1st DUI Offense

Arizona Driving Under the Influence Lawyers: 1st DUI Offense

In Arizona, for a first DUI conviction you may receive the following penalties:

FIRST OFFENSE REGULAR DUI (Misdemeanor)

1)      Driving While Impaired by Drugs, Alcohol or Combination Thereof to the Slightest Degree

CAUTION:  Notice that there is no requirement that you have a particular level of alcohol or drugs in your blood.  This charge merely requires that you have consumed alcohol and/or drugs and that the State can prove that the drugs or alcohol consumed impaired your ability to drive to the slightest degree.

This is a very broad method of charging and if you make admissions that you were impaired by drugs and/or alcohol, the State may be able to prove you guilty.

The penalties include:

  • one or more days in jail
  • fines, surcharges, jail fees, DPS assessments, prison fund fees and other miscellaneous court fees of approximately $2000 or more
  • suspension of your driver’s license for at least 90 days
  • use of an interlock ignition device for at least six months
  • substance abuse screening followed by the recommended counseling
  • attend a Mothers Against Drunk Driving Victim Impact Panel
  • probation for up to five years
  • attend traffic survival school because you have attained eight points on your driver’s record
  • may be ordered by court to perform community restitution

The Legal Jargon:  Arizona revised statutes § 28 – 1381.A.1.

2)      Driving with a Blood Alcohol Content (BAC) of more than .08 but less than .015

The penalties include:

  • one or more days in jail
  • fines, surcharges, jail fees, DPS assessments, prison funds fees and other miscellaneous court fees of approximately $2000 or more
  • suspension of your driver’s license for at least 90 days
  • use of an interlock ignition device for at least six months
  • substance abuse screening followed by the recommended counseling
  • attend a Mothers against Drunk Driving Victim Impact Panel
  • probation for up to five years
  • attend traffic survival school because you have attained eight points on your driver’s record
  • may be ordered by court to perform community restitution

The Legal Jargon:  Arizona revised statutes § 28 – 1381.A.2.

3)      Driving with drugs or their metabolites in your body-even if you are not impaired by that drug.

CAUTION:  Notice that there is no requirement that you have a particular level of drugs in your blood or that you even be impaired by those drugs.  Arizona is so strict on use of the statutorily listed drugs while driving, even if you’re not impaired by the drug, if the chemical test shows that you have the drug or its metabolite in your system – you get a DUI. This charge merely requires that you have the drug or its metabolite in your system.  The State does not have to prove that the drug(s) impaired your driving.  It is a complete defense to a DUI charge if you are using one of the statutorily listed drugs as prescribed by your doctor.

 

The penalties include:

  • one or more days in jail
  • fines, surcharges, jail fees, DPS assessments, prison fund fees and other miscellaneous court fees of approximately $2000 or more
  • revocation of your driver’s license for at least one (1) year
  • use of an interlock ignition device for up to 12 months
  • substance abuse screening followed by the recommended counseling
  • attend a Mothers Against Drunk Driving Victim Impact Panel
  • probation for up to five years
  • attend traffic survival school because you have attained eight points on your driver’s record statutorily
  • may be ordered by court to perform community restitution

The Legal Jargon: Arizona Revised Statutes § 28 1381.A.3.  For a complete list of the drugs you may not have in your system while driving go to Arizona Revised Statutes § 13 – 3401.

FIRST OFFENSE EXTREME DUI (Misdemeanor)

Blood Alcohol Content (BAC) Between 0.15 – 0.199

The penalties include:

  • thirty (30) or more days in jail
  • fines, surcharges, jail fees, DPS assessments, prison fund fees and other miscellaneous court fees of approximately $4,000 or more
  • suspension of your driver’s license for at least 90 days
  • use of an interlock ignition device for up to twelve months
  • substance abuse screening followed by the recommended counseling
  • attend a Mothers Against Drunk Driving Victim Impact Panel
  • probation for up to five years
  • attend traffic survival school because you have attained eight points on your driver’s record
  • possible impoundment of vehicle
  • may be ordered by court to perform community restitution

The Legal Jargon:  Arizona revised statutes § 28 – 1382.A.1.

