DUI & Criminal Defense

111 East Taylor Street, Suite 120
Phoenix, Arizona 85004

CHAPTER 4:

DUI Penalties

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What Are Penalties?

Yes, Arizona’s DUI penalties are bad.  However, for purposes of getting you to sleep tonight, you should know that most misdemeanor DUI cases DO NOT result in long terms of jail.  

Arizona DUI Penalties

Even the thought of spending a minute in jail can be is terrifying.  Accordingly, your lawyer should do everything possible to prevent you from spending even one minute in jail.   But, in the event of a conviction, the required time in jail is likely not as long as you imagined.

Jail math does its best to tell you that 2 + 2 = 7.  Let’s see if we can make things add up correctly.

Misdemeanor DUI Penalties

Mandatory Minimums

JAIL

FINES

CLASSES

INTERLOCK

Standard DUI

1 Day

Yes

Yes

1 year

Can be removed after 6 months in most cases.

Extreme DUI

2 Days / 7 days Home Detention*

Yes

Yes

1 year

Super-Extreme DUI

3 Days / 11 days Home Detention*

Yes

Yes

1.5 year

*Currently, in Maricopa County home detention is only permitted in city courts.  If your case is prosecuted in a justice court then home detention is not permitted.  Thus, an Extreme DUI can only be reduced to 9 days jail and a Super-Extreme DUI to 14 days jail.  And yes… this makes no sense.

What's Subsection I?

Subsection I, of Arizona’s Extreme DUI statute (A.R.S 28-1382) provides a method to substantially reduce the amount of jail if convicted of Extreme or Super-Extreme DUI.

After a conviction, the Arizona Motor Vehicle will be notified by the court of conviction and then issue an interlock requirement. Notice of the requirement is sent through the mail.  This process can take weeks (in some cases even longer). Under subsection I, if you get the interlock at the time of sentencing (instead of waiting until MVD issues it after sentencing) the court can reduce your sentence as follows:

Minimum Jail

With Subsection I

Extreme DUI

30 days

2 days + 7 days home detention

Super Extreme DUI

45 days

3 days + 11 days home detention

Keep in Mind

  • Discretionary - the court has to order it.
  • First Offenses - not elible for 2nd offenses.
  • Extents Interlock - no credit for early installation.

“Lawrence represents very high-profile clients who greatly depend on a good outcome, and this guy will deliver. This is a prosecutors’ worse nightmare, and it should be that way if you need an attorney.”

David E.

Real Client Client’s Husband, Phoenix, AZ

Second DUI Penalties

Mandatory Minimums

Assuming you had a valid driver’s license, a prior DUI conviction within 7 years increases the mandatory minimum punishment.  However, under Arizona law, a second DUI conviction in that time period (in and of itself) is still a misdemeanor.

JAIL

FINES

CLASSES

INTERLOCK

COMMUNITY RESTITUTION

2nd Standard DUI

30 Days

Yes

Yes

1 year

30 hours

2nd Extreme DUI

120 Days*

Yes

Yes

1 year

30 hours

2nd Super-Extreme DUI

180 Days*

Yes

Yes

2 year

30 hours

*In Maricopa County home detention is only permitted in city courts.  If your case is prosecuted in a city court then home detention is available after 20% of your sentence.  Therefore, a person sentenced to a 2nd Extreme DUI could serve 24 days in jail and then serve the remainder of the sentence on home detention. A second Super-Extreme DUI conviction would require an initial 36 days of jail before home detention.

Arizona DUI Penatlies in the News

Felony DUI Penatlies

Felony DUI Penalties

Aggravated DUI is a felony in Arizona. These cases have substantially harsher penalties.

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