Frequently Asked Questions about DUI Charges
Scroll down this page to learn more about DUI in the state of Arizona.
What are the typical types of Arizona DUI charges?
There are several types of DUI charges. A person can be charged with up to four (4) different charges stemming from one DUI arrest. There are three different classifications of drinking and driving offenses.
If a driver submits to a chemical test which results in an alcohol concentration of .08 or more, he/she will be charged with two (2) offenses: 1) driving or being in physical control of a motor vehicle while under the influence of intoxicating liquor, drug, vapor or any combination thereof; and 2) driving or being in physical control of a motor vehicle with an alcohol concentration of .08 or more within two hours of driving. If a driver submits to a chemical test which results in an alcohol concentration of .15 or more, he/she will be charged with three (3) offenses:
The majority of DUI cases are a first offense by a person who had a valid driver's license at the time of the offense. If you have a prior DUI conviction or if your driver's license was suspended, revoked, cancelled, refused, or restricted at the time of the alleged DUI offense, you might be facing more serious charges than the first time DUI offender. What are the common types of court hearings in a DUI case?
Arraignment
In misdemeanor cases, the defendant can often avoid appearing for the arraignment by hiring an experienced DUI defense attorney. If a person does not have an attorneys, the court will advise him/her of his/her right to appointed counsel, and of his/her other basic rights. In felony cases, a person must appear at their arraignment regardless of whether or not they have an attorney. At the hearing a person is informed of the charges and a plea of not guilty is entered. Typically, the Judge will not decide any release issues, such as whether or not the bond amount will be increased or decreased. Police reports are usually given to the defense attorney after arraignment. Preliminary Hearing A preliminary hearing is necessary in a felony case is there is not an indictment. At a Preliminary Hearing, a Judge determines whether or not there is sufficient evidence or probable cause to support the charges against a person. Typically, the Courts in Tucson do not have preliminary hearings and the County Attorney’s Office obtains a grand jury indictment prior to the Preliminary hearing date. Pre-Trial Conference or Case Management Conference Some Courts call the first hearing before the assigned Judge a “pretrial conference” and some call it a “case management conference.” They are generally the same type of hearing. At the pretrial conference/case management conference, attorneys negotiate with the prosecuting attorney in order to obtain the best possible "deal" or plea for the defendant. The State is not required to offer a plea deal, but if one is offered, the defense attorney is required to discuss the deal with the client. It is then solely the client’s choice to accept or reject the plea. A "plea deal" might include a person agreeing to a lesser charge and/or lesser punishment and/or the number of charges may be dropped and/or alternative sentencing may be imposed. Defense attorneys may also file Pre-Trial Motions at or before the court hearing, which may assist in dismissing charges or changing the prosecution's position. Evidentiary Hearing After an attorney files pre-trial motions, an evidentiary hearing is scheduled. At an Evidentiary Hearing, the Judge hears testimony from witnesses and/or police officers regarding the issues raised in the defense pre-trial motions. An evidentiary hearing will take anywhere from 30 minutes to 1 day depending on the legal issues. Trial A person charged with DUI, has the right to have a jury trial. A jury trial typically last 1-3 days. The trial normally proceeds in the following order: First, a jury will be selected. During jury selection, the judge, the prosecutor, and the defense attorneys will ask the prospective jurors a series of questions designed to reveal strong biases, either for or against either side. After those people with strong biases have been removed from the jury panel, the prosecutor and the defense attorneys will have the right to remove a set amount of people from the remaining panel to reach the required amount of jurors. Second, the prosecutor and then the defendant’s attorneys will present opening statements to the jury outlining each side’s theory of the case and what they feel the evidence will show. Next, the prosecutor must introduce evidence in the form of testimony or exhibits to prove the charges. For each prosecution witness, the prosecutor will first ask questions of the witness and then the defense attorney will cross-examine that witness. After the prosecutor has presented all of their evidence, the defendant’s attorneys may or may not present evidence in defense of the defendant. A defendant may testify, but under no obligation whatsoever to either testify or produce any witnesses. After the conclusion of the defendant’s presentation of evidence, the prosecutor is allowed to present additional evidence to rebut any evidence presented by the defense. After all of the evidence is presented by both sides, the prosecutor and the defense attorney make their closing arguments. Thereafter, the jury will deliberate and issue its decision. If a person is found guilty of any charges, the judge will proceed with sentencing. |
What is involved in a 1st Offense DUI?
In Arizona, a first offense DUI is a Class 1 Misdemeanor criminal offense. A person is commonly charged with A.R.S. §28-1381(A)(1) and/or A.R.S. §28-1381(A)(2) and/or A.R.S. §28-1382.
