Menu

What Is Drugged Driving in Arizona?

Driving under the influence or DUI is a crime that is often associated with alcohol intoxication while behind the wheel. What many don’t realize, however, is that DUI charges can also be brought against people who drive while under the influence of drugs. The drugs could be illicit drugs, legal prescription drugs, or even medical marijuana, and you will be charged with a DUI if you’re caught operating a vehicle while under their influence.

In Arizona, the law that covers drugged driving is ARS 28-1381. It considers “under the influence” a driver who is apprehended with a controlled substance in his or her system or demonstrates the slightest bit of impairment by any combination of substances.

How do police officers measure drug impairment?

In cases of DUI involving alcohol, determining a driver’s intoxication can be easily done through a blood-alcohol concentration (BAC) test. Establishing drug impairment, however, is much more challenging. The body flushes alcohol rapidly, so if a Breathalyzer test detects a 0.08 percent BAC level at the time the driver was stopped, that person is indeed intoxicated. Marijuana, however, can stay in the bloodstream or urine for up to five weeks. Get caught driving with marijuana in your system, and you’re going to need the best marijuana lawyer Phoenix can offer. Cocaine, meanwhile, could take a day or two to flush out. So if they were tested during a traffic stop, there is no telling when they actually took the drugs.

How do authorities detect drug impairment?

When a police officer stops a driver on suspicion of DUI, the first thing they try to find out is if the driver is drunk. Once they rule out alcohol intoxication but still believe the driver is impaired in some way, the cops will bring in a drug recognition expert or DRE to determine drug impairment. DREs are cops who are specially trained to examine a person’s eye movements, behavior, and other cues to determine if a person is driving under the influence of drugs.

Arizona has drugged driving “Per Se” laws

Arizona is one of 15 states that enforce “per se” drugged driving laws for all drivers. Under these Arizona drug DUI laws, you can be charged with DUI if any detectable amount of particular drugs is found in your system at the time police officers pulled you over.

Drug DUI in Arizona penalties

As with any DUI case, a conviction for drugged driving in Arizona carries with it a number of penalties.

For first-time offenders:

  • $1,800 fine
  • Jail sentence of 10 to 180 days
  • Possible 90-day driver’s license suspension
  • Community service
  • Probation of up to five years
  • Join substance screening and education programs
  • Installation of an Ignition Interlock device for one year

For a second offense:

  • Jail for 90 to 180 days
  • About $3,500 in fines
  • 1-year driver’s license revocation
  • Probation for up to five years
  • Minimum of 30 hours of community service
  • Substance abuse evaluation and education
  • Use of Ignition Interlock Device for one year

Third Offense:

The penalties for a drugged driving conviction the third time around can be harsh. A third offense becomes a Class Four felony if it was committed within seven years of a prior DUI or driving with a suspended license. The penalties include:

  • At least four months in prison
  • Fines of up to $150,000
  • Five-year probation
  • Use of Ignition Interlock device for one year
  • 3-year license revocation
  • Seizure of vehicle

If you ever find yourself charged with drugged driving, your best chance of beating that charge is getting the services of a good drugged driving lawyer in Arizona. Contact the Arizona DUI Team, and you can rest assured that a top Phoenix DUI Drug Lawyer will be handling your case.

AGGRAVATED DUI – FELONY DUI – ARIZONA REVISED STATUTE §28-1383

Getting arrested for a DUI in Arizona is bad enough. Arizona, after all, has some of the toughest DUI laws in the United States. However, if you were caught driving with a blood alcohol concentration (BAC) level of .08% and there are aggravating factors present, you will be charged with aggravated DUI in Arizona, which is so much worse than a simple DUI.

What is an Aggravated DUI in Arizona?
Is an extreme DUI a felony in Arizona? Believe it or not, a DUI charge that starts with the word “Extreme” is still just a misdemeanor. Aggravated DUI, on the other hand, is a Class 4 Felony, and being slapped with an Aggravated DUI Class 4 Felony charge is an extremely serious matter. It’s so serious that it joins charges such as Manslaughter and Arson in being “Forever Allegeable.” That means that if convicted of an Aggravated DUI, that conviction can be used against a person forever, and will always be considered a “Prior Felony Conviction” for sentencing enhancement if a defendant were ever to be charged for a felony offense again.

