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What Will Happen To Me If I Am Convicted Of A DUI For The First Time?

The Amount Of Alcohol In Your Blood Determines Your Penalty

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. These drugs are listed in Arizona Revised Statutes § 13 – 3401. The list is long and includes illegal drugs and prescription drugs and, in some cases, the drug’s metabolite.
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 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.

If you have been charged with a DUI, call the top Phoenix Arizona DUI Attorneys at Oracle Law Group Office today. 480-704-0777