If convicted of a first offense DUI, there is a minimum mandatory jail requirement of ten to forty-five days with a maximum jail term of six months. If your alcohol content is below a 0.15%, the law requires a minimum jail sentence of 10 days but the Judge can suspend up to 24 hours. If your alcohol content is above a 0.15%, the law requires a minimum jail sentence of 30 days (commonly referred to as an “extreme DUI”). If your alcohol content is above a 0.20%, the law requires a minimum jail sentence of 45 days (commonly referred to as a “Super Extreme DUI”). You can also be fined from $250.00 to $2,500.00 plus surcharges and placed on probation for up to five years. In addition to fines, a person must pay $500.00 or $1500.00 to the prison construction fund pursuant to A.R.S. §28-1383 (J)(4)) and $500.00 or $1500.00 to the State Treasury Fund pursuant to A.R.S. §28-1383 (J)(5). A person who is convicted of a first offense DUI must install and maintain a vehicle interlock device on all personal vehicles they drive for a period of at least six months to one year following the restoration of their driver's license. What is involved in a 2nd Offense DUI?
If you have previously been convicted of DUI in the past seven years, you will be facing stiffer penalties.
If you have one prior DUI within seven years and your alcohol content is below a 0.15%, the law requires a minimum jail sentence of 90 days with a maximum term of up to six months. The Judge can suspend up to 30 days in jail. If your alcohol content is above a 0.15%, the law requires a 120 days in jail, 60 days of which must be served consecutively, with a maximum term of up to six months. If your alcohol content is above a 0.20%, the law requires a minimum jail sentence of 180 days, 90 of which must be served consecutively, with a maximum term of up to six months. A second DUI conviction within seven years also requires a minimum one-year driver's license revocation. Revocation is more serious than suspension. To become a valid driver in Arizona after a revocation, you must reapply for your license and be approved. You can also be fined from $750.00 to $2,500.00 plus surcharges and placed on probation for up to five years. In addition to fines, a person must pay $1500.00 to the prison construction fund pursuant to A.R.S. §28-1383 (J)(4)) and $1500.00 to the State Treasury Fund pursuant to A.R.S. §28-1383 (J)(5). The law also requires a person who is convicted of a second offense DUI to install and maintain a vehicle interlock device on all personal vehicles they drive for a period of at least one year following the restoration of their driver's license. What is involved in an Aggravated DUI with a Child Under Age 15 in the Vehicle?
If you get a DUI and you have a child under 15 years of age in the vehicle, the offense is a Class 6 Felony.
In this type of Aggravated DUI, the lawyers for the State of Arizona will normally file felony charges, and will file a separate felony charge for each child in the vehicle if there was more than one. A Class 6 Felony carries a presumptive one-year prison sentence in the Department of Corrections, with a mitigated sentence of six months and an aggravated sentence of 1.5 years. A Class 6 Felony Aggravated DUI does not carry a minimum jail term other than the normal DUI minimum sentences. A Class 6 Felony Aggravated DUI conviction also requires a minimum three year driver's license revocation that will not be reinstated without an application to and approval by the M.V.D. The Ignition Interlock Device is also required upon conviction for at least one year. What is involved in an Aggravated DUI with Two Prior Convictions in the Past 5 Years?
You can also be charged with Aggravated DUI if you have two prior misdemeanor DUI convictions in the past seven years.
The law requires a mandatory prison term upon conviction and work release is not allowed. County jail is not available under law and the presumptive prison term is two and one-half years. The minimum mandatory prison term is four months to be followed by a term of supervised probation. An Aggravated DUI conviction also requires a mandatory minimum three year driver's license revocation. The Ignition Interlock Device is required upon conviction for at least one year and it is also possible that the vehicle used may be subject to forfeiture to the State of Arizona. What is involved in an Aggravated DUI with No Valid Driver's License?
If you get a DUI and you do not have a valid driver’s license, this is Class 4 Felony. The law requires a mandatory prison term upon conviction and work release is not allowed. County jail is not available under law and the presumptive prison term is two and one-half years. The minimum mandatory prison term is four months to be followed by a term of supervised probation.
An Aggravated DUI conviction also requires a mandatory minimum three year driver's license revocation. The Ignition Interlock Device is required upon conviction for at least one year and it is also possible that the vehicle used may be subject to forfeiture to the State of Arizona. |
What should I do if I am stopped for a DUI in Arizona?
What about MVD issues such as points, suspension, contesting a suspension, and getting my Driver's License reinstated?
Any person who operates a motor vehicle within the State of Arizona and is arrested for an offense related to drinking and driving is presumed to have given consent to a test of his/her breath, blood, urine or other bodily substance, for the purpose of determining alcohol concentration. The police officer has the authority to decide what type of test the driver must complete and the power to require more than one type of test.