Who can be charged with an Arizona aggravated DUI?
Aggravated DUI can be charged when a person is Driving or in Actual Physical Control of a Vehicle, while impaired to the slightest degree by the use of alcohol, drugs, medications, vapor releasing substances, or a combination of the same, or with illegal substances or a Blood Alcohol Content above the legal limit, while:

Having a suspended, canceled, revoked, refused, or restricted license; or

Having two DUI convictions within seven years of the DUI currently charged; or

Ordered to have an Ignition Interlock Device on a vehicle

There is also an Aggravated DUI – Class 6 Felony, if someone was Driving or in Actual Physical Control, while impaired to the slightest degree by the use of alcohol, drugs, medications, vapor releasing substances, or a combination of the same, or with illegal substances or a Blood Alcohol Content above the legal limit, while having a child under the age of 15 in a vehicle.

The Aggravated DUI Penalties Arizona is imposing on convicts

Aggravated DUI laws in Arizona impose the following penalties on those convicted of the crime:

1st Time Class 4 Aggravated DUI Sentence:

  • 4 months prison – 3.75 years prison
  • Approx. $4,700 minimum in fines and fees
  • Alcohol Counseling
  • License Revocation
  • Probation
  • SR22 High-Risk Insurance required
  • Possible Community Service
  • 2 year Ignition Interlock Device

Class 4 Aggravated DUI With a Prior Felony Conviction Sentence – alleging any prior Felony conviction:

  • 2.25 – 7.5 years prison
  • Approx. $4,700 minimum in fines and fees
  • Alcohol Counseling
  • License Revocation
  • Probation
  • SR22 High-Risk Insurance required
  • Possible Community Service
  • 2 year Ignition Interlock Device

Class 4 Aggravated DUI With 2+ Prior Felony Conviction Sentence – alleging any 2+ prior Felony convictions:

  • 6 – 15 years prison
  • Approx. $4,700 minimum in fines and fees
  • Alcohol Counseling
  • License Revocation
  • Probation
  • SR22 High-Risk Insurance required
  • Possible Community Service
  • 2 year Ignition Interlock Device

1st Time Class 6 Aggravated DUI Sentence:

  • 1 day jail – 2 years prison
  • Approx. $4,700 minimum in fines and fees
  • Alcohol Counseling
  • License Revocation
  • Probation
  • SR22 High-Risk Insurance required
  • Possible Community Service
  • 2 year Ignition Interlock Device

Class 6 Aggravated DUI With a Prior Felony Conviction Sentence – alleging any prior Felony conviction:

  • .75 – 2.75 years prison
  • Approx. $4,700 minimum in fines and fees
  • Alcohol Counseling
  • License Revocation
  • Probation
  • SR22 High-Risk Insurance required
  • Possible Community Service
  • 2 year Ignition Interlock Device

Class 6 Aggravated DUI With 2+ Prior Felony Conviction Sentence – alleging any 2+ prior Felony conviction:

  • 2.25 – 5.75 years prison
  • Approx. $4,700 minimum in fines and fees
  • Alcohol Counseling
  • License Revocation
  • Probation
  • SR22 High-Risk Insurance required
  • Possible Community Service
  • 2 year Ignition Interlock Device

What can you do when facing aggravated DUI AZ charges?
Going by the Aggravated DUI Arizona definition, you are definitely in deep trouble if you’re facing such a case. However, if you have the best Aggravated DUI lawyers Arizona has to offer by your side, your chances of beating Arizona felony DUI charges will vastly improve.

We are some of the few Experienced Attorneys that focus on DUI Defense. Most lawyers are Jack-of-all-Trade attorneys, who will handle a broad spectrum of criminal, civil, and family law cases.

