If you have been accused of driving under the influence (DUI) in Phoenix or its surrounding areas in Maricopa County, the first thing you must understand is that in Arizona, DUI laws have harsh penalties if you are convicted.

This is why having an experienced Phoenix DUI attorney on your side from the start is so important. 

If you have been charged with a DUI in Arizona, a DUI defense lawyer from Rosenstein Law Group can help you navigate the criminal justice system. We are the only law firm in Northern and Central Arizona that has certified DUI and Criminal Law Specialists as dedicated attorneys on its staff. 

Call us at (480) 248-7666 any time, any day, to schedule a free initial consultation with a Phoenix DUI lawyer.

Types of DUI Offenses in Arizona

Arizona laws have increasing degrees of punishment for increasing levels of intoxication. The measure of these intoxication levels is your blood alcohol concentration (BAC). 

Misdemeanor Arizona DUI Classifications

The three main types of Arizona DUI, based on BAC levels, are per se DUI, extreme DUI, and super extreme DUI.

Per Se DUI

For most people, the threshold BAC level in Arizona to be charged with DUI is 0.08. A DUI is misdemeanor-level if the BAC level is between 0.08 and 0.14. For holders of commercial drivers’ licenses, this minimum level drops to 0.04. 

For example, if a truck driver with a valid CDL gets stopped while on the job and provides a chemical test that reveals a blood alcohol content of 0.04 or more, the driver could be potentially convicted of a DUI. 

Extreme DUI

An extreme DUI charge becomes possible when the BAC level is 0.15 to 0.19.

Super Extreme DUI

A BAC level above 0.20 can result in a super extreme DUI charge.

Arizona Felony DUI Classifications

In addition to the three main kinds of DUI charges above, Arizona law recognizes some forms warrant their own special classifications. 

These include Aggravated DUI and Underage DUI.

Aggravated DUI

Some aggravating circumstances can turn a misdemeanor DUI into a felony-level aggravated DUI charge. These include:

  • A DUI while a passenger less than 15 years of age is in the car.
  • Driving while your license is suspended or revoked.
  • Driving without a vehicle ignition interlock device installed when one is required.
  • Receiving a third DUI within the past seven years.
  • Causing an accident while intoxicated.
  • Wrong-way driving while under the influence (even if the DUI is the driver’s first offense).

Underage DUI

Because it is illegal in Arizona for a person under the age of 21 to consume alcohol, any detectable BAC level is sufficient to qualify as an underage DUI.

Arizona DUI Penalties

The two main punishments for a DUI charge are fines and incarceration. These punishments escalate along with the severity of the underlying conviction.

Per Se DUI Penalties 

Penalties for a per se DUI conviction vary depending on the circumstances. The most important consideration is whether the conviction is your first one or if you have had one or more prior DUI convictions.

Penalties for a First-Time Per Se DUI Conviction

The possible punishments for a first-time per se DUI include:

  • A jail sentence of up to six months. This includes a minimum term of 10 days, although the court has the discretion to suspend up to nine of those if you complete a court-ordered alcohol and drug education or treatment program.
  • Fines of at least $1,250, plus possible additional costs and surcharges connected to incarceration and probation.
  • A 90-day driver’s license suspension.
  • Attendance of a state-approved Traffic Survival School course.
  • Up to five years of probation.
  • If the DUI was alcohol-related, then you may be required to have a vehicle ignition lock upon completion of any alcohol and drug education, treatment, and screening program. For a drug DUI, the court in its discretion can order the use of an ignition lock device.
  • A requirement to purchase SR22 insurance, a special form of liability insurance.
  • A possible community service obligation.

Penalties for a Second Per Se DUI Conviction

If you have a prior DUI conviction dating to within 84 months of a subsequent per se DUI conviction, then the possible penalties for the new conviction increase as follows:

  • A minimum jail sentence of 90 days, although the court can suspend 60 days of that sentence if you complete a court-ordered alcohol or other drug screening, education or treatment program. The maximum jail sentence for a second DUI is six months.
  • You might have to pay more than $3,000 in fines, fees, surcharges, incarceration costs, and probation fees.
  • Attendance of a state-approved Traffic Survival School course.
  • A driver’s license revocation for one year.
  • Probation for up to five years.
  • If the DUI was alcohol-related, then a requirement to use a vehicle ignition lock for one year. For a non-alcohol DUI, the court in its discretion can order the use of an ignition lock device.
  • A possible SR22 insurance requirement.
  • At least 30 hours of community service.

