicated), or other alcohol related offense triggers two seperate actions: one in court (a criminal DUI action), and one at the Division of Motor Vehicles (an admi9nistrative DUI action).
For an Arizona DUI, defendants have 15 days from the date of arrest to request a hearing from the Arizona Division of Motor Vehicles.
You should contact a local attorney to confirm the procedures required to notify the DMV or your intention to challenge the suspension. Always keep some sort of proof relating to the request (return receipt, certified mail).
It is important for anyone charged wiuth a DUI in Arizona to contact a local attorney to confirm procedures to notify the DMV and to assess their particular case in light of current law. Many DUI attorneys will provide a free initial consultation.
Arizona DUI Criminal Action Penalties
First DUI Offense (Blood Alcohol Concentration .08 to .17)::
- Jail- Minimum of 10 days in custody. (May be reduced to not less than 24 hours)
- Fines- A fine of not less than $250.00 plus a $500.00 prison fund assessment and an additional $500.00 for the general fund as set forth by statute.
- School- Court may Order Alcohol Dependency assessment and treatment in exchange for reducing the number of days in custody. The court may order you to obtain counseling, education, or treatment if the court or the screening facility determines that you have a substance abuse problem
Additional Consequences:
Mandatory license suspension for not less than ninety (90) days after which a license reinstatement fee must be paid. The court ordered suspension is independent of any action taken by the DMV. However, any action by the DMV may run concurrent with the court suspension.
Arizona DUI Enhancements
Enhancements are additional facts that a Judge or Prosecutor may consider in charging the case or sentencing. In many states these factors may include speed, high blood alcohol concentrations, whether there were children in the car, commercial driver, under 21 driver, chemical test refusal or prior convictions for DWI, DUI, OWI.
Refusal
Criminal penalties for refusal in Arizona the same as DUI. For first offense refusal, penalty is mandatory one year license suspension, additional penalties may occur in court.
Elevated Blood Alcohol Concentration
The State of Arizona has enhanced penalties for individuals with blood alcohol concentrations above .18. A first offense carries a minimum of 30 days in jail, vehicle impoundment, and ignition interlock device.
Prior Conviction
Additional penalties apply for second offenses have a minimum jail sentence of 90 days and a minimum fine of $2,000. Any offense exceeding a first offense has penalties including ignition interlock device requirement and possible vehicle impound or forfeiture.
DUI Administrative Action:
PLEASE BE AWARE- YOU HAVE 15 DAYS FROM THE DATE OF ARREST TO REQUEST A HEARING FROM THE DIVISION OF MOTOR VEHICLES. You should contact a local attorney to confirm the procedures required to notify the DMV or your intention to challenge the suspension. Always keep some sort of proof relating to the request (return receipt, certified mail).
The action taken by the Motor Vehicle Division will be based upon the conviction, a first offender will be suspended for 90 days, after 30 days a conditional license is available. A second offender will be suspended for 90 days and a third offender will be revoked for 3 years. Contact an attorney to discuss the process required for reinstatement and the availability of a provisional license in your particular situation.
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