When you have an Arizona DUI Team Attorney representing you, you know you are getting someone who focuses on DUI Defense and knows what they are doing.

It is important to know that a “Criminal Defense Lawyer,” is not the same as a “DUI Defense Lawyer.”

While similar, Criminal Laws fall under an entirely different section of the law, with their own issues and own case law as decided by the Court of Appeals and Supreme Court.

Do not take a chance on an Aggravated DUI case on some lawyer who does not focus their law practice on DUI Defense. Not only is a conviction “Forever Allegeable,” but the amount of time, fines and fees, and additional punishments are extremely harsh.

Having an Experienced DUI Lawyer, such as those on the Arizona DUI Team, can make the difference between a Guilty and Not Guilty verdict, or better yet, the difference between Guilty and Case Dismissed.

Our other DUI Practice Areas include:
Regular DUI
Extreme DUI
Super Extreme DUI
Drugged DUI
Prescription Drugs DUI

Felony Flight – AKA: Unlawful Flight from a Pursuing Law Enforcement Vehicle – Arizona Revised Statute §28-622.01

Felony Flight is normally an “Add-on” charge when a person fails to timely stop in response to a pursuing law enforcement vehicle operating the red and blue lights and siren.

Most of the time, this charge is brought when a police chase ensues, and police vehicles, sometimes several, pursue a vehicle that has refused to properly pull over in response to the red and blue emergency lights. Sometimes, however, this charge is needlessly brought when someone doesn’t immediately pull over in response to the red and blue lights, even though they do pull over when they felt it was safe to do so.

Sometimes there is a contradiction with this charge, and the advice offered by police officers that anyone (usually directed to female drivers) who does not feel safe enough to pull over on a roadway, late at night, should try to find a well lit place to stop their vehicle.

There are a few issues with this type of charge, including whether the person even realized that they were being pursued by a law enforcement vehicle, and whether they were aware that there were red and blue flashing lights on a pursuing patrol vehicle.

While these cases can be difficult to defend, because of their simplicity, it is important to have a Quality Vehicular Crimes Attorney representing you. Your case might be the one that can be won, but if you have the wrong attorney, or the one that is not familiar with all the case law on the subject, your possibility of winning a winnable case may be lost.

The AZ DUI Team focus on DUI and Vehicular Related Offenses. You are in good hands with an AZ DUI Team Lawyer on your side.

Leaving the Scene of an Accident – AKA: Hit & Run – Arizona Revised Statute §28-661, §28-662, §28-663

Leaving the Scene of an Accident can be charged as a Felony or a Misdemeanor. It depends on whether the thing that was hit was a piece of property, an attended vehicle, or a person.

This is a separate and distinct charge from something like Criminal Damage or Aggravated Assault or Manslaughter.

Sometimes a person is charged with Leaving the Scene when they would otherwise not have been charged with an additional offense, such as Aggravated Assault or Murder (such as when someone runs into traffic).

Additionally, and unfortunately, there are certain circumstances where a person is charged with Leaving the Scene of an Accident when they are not the person that was involved in the accident. For example, it is not unheard of for a person who was present when another person was involved in an accident to find themselves charged with the crime of Leaving the Scene because they failed to remain at the scene upon witnessing someone else’s accident, therefore failing to make themselves available as a potential witness.

There are some horror stories of innocent bystanders that find themselves charged with this offense because they were literally at the wrong place at the wrong time.

There are defenses that can be made, however, and it is important to have an Experience Vehicular Crimes Attorney or hit and run attorney on your side, who knows how to handle the intricacies of these types of charges.

The AZ DUI Team Lawyers keep up-to-date on the latest Vehicular Crimes cases, which become incredibly valuable when representing a client on a charge such as this.

You don’t want to place your life in the hands of a “Criminal Lawyer,” who spreads his focus on all sorts of different criminal offenses. You want an Attorney that focuses on DUIs and Vehicular-Related offenses.