Extreme DUI Penalties

An extreme DUI carries the same kinds of penalties as a misdemeanor DUI, only the punishments are more severe. Also similar to misdemeanor DUI is the increasing severity of punishment for a subsequent extreme DUI charge after an earlier DUI conviction.

Penalties for a First-Time Extreme DUI Conviction

For the first extreme DUI conviction, the following sanctions apply:

  • A minimum jail sentence of 30 days, with a maximum sentence of up to six months. If you agree to have an ignition interlock device installed in your vehicle for one year, then the court can suspend all but nine days of the minimum sentence.
  • At least $2,500 in fines, fees, surcharges, incarceration, and probation costs.
  • A license suspension for 90 days.
  • A requirement to attend alcohol or drug education and be subject to drug screenings.
  • Probation for up to five years.
  • A possible community service requirement.
  • A possible SR22 insurance requirement.
  • Requirement to have a vehicle interlock device installed for one year. Note that starting at this level and for all higher levels, there is no distinction between an alcohol-related DUI and a drug-related one.

Penalties for a Subsequent Extreme DUI Conviction

An extreme DUI conviction that follows a prior DUI conviction within the past 84 months triggers enhanced penalties.

  • A minimum jail sentence of 120 days, all of which must be served and at least 60 of which must be served consecutively. The maximum jail sentence for this subsequent offense is six months.
  • More than $3,500 in penalties, fees, surcharges, and costs of incarceration and probation.
  • A one-year license revocation.
  • A one-year ignition lock requirement after the license revocation is over.
  • Probation for up to five years.
  • At least 30 hours of community service.
  • Alcohol and drug education requirements and be subject to drug testing.

Super Extreme DUI Penalties

A super extreme DUI conviction is the next step up in penalty levels for driving under the influence. Super-extreme follows the same pattern as misdemeanor and extreme DUIs: penalties become more severe if you have a prior DUI conviction.

Penalties for a First-Time Super Extreme DUI Conviction

Here is what you can expect on a first-time super extreme DUI conviction:

  • At least 45 days in jail, with a maximum sentence duration of six months. If you agree to have an ignition interlock device installed in your vehicle for one year, then the court can suspend all but 14 days of the minimum sentence.
  • More than $3,000 in fines, fees, surcharges, and costs for incarceration and probation.
  • A license suspension for 90 days.
  • A possible community service requirement.
  • Probation for up to five years.
  • Alcohol and drug education and drug testing.
  • A vehicle interlock requirement for 18 months.
  • Possible requirement to carry SR22 insurance.

Penalties for a Subsequent Extreme DUI Conviction

A super extreme DUI conviction that comes within 84 months of an earlier DUI conviction carries more severe penalties, including:

  • A jail term of 180 days.
  • More than $4,500 in fines, fees, surcharges, and incarceration and probation fees.
  • A one-year driver’s license revocation.
  • Up to five years of probation.
  • At least 30 hours of community service.
  • A two-year vehicle ignition interlock requirement.
  • A possible SR22 insurance requirement.
  • Attendance at alcohol and drug education and be subject to drug screening.

Penalties for DUI With a Passenger Under Age 15

A DUI that occurs with a child less than 15 years old in the vehicle is a class 6 felony in Arizona. As with all felony convictions, the harshness of the punishments is substantially greater than with a misdemeanor DUI charge.

  • A minimum sentence of 10 days in jail, although the court may suspend up to nine of those days.
  • A maximum incarceration period of up to two years in an Arizona state prison.
  • A license revocation for three years.
  • Probation for up to 10 years.
  • More than $4,600 in fines, fees, surcharges, and costs for incarceration and probation.
  • A possible SR22 insurance requirement.
  • Attendance at alcohol and drug education and a drug testing requirement.
  • Having your DNA taken.
  • Participation in a Victim Impact Panel.

Penalties for Underage DUI

There are two main legal differences between an underage DUI conviction and an adult misdemeanor DUI. One is that an underage DUI does not impose any minimum fines or jail sentences. Instead, the law allows for a jail sentence of up to six months and a fine of up to $750.

The other difference is that an underage DUI can result in a mandatory two-year restricted driver’s license and required installation of an ignition interlock device.

