There
are three different classifications of drinking and driving offenses.
First, it is unlawful to drive or be in control of a motor vehicle,
while under the influence of intoxicating liquor, drug, vapor, or any
combination thereof, and impaired to the slightest degree.
Second, it is unlawful to drive or be in control of a motor vehicle
with a BAC (blood alcohol concentration) of .08% or more within two
hours of driving. Thirdly, it is unlawful to drive or be in control of
a motor vehicle with a BAC (blood alcohol concentration) of .15 % or
more within 2 hours of driving. These are all separate
charges. A driver can be charged with one, two or all three.
Usually, if a driver submits to a chemical test, which results in an
alcohol concentration of .08 or more, he/she will be charged with the
first two offenses, and if it is over .15% then all three. If a driver
refuses to submit to a chemical test and none is performed
non-consensually, he/she will only be charged with driving under the
influence (assuming the officer has enough evidence to establish
probable cause for the arrest). A person charged and convicted of
any one of the aforementioned is guilty of a class one misdemeanor.
Substance Abuse Screening
If
convicted, a first-time offender must complete an alcohol abuse
screening. If the court or the screening facility determines that the
offender would benefit, the court may order the offender to obtain
counseling, education, or treatment. If the offender has the financial
resources to pay all or part of the screening, counseling, education,
or treatment, then the court shall order him/her to do so. All programs
must be approved by the Department of Health Services.
Arizona
Penalties for DUI - First Time Offender. The statute requires the court
to sentence a first-time offender to serve not less than 10
consecutive days in jail. However, the court may suspend all but 24
consecutive hours of the sentence, if the offender completes an alcohol
abuse screening. Since the statute stipulates consecutive hours, the
court cannot give credit for any time served on the day of the arrest.
The
statute, plus surcharges, also require a fine of not less than one
thousand four hundred fifty dollars ($1,450.00), plus potential
administrative fees and court costs. The court may also order the
offender to perform up to 40 hours of community service and attend
a class sponsored by Mothers Against Drunk Driving, known as the Victim
Impact Panel. Usually the offender will also be placed on 12
months of probation as well.
Penalties For a Second Offense
A
person convicted of a second DUI offense within 60 months of the
first, or a first offense and has previously been convicted in another
state for a first offense that complies with an Arizona law, is guilty
of a class one misdemeanor. The dates of commission of the offenses are
the dispositive dates in determining the 60-month period. A second-time
offender is subject to the same sanctions as a first-time offender
regarding an alcohol screening, counseling, education, treatment, and
payment.
The
statute requires the court to sentence a second-time offender to serve
not less than 90 days in jail. The court may suspend all
but 30 days of the sentence, if the person completes a
court-ordered alcohol screening, counseling, education, and treatment
program. If the person fails to follow through with counseling,
education, or treatment, the court will issue an order compelling the
person to show cause why the remaining 60 days should not be
served. Thirty days must be served consecutively, unless the sentence
includes a provision for work release, which is discussed below; then
the requirement is reduced to 48 consecutive hours. The
statute and surcharges requires a fine of not less than
three-thousand-four hundred dollars ($3,400.00), plus administrative
fees and court costs. The court may also order community service,
the Victim Impact Panel, and supervised probation.
Extreme DUI - First Offense
It
is unlawful to drive or be in actual physical control of a motor
vehicle with an alcohol concentration of .15 or more. Any person
convicted of extreme DUI shall be sentenced to serve not less
than 30 consecutive days in jail; to pay a fine with surcharges of
at least two-thousand-seven-hundred dollars ($2,700.00), plus
assessments and administrative costs; to complete an alcohol screening
and treatment; and may be ordered to complete community service. Under
certain circumstances, the court may reduce the jail time to ten
consecutive days.
Extreme DUI - Second Offense
If
any person is convicted of extreme DUI and has previously been
convicted of extreme DUI or a non-extreme DUI, then the court shall
order a jail term of 120 days, of which, 60 days shall be served
consecutively. Probation or a suspension of the jail term is not
available unless the entire sentence is served. The court will also
order a fine with surcharges of at least three-thousand-six
hundred-fifty dollars ($3,650.00), plus assessments and administrative
costs, an alcohol screening and treatment, a revocation of driving
privileges for one year and may order community service.
Work Release Programs
First
and second-time offenders are eligible for work release. Whether or not
a person’s sentence will include work release is left to the discretion
of the court. If a person is employed or is a student, the court may
permit the person to be released from jail only long enough to complete
the actual hours of employment or studies, up to 12 hours per day,
and not more than five days per week. However, a first-time offender
cannot commence a work release program until he/she has served at
least 24 consecutive hours in jail. Likewise, a second-time
offender must serve at lease 48 hours in jail before a work
release program may begin.
Home Arrest
Second-time
offenders may also be eligible for home arrest. There are several
requirements that must be satisfied before a person may be accepted
into this program. Begin working on satisfying those requirements
well before the time of sentencing. The probation department’s approval
is necessary before the court will place someone in the home arrest
program. The home arrest sentence will include 48 consecutive
hours in jail, 13 days on work release, and 45 days of home
detention. The person will be allowed to leave the home to work, attend
school, or attend treatment.
Aggravated DUI - Class IV Felony
A
person convicted of an aggravated drinking and driving offense is
guilty of a class four felony. Either driving under the influence or
driving with a blood alcohol content of .08 or more will be considered
an aggravated offense, if it is committed, while the person’s license
is suspended, canceled, revoked, refused, or restricted, and the state
can prove that the person knew the status of his or her driving
privileges. Likewise, if a person is convicted and has been previously
convicted of two prior drinking and driving offenses in Arizona, or in
any other state where the law complies with Arizona law, with all of
these offenses occurring within 60 months, the last conviction will
result in an aggravated sentence. The dates of commission of the
offenses are the dispositive dates in determining the 60-month
period.
Penalties For Aggravated DUI
An
aggravated sentence includes a minimum of four months in prison.
Probation, suspension of sentence, or release on any other basis is not
available until the person serves at least four months.
The
sentence will also include up to 10 years supervised probation and
alcohol screening, counseling, education, and treatment. If the person
fails to complete the screening, counseling, education, or treatment,
the court may re-sentence the person to an additional term ranging from
four months to one year. Should the person’s probation be revoked
he/she will not receive any credit for the time served when
re-sentencing occurs. The court may also impose a fine up to one
hundred fifty thousand dollars ($150,000.00).
A
person convicted of either driving under the influence or driving with
a blood alcohol content of .10 or more who has three or more prior
convictions within the last 60 months is guilty of a class four
felony. The sentence will be similar to the one stated above in that
the person must serve a minimum of four months in prison. However, if
this person does not complete any court ordered alcohol screening,
counseling, education, or treatment the court may re-sentence him/her
to an additional term ranging from eight to 12 years. If a person
is convicted of an aggravated drinking and driving offense, the court,
in addition to all of the aforementioned sanctions, may order the motor
vehicle owned and operated by the person at the time of the offense
forfeited in the same manner as provided under Title 13, Chapter 39.
Interlock Devices
If
any person is convicted of extreme DUI or aggravated DUI, then the
court may order the installation of an interlock device on any vehicle
to be operated by that person. An interlock device connects a
breathalyzer to the vehicle’s ignition system. The device will prevent
the vehicle from starting unless the driver blows into the device and
the person’s alcohol concentration is below a preset level. The costs
for installation and maintenance shall be paid by the driver, and the
court may order it to be used from one to three years. The driver will
also be required to show proof of compliance and proof of inspection
for accuracy at least once each calendar year.