SUPER EXTREME DUI – 1ST TIME SUPER EXTREME DUI – ARIZONA REVISED STATUTE §28-1382

When a person gets pulled over by a police officer and a subsequent breathalyzer test shows him or her to have a blood alcohol concentration or BAC level of  .08% or more, he or she will be charged with a DUI or DWI in all states.

However, when the “more” overshoots the .20% BAC mark, a simple DUI charge would never suffice, not in the state of Arizona at least. As far as the laws of the Grand Canyon State are concerned, a BAC above .20% qualifies as a Super Extreme DUI, and its consequences definitely live up to the name of the charge.

WHY WAS THE SUPER EXTREME DUI CATEGORY CREATED?
The term Super Extreme DUI may not appear by name in any of the law books, but that is what Attorneys refer to as a DUI with a Blood Alcohol Content above a .20%. This DUI category was born out of a huge and growing drunk driving problem in Arizona, which ranked sixth in the number of alcohol-related fatalities in the United States in 2006. With the implementation of Super Extreme DUI laws in Arizona, the state now has some of the toughest DUI laws in the entire nation.

There are also statistics that show that the majority of deadly drunk driving crashes happen with drivers with a BAC of .15% or above. Staying in one’s lane becomes close to impossible when a driver has that much alcohol in his or her system, as vision, hearing, muscle control, and judgment are almost certainly impaired at that level. With the creation of the rather harsh Super Extreme DUI category, the State of Arizona is hoping to discourage people who drink copious amounts of alcohol from ever getting behind the wheel.

THE CONSEQUENCES OF A SUPER EXTREME DUI CONVICTION
The Legislature decided to punish those people who were tested to be above a .20 BAC within two hours of Driving or being in Actual Physical Control of a Vehicle. The Super Extreme DUI Arizona penalties for a conviction such as this are substantial.

Along with the required fines and fees, there is required alcohol counseling, an Ignition Interlock Device for a minimum of 18 months, and an enormous amount of jail time, even for a 1st Time Offense

A 1st time Arizona Super Extreme DUI has a sentencing range of 45 days, up to 6 months, in jail. While it is still considered a Misdemeanor, Arizona does consider this a very serious offense and wishes to severely drop a hammer on anyone who is behind the wheel of a vehicle with a Blood Alcohol Content nearly three times the legal limit.

Here’s a list of what awaits anyone convicted of Super Extreme DUI:

1ST SUPER EXTREME DUI OFFENSE:

  • 45 days to 6 months in jail
  • Approx. $3,200 minimum in fines and fees
  • Alcohol Counseling
  • License Suspension
  • Possible Probation
  • Possible SR22 High-Risk Insurance required
  • Possible Community Service
  • 18 months Ignition Interlock Device

2ND SUPER EXTREME DUI OFFENSE

alleging a prior DUI conviction within seven years, although it doesn’t matter what type of prior DUI conviction it was (Regular / Extreme / Super Extreme), only what the new charge is):

  • Six months in jail
  • Approx. $3,200 minimum in fines and fees
  • Alcohol Counseling
  • License Suspension
  • Possible Probation
  • Possible SR22 High-Risk Insurance required
  • Possible Community Service
  • Two-year Ignition Interlock Device

WHAT IF YOU WERE ARRESTED FOR SUPER EXTREME DUI?
What can be done if you find yourself facing Super Extreme DUI Arizona charges? Like many things, it depends on a number of different factors, including the individual facts of the case, the court, the judge, and the DUI Defense Lawyer.

A Super Extreme DUI AZ charge is a pretty serious offense, but with the right DUI Defense Attorney, it is possible to navigate around the potential dangers and into something beneficial for the client.

Keep in mind that with an experienced Super Extreme DUI lawyer– like the attorneys on the AZ DUI Team – even a required jail sentence can be reduced with certain options, such as Home Arrest, Continuous Alcohol Monitoring, and Suspension of Sentence for Ignition Interlock Device, depending on the court and judge.