MVD Points A DUI conviction will also result in 8 points being assessed against your driver’s license. If a person accumulates 8-12 points, the Driver must attend Traffic Survival School. If the driver refuses to take the class, they will receive an automatic 6 month suspension. If a person accumulates 13-17 points, they will receive a 3 month suspension. The points are kept for one year from when the first citation is issued. Driver’s License Suspension If you voluntarily agreed to take the breath or blood test(s) designated by the officer and the test results indicate an alcohol concentration of .08 or more for a non-commercial driver's license, then a driver’s privileges may be suspended for 90 days. If a driver refuses to successfully complete the breath or blood test requested by the officer, the driver's privileges to drive maybe suspended for twelve (12) months. A person will be granted a restricted permit to be used for work, school and medical reasons for the last 60 days of the 90-day suspension if the driver did not cause serious physical injury to another person, has not been convicted of a prior drinking and driving charge in the past 7 years, and has not had his/her privilege to drive suspended for a prior drinking and drinking charge. A person can receive a restricted driver's license for a 12-month suspension for a refusal to take the designated test(s) after serving a 90-day suspension if he/she installs an ignition interlock device on their vehicle. Contesting an MVD Suspension If MVD determines that a suspension is warranted, it will commence fifteen days from the date it is issued. However, the suspension will be stayed if the driver requests either summary review or a hearing within fifteen days of the date of issuance. If summary review is requested, the driver submits a written argument as to why his/her driving privilege should not be suspended. The driving privilege will remain in effect for at least twenty days from the date of the request. The documents will be reviewed without a hearing and the driver will be notified of the decision within twenty days of the request. If a hearing is requested, the suspension is stayed and the driver is considered to have a valid license at least until the day of the hearing. An M.V.D. Hearing is a separate process than the criminal case. If the driver refused to successfully complete a test of his or her breath, blood, urine or other bodily substance and a hearing is requested within 15 days, then the State must prove that the officer had reasonable grounds to believe that the person charged was driving a vehicle while under the influence; that the person was placed under arrest; that he/she was informed of the consequences of refusal; and that he/she refused to submit to the test(s). At a hearing in a non-refusal case, the State must prove that the officer had reasonable grounds to believe the person was driving a vehicle while under the influence; that the person was placed under arrest; that a valid and reliable test was completed and it indicated a result of .08 or more for a non-commercial license, or .04 or more for a commercial license while driving a commercial vehicle; and that the result was accurately evaluated. Reinstating Your Driving Privileges At the end of driver’s license suspension, a person’s driving privileges will not automatically reinstate. The driver must pay a reinstatement fee to the Department of Motor Vehicles to have his/her privilege reinstated. Otherwise, his/her privilege to drive is still considered to be suspended. If a driver’s license is not properly reinstated, a driver may suffer stiffer penalties should the driver commit another driving offense while his/her license is still considered suspended. |
What is the "Work Release" program?
First and second-time offenders are typically 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 up to twelve hours per day, and not more than six days per week. However, a person cannot commence a work release program until he/she has served at least 24 or 48 consecutive hours in jail. I am able to obtain work release for many of my clients. Work release is not available if you are convicted of Aggravated DUI. However, sometimes a plea to a lesser charge can be negotiated that permits work release. What should I know about the "Ignition Interlock Device" or "IID"?
If a person is convicted of a DUI, the law requires the use of an Ignition Interlock Device (IID) on all of his/her personal vehicles for a certain period of time.
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. T he 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.
What is an "Alcohol Evaluation"?
If you have pled guilty or been convicted of a DUI offense, you will have to complete an alcohol/drug evaluation. The various courts have preferred providers. The court or the probation department will instruct you where to go for your evaluation. Some courts require a person to complete an alcohol/drug evaluation prior to pleading guilty. Other courts will give you five (5) days from your court hearing to contact the evaluator and schedule an appointment.
At your appointment, bring your citation with your Blood Alcohol Content. At your evaluation, you will be evaluated Level II or Level I. Level II means you have to take 16 hours of education. Level I means you have to take the 16 hours of education and 20 hours or more of counseling. The evaluator will give you a list of agencies where you can do your counseling or education. The prices can be as low as $200.00 and as high as $400.00, so look over the list. Criteria you might want to consider in selecting an agency include cost, session times, and location. You have the right to pick any State Licensed Agency you want. The evaluator may not tell you where to go unless you have a probation officer that wants you to go to a specific agency. The court will typically give you five (5) days from your evaluation to contact your selected agency. |