Another characteristic of underage DUI is that it often is but one charge of multiple charges that can arise from the same facts. For example, possession of alcohol by a minor is illegal, as is distributing alcohol to underage passengers in a vehicle. Using false identification to purchase alcohol is a crime. An adult driver with underage passengers who consume alcohol could even be subject to a charge of child endangerment.

Lastly, in a case where an underage DUI occurs in connection with a fatal motor vehicle accident, this can lead to a felony charge of vehicular manslaughter and possible adult charges for teenagers aged 14 to 17.

misdemeanor arizona dui classifications

Felony Aggravated DUI Penalties

Multiple levels of punishment exist for aggravated DUI.

Penalties for Aggravated DUI

An aggravated DUI involving driving on a suspended or revoked license, not having an ignition interlock device when one is required, driving the wrong way on an Arizona highway, or having two prior DUI convictions can trigger the following class 4 felony punishments.

  • At least four months of jail time, up to three-and-three-quarter years. If you have been convicted of a fourth or subsequent DUI in Arizona within 84 months, then the minimum sentence increases from four months in jail to at least eight months.
  • Up to 10 years of probation.
  • About $4600 in fines, fees, surcharges, and other fees connected with incarceration and probation.
  • Driver’s license revocation for one year.
  • A two-year ignition interlock device requirement for an alcohol-related DUI. If the DUI is drug-related, the ignition interlock device installation is optional at the discretion of the court.
  • 8 points added to your Arizona Motor Vehicle Department record.
  • Possible community service requirement.
  • Traffic Survival School requirement.
  • Attendance of alcohol and drug education and being subject to drug testing.
  • Participation in a Victim Impact Panel.
  • A permanent felony conviction on your record.

Aggravated DUI Penalties for DUI With a License Suspension, Revocation, or a Third DUI

Convictions for these offenses (the third DUI conviction taking place within 84 months of the first one) are class 4 felonies under Arizona law and come with severe penalties. You can expect to see the following punishments and sanctions:

  • At least four months in an Arizona state prison, up to 3.75 years in prison. Prior convictions for other, additional felonies can result in the prison sentence becoming even longer.
  • The same financial penalties as for a class 6 felony above.
  • Up to 10 years of probation.
  • Alcohol and drug education requirements and being subject to drug testing.
  • A two-year ignition interlock device requirement.
  • A possible community service obligation.
  • Having your DNA taken.
  • Participation in a Victim Impact Panel. This is a forum where victims of DUI accidents describe the effects those events had on their lives, as a way to raise awareness among those convicted of DUI of the potential consequences of their acts.
  • Possible participation in a court-ordered DUI Program.

DUI Holiday Task Force Tips

Police agencies across Arizona, including Phoenix, often join to form DUI task forces on certain days of the year. These task forces often result in an increase of drivers getting stopped for DUI investigations. Here are the most common days that law enforcement will assemble their task force units:

  • New Year’s Eve
  • Easter
  • Cinco de Mayo
  • Memorial Day
  • 4th of July
  • Labor Day
  • Thanksgiving
  • Christmas 

Additionally, these task forces are implemented near the start of a school year, during spring and winter breaks, sporting events at Arizona State, Phoenix Suns games, Arizona Cardinal football games, and days that involve either Barrett Jackson or the Phoenix Waste Management Open

DUI Defenses in Phoenix

Defending against a DUI charge can seem like an impossible task, especially if the police have BAC evidence against you. As our experienced DUI defense attorneys can attest, however, your situation may not be hopeless. Police are human beings, and human beings can make mistakes. 

These errors can violate your rights under the United States Constitution and the Arizona state constitution, including your right to be secure against unreasonable searches and seizures, your right to privacy, and your ability to effectively defend yourself in court.

Courts in Arizona are not very forgiving of police or prosecutor mistakes in DUI cases. They have to get it right to get a conviction. Accordingly, depending on the facts of your DUI arrest and other considerations afterward, you may have one or more defenses against a DUI charge in Phoenix. We examine some frequently-used DUI defenses below.

Was Your DUI Arrest Valid?

Police must be careful to follow established procedures when stopping and arresting a driver for suspected DUI. Failing to follow these procedures, starting with the criteria to decide whether to make a DUI traffic stop, can be fatal to a DUI prosecution.

