Thrush & Clark Phal:
SUMMARY OF ARIZONA'S DUI LAWS
There are two
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. 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. These are separate charges. A driver can be
charged with one or both. 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 both offenses. If a driver refuses
to submit to a chemical test and none is performed nonconsensually,
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 one or both 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 has a substance abuse problem, 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 ten consecutive days in jail. However, the
court may suspend all but twenty-four 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 statutes also require a fine of not less than four hundred
twenty-five dollars plus administrative fees and court costs.
The court may also
order the offender to perform up to forty 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 twelve months of probation as well.
Penalties For a Second Offense
A person convicted of a second DUI offense within sixty 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
sixty-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 ninety days in jail. The court may suspend
all but thirty 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 sixty 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 forty-eight consecutive hours. The statute
requires a fine of not less than eight hundred dollars plus
administrative fees and court costs. The court may also
order community service, the Victim Impact Panel, and supervised
probation.
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 twelve 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 twenty-four
consecutive hours in jail. Likewise, a second time offender must
serve at lease forty-eight 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 forty-eight consecutive hours in jail, thirteen days
on work release, and forty-five 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 sixty months, the last
conviction will result in an aggravated sentence. The dates of
commission of the offenses are the dispositive dates in
determining the sixty 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 ten 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 resentence 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.
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 sixty 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 resentence him/her to an additional term
ranging from eight to twelve 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.
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 thirty consecutive days in jail; to pay a fine of at
least $400.00 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 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 of at least $800.00 plus assessments and
administrative costs; an alcohol screening and treatment; a
revocation of driving privileges for one year; and may order
community service.
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.