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Arizona DUI Laws
Under Arizona law, DUI can be prosecuted in 1 of 2 ways. First a person can be arrested for DUI if it appears that they are impaired while driving a motor vehicle after consuming drugs or alcohol. Second by violating the state's per se" Laws, having a blood alcohol level of .08% within 2 hours of driving. Minors (under 21) can be charged with DUI if they are caught with any level of alcohol in their blood. Anybody found to have a blood alcohol level equal to .15% will be charged with a "extreme" DUI or DWI offense. DUI/DWI offenses are usually classed as misdemeanors, unless it is the person's 3rd offense, the offense was committed by somebody who already had their driving privileges revoked, or if a child passenger under the age of 15 was also in the vehicle that was operated by the impaired person. In all cases, the defendant has the right to a trial in front of 6 jurers, or to a judge if they wave the right to a jury hearing. The punishment for DUI/DWI depends on the person's criminal record and prior DUI/DWI convictions. It can range from jail time, attendance of substance abuse programs, fines and license suspentions, to probation, and an ignition interlock device When agreeing to drive in the state of Arizona, one has impliedly consented to a blood or breath test at any time if a police officer sees fit. If a person refuses a blood or breath alcohol test, their license is revoked for 1 year if it is a first refusal, or 2 years if their second refusal is within 5 years of their first. First DUI/DWI conviction results in; 10 days in jail, $250 fine, a 90 day suspention of your license by the MVD, counseling, and possibly probation. Second DUI/DWI offense within 5 years of the first results in; 90 days in jail, $500 fine, a 1 year license suspention, alcohol counseling, installation of an ignition interlock device on your car, and possibly probation. If you are arrested with a blood alcohol level above .15% the punishment is much harsher. It includes; 1 month in jail, $250 fine, 90 day suspention of your license, alcohol counseling, ignition interlock device installed on your car, and possibly probation. For a second DUI/DWI conviction with BAC above .15% within 5 years of your first, the punishment includes; 120 days in jail, $500 fine, 1 year license suspention, alcohol counseling, ignition interlock device on your car, and possibly probation. A third DUI/DWI offense results in a Felony charge. Your first conviction can result in; 4 months in jail, up to $150,000 in fines, 3 year license suspention, alcohol counseling, vehicle forfeiture, and possibly probation. Driving impaired with a person under 15 years of age is also classed as a Felony. It can result in; jail time comparible to that assigned to a misdemeanor conviction, up to $150.000 in fines, a 3 year license suspention, vehicle forfeiture, alcohol counseling, and possibly probation. A person has 15 days from the day of their arrest to request a MVD hearing. |