For example, did the police officer have sufficient grounds to stop you in the first place? What were the grounds for reasonable suspicion that you were driving under the influence? If you were subjected to DUI field sobriety tests, did the officer perform these properly? 

If the officer arrested you for DUI while you were in a parked vehicle trying to “sleep it off,” can you argue that you were only using the car to shelter in instead of being in control of it? 

Any deviation from accepted police procedures when determining reasonable suspicion to stop you or probable cause to arrest you for DUI can be fatal to the government’s DUI case against you.

Is the DUI Evidence Against You Sufficient?

Not all the DUI evidence the police claim to have against you is necessarily admissible in court. 

If the police officer makes a mistake in gathering evidence, or later on the police chain of custody for the evidence breaks down and allows the possibility that the evidence has been compromised, these are defenses that, if successful, could preclude a DUI conviction against you. Many times, officers are in a rush and produce reports that copy exact language from previous reports, resulting in police report inconsistencies.

For example, if the police officer who administered your field sobriety tests was not properly trained to administer them, or if the officer who used a breathalyzer to measure your BAC level was not properly trained to use it or to calibrate it, these deficiencies can call into question the validity of the test results.

Were your Constitutional Rights Ignored or Violated? 

Trained officers are required to provide an arrested driver with their Miranda Rights before asking any investigation questions. Officers are also required to provide the driver with the opportunity to contact and obtain an attorney in private. Additionally, the police are required to inform people that they have a right to an independent chemical test as quickly as possible. 

When officers fail to provide Miranda warnings, ignore a driver’s request to speak to an attorney, or fail to properly advise a driver of his or her right to an independent chemical test, evidence can be suppressed and the case may be dismissed as well.

How a Phoenix DUI Lawyer Can Help You

If our description of Arizona DUI laws and all their variations above does nothing else for you, it should make clear that defending yourself in Maricopa County Superior Court against a DUI charge in this state is a high-risk strategy. 

DUI laws may seem conceptually simple at first glance, but they can be complex to understand in their details, especially in a courtroom against a prosecuting attorney who knows those laws well.

Having a trained and experienced Arizona DUI lawyer to represent you in court cannot guarantee you an acquittal in a DUI case. The state will always have powerful resources to use against you, including technology, witness testimony, and taxpayer funding. But an experienced Phoenix DUI attorney from the Rosenstein Law Group can help even the odds in your favor.

An experienced DUI lawyer, like one of our Phoenix DUI attorneys, will know what it takes to prepare your best possible aggressive DUI defense. 

  • We will do an intensive investigation of the facts of your case, from the decision to stop you in your car, the grounds for your arrest, the evidence the prosecution has against you, and the procedures the police and prosecutors use to collect and protect evidence in their custody.
  • We ensure you do not lose your DUI defense because of avoidable mistakes. With one of our lawyers on your side, you will never miss a court filing deadline. We will also make sure that in any settlement negotiation, the prosecution will respect you and treat you fairly.
  • Our Phoenix DUI lawyers are not passive in your defense. We do not simply try to answer the charges against you. We will find and raise every affirmative defense available to you in plea negotiation and at trial.

The stakes for you in a DUI case are too high to leave to chance. If you are convicted, the loss of freedomnot just time spent in jail or prison, but also the inconveniences of license revocations or restrictions, ignition interlock devices, and possible community service and probationand the financial costs are only the beginning of the negative effects on you.

A felony DUI conviction, in particular, can haunt you for years after the event, because the conviction stays on your record. It can affect your ability to find employment. It can make it harder and more expensive for you to find car insurance. If you are seeking a professional license, it can complicate your efforts. 

If you are facing a DUI charge in Phoenix or anywhere else in Arizona, then put one of our high-quality, experienced Phoenix DUI lawyers on your side. Call our Phoenix DUI attorneys today at (480) 248-7666 to set up a free initial consultation. We will review the charges with you, explore the facts, and make recommendations for what to do next in preparing your legal defense.

If you prefer, you can contact Rosenstein Law Group online as well as by phone. Either way, do not wait to get started. Help us to help you prepare your DUI defense by calling us today.

COMPLETE THE FORM BELOW FOR A FREE CONSULTATION

  • All fields required *
  • This field is for validation purposes and should be left unchanged.
  • This field is for validation purposes and should be left unchanged.

Practice Areas