FIRST OFFENSE SUPER EXTREME DUI

Blood Alcohol Content (BAC) More Than 0.20

The penalties include:

  • 45 or more days in jail
  • fines, surcharges, jail fees, DPS assessments, prison fund fees and other miscellaneous court fees of at least $4000 or more
  • suspension of your driver’s license for at least 90 days
  • use of an interlock ignition device for at least eighteen (18) months
  • substance abuse screening followed by the recommended counseling
  • attend a Mothers Against Drunk Driving Victim Impact Panel
  • probation for up to five years
  • attend traffic survival school because you have attained eight points on your driver’s record
  • may be ordered by court to perform community restitution
  • possible impoundment of vehicle

The Legal Jargon:  Arizona revised statutes § 28 – 1382.A.2.

FIRST OFFENSE AGGRAVTED DUI (FELONY)

Yes, your first DUI can be a felony if you are driving impaired:

1)      while your driver license is suspended, canceled, revoked, refused or on restriction; or

2)      a person under 15 years of age is in the vehicle with you.

The penalties include:

  • one or more days in jail and up to four months in prison
  • fines, surcharges, jail fees, DPS assessments, prison fund fees and other miscellaneous court fees of approximately $2000 or more
  • suspension of your driver’s license for at least one year
  • use of an interlock ignition device for at least one year after reinstatement
  • substance abuse screening followed by the recommended counseling
  • attend a Mothers Against Drunk Driving Victim Impact Panel
  • probation for up to ten (10) years
  • attend traffic survival school because you have attained eight points on your driver’s record
  • possible impoundment of vehicle
  • may be ordered by court to perform community restitution

The Legal Jargon:  Arizona revised statutes § 28 – 1383A1 and A3.

Anyone with a BAC (blood alcohol concentration) of 0.08% or above, fails sobriety tests, or gives law enforcement reason to believe that they are under the influence of alcohol or drugs can be charged with driving under the influence.  Our criminal defense attorneys understand the negative impact that a 1st DUI offense can have on your family, job, reputation and your future hope and dreams.  Our job is to negotiate with the prosecution and try to dismiss or diminish the charges and consequences against you.  We make every effort to offer alternative and creative solutions to the prosecution to minimize the impact of a DUI on our client’s life. For example, where appropriate we will use counseling, voluntary ignition interlock installation on the vehicle, installation, voluntary use of the alcohol anklet. This device is otherwise known as SCRAMx.   This device is placed on our clients and red 24 hours a day. Any alcohol or drugs are detected in the client perspiration, the court is immediately notified.   We at Beauchamp Law Office have used this device to keep our clients out of jail as well as diminish their sentences.   In some cases, our investigation has indicated that the prosecution cannot prove its case or our client’s constitutional rights have been violated resulting in having the charges dropped entirely. As skillful Arizona DUI defense lawyers, our job is to formulate the strongest available defense for your case. We achieve this goal by conducting our own investigation and challenging the evidence against you which would include any breath and blood tests and/or field sobriety tests that may have been administered at the time of your arrest.

Protect Your Reputation and Your Rights!

It is important to remember that you may only have 15 days following a DUI drunk driving arrest to schedule your MVD (Motor Vehicle Division) Hearing to protect your driving rights. Failure to do so will result in an automatic driver’s license suspension for a set period of time. In addition, if your BAC was 0.15% or higher, you may be charged with extreme DUI and your car may have been impounded.

At Beauchamp Law Office P.C., you can expect only the best personal legal defense by a skilled drunk driving lawyer for your 1st offense drunk driving DUI case. We want to answer any questions that you may have and give you a better understanding of what you should expect from the court process and MVD.  We are experienced criminal defense attorneys, and we want you to know that your future is in safe hands with a drunk driving DUI lawyer at Beauchamp Law Office P.C.