DUI Attorney Nick Alcock Explains DUI Types in Arizona
There are many different and confusing laws in Arizona that concern DUI offenses.
There have also been many changes to DUI laws in 2012. Specifically, DUI sentencing and your right to a jury trial have been affected by the legislature.
If you have been arrested for a DUI, it is quite confusing to know exactly what you are facing and why. This is why our DUI Attorneys are available to you. Please feel free to look over our website, but if you need any additional information, please do not hesitate to call.
A DUI lawyer can speak with you telephonically. You don’t even need to come into the firm.For more information contact the experienced DUI attorneys at Alcock And Associates for a Free Consultation: 602.989.5000
Please click below to hear DUI Attorney Nick Alcock discuss the various DUI types in Arizona
Misdemeanor DUI: DUI Attorney Nick Alcock
ARS 28-1381 Covers the fundamental aspects of Misdemeanor DUI. A DUI in Arizona is a misdemeanor when it a first time DUI, a second time DUI within seven years, there are no children in the car at the time of impaired driving, and the person’s license to drive was not restricted, suspended or revoked.
Misdemeanor DUI’s carry a maximum penalty of six months in jail. For a typical first offense where the blood alcohol level is between .08 and .15, the sentence range is 1 to 10 days. For an extreme DUI, where the blood alcohol level is between .15 and .20, the sentence is 30 days or more. A first offense super extreme DUI carries with it a mandatory minimum of 45 days. Sentencing laws have changed recently, however, and a judge can reduce the extreme DUI jail time substantially so long as the defendant installs the alcohol interlock device in their vehicle. Check back to this site soon to see regular updates on how the law is changing.
DUI Attorney Note: There are three basic ways to get a DUI in Arizona. If you are impaired to the slightest degree, you are over the legal limit of .08, or you have an illegal drug in your system. Basically any DUI lawyer in Arizona will tell you that the State is zero-tolerance. A police officer needs to show that your ability to drive was affected in the most minor way for you to be arrested. It is even worse for drug DUI cases due to the fact that all the State needs to show is the presence of a metabolite of an illegal drug in your system. A metabolite is formed perhaps hours or days after ingestion. The system is unfair. Very unfair.
EXTREME MISDEMEANOR DUI: By DUI Attorney Nick Alcock Phoenix
Extreme DUI is an offense that requires a blood alcohol level of .15 within two hours of driving. Super extreme DUI is .20. First offense extreme is usually a sentence a 30 days in jail. First offense Super extreme requires a minimum sentence of 45 days. Those sentences are increased to 120 days and 180 days for second offenses within seven years. Dates the driving offenses are committed are used to determine the seven year period.
Fortunately, DUI sentencing laws have changed recently. While the laws are still on the books for 30 and 45 days, it is possible to reduce the sentence considerably by installing the alcohol interlock device in your vehicle. While there is still some uncertaintly about the new laws, it appears that the sentences will be reduced to the following.
For a first time extreme dui, the sentence is 2 days in jail, followed by 7 days home detention. A super extreme first offense is 3 days in jail, followed by 11 days of home detention. If home detention isn’t available, then it is possible to get work release at the jail.
AGGRAVATED DUI (FELONY DUI): : DUI Attorney Nick Alcock
Many people are surprised to learn that they are being charged for a Felony DUI case. Ifyou are driving a motor vehicle, you are impaired to the slightest degree and your license is suspended, you can be charged with a class 4 felony. Also, if a child is in the car with you, under 15 years old, you can be charged with a class 6 felony.
DUI Attorney Nick Alcock discusses Aggravated DUI in Arizona
INTERLOCK DEVICE AND WORK PERMITS : DUI Attorney Nick Alcock
Click Here to Learn More about Interlock Devices
LIABILITY FOR DAMAGES DUE TO ACCIDENTS INVOLVING DUI
As a DUI Attorney in Arizona, I rarely see this section of the law used. The bottom line is that if you are in an accident, and you are DUI, you are liable for the cost of the emergency response.
Typically what we see in cases where there is an accident is the imposition of a restitution order. If you are convicted of a DUI, you may be ordered to pay for the economic loss that was caused by your actions.
BOATING UNDER THE INFLUENCE
CLICK HERE TO LEARN MORE ABOUT BOATING UNDER THE INFLUENCE (BUI) IN AZ
If you would like to speak with our DUI attorneys about a case in Phoenix or any other city in Arizona, please feel free to call our DUI hotline at 602-989-5000. Please keep in mind that the information on this page may not be up to date. Nothing beats an in-person consultation from a DUI lawyer. Call us today!