Our other DUI Practice Areas include:
Regular DUI
Extreme DUI
Aggravated DUI
Drugged DUI
Prescription Drugs DUI

Legal Medications Can Get You A DUI

Whenever people encounter the term “DUI” or driving under the influence, the first thing that readily enters their mind is “drunk driving.” While it’s true that most DUIs involve alcohol intoxication on the part of the driver, a DUI isn’t just about alcohol. You can get pulled over for a DUI for drugs and other substances as well. And we’re not just talking about illicit drugs like cocaine or heroin. Even legal medications for which you have a prescription can get you in trouble if you have them in your system while driving.

Why legal drugs can get you arrested for DUI

Most DUI laws revolve around the possible impairment of a driver’s ability to drive a vehicle safely. Alcohol and illicit drugs are known for their physical and psychological effects on a person. The same, however, applies to prescription drugs.

Most legal medications have side effects which could affect your coordination and motor skills, among other things. For this reason, DUI laws state that even legal drugs can be enough reason to book you for a DUI, even when you have a prescription for them, and you take only the prescribed dosage.

Which legal drugs are seen as sources of impairment?

Technically, any medication in your system is fair game for law enforcement. However, they wouldn’t be trying to find something as common as aspirin in your bloodstream. What they will be looking for are medications with active ingredients that could cause impairment, such as:

  • Prescription painkillers
  • Anxiety medication
  • Muscle relaxants
  • Cough syrup
  • Nighttime cold or flu medicine
  • Any drug that causes drowsiness or lightheadedness

The laws on DUI prescription drugs Arizona is implementing exempt no one. So if you’re taking Xanax, for example, Xanax DUI Arizona laws are going to apply to you if the cops pull you over and find out you have it in your system while driving.

Drivers caught with marijuana in their system may also DUI face charges. Now you may defend yourself by saying you have a prescription for medical marijuana. That, however, wouldn’t matter, because the effects of marijuana on the brain, nervous system, or muscles are quite known, and therefore fall under the coverage of most DUI laws.

Police can detect drug impairment

When a cop pulls you over on suspicion of DUI, the initial assumption is that you might be drunk. However, once it’s established that you don’t have alcohol in your system, the focus shifts to determining if you are under the influence of drugs, both legal and illegal. For this, police have drug recognition experts or DREs, who are cops specially trained to pinpoint signs of drug impairment through the driver’s behavior, eye movements, speech, and other cues.

The “Per Se” laws in Arizona

In Arizona, anyone can be charged with a DUI for drugged driving by virtue of its “per se” laws. As long as authorities establish that your system has any detectable trace of legal or illegal drugs in it, you can be charged with a DUI.

Medications-related DUI Penalties in Arizona

The penalties for an alcohol DUI and a DUI on prescription medication in Arizona are basically the same. The following are the penalties for drugged driving in the state:

First offense:

  • $1,800 fine
  • Jail sentence of 10 to 180 days
  • Possible 90-day driver’s license suspension
  • Community service
  • Probation of up to five years
  • Join substance screening and education programs
  • Installation of an Ignition Interlock device for one year

Second offense:

  • Jail for 90 to 180 days
  • About $3,500 in fines
  • 1-year driver’s license revocation
  • Probation for up to five years
  • Minimum of 30 hours of community service
  • Substance abuse evaluation and education
  • Use of Ignition Interlock Device for one year

Third Offense:

  • At least four months in prison
  • Fines of up to $150,000
  • Five-year probation
  • Use of Ignition Interlock device for one year
  • 3-year license revocation
  • Seizure of vehicle

If the third offense was committed within seven years of a prior DUI or driving with a suspended license, the driver will be charged with a Class Four felony, which carries more severe consequences.

Compared to alcohol intoxication, establishing the level of impairment at any given time due to legal medications is so much trickier to determine and prove. So if you ever find yourself charged with violating the prescription drug DUI laws Arizona is enforcing, you can count on the skilled and experienced DUI attorneys of the Arizona DUI TeamContact them now, and you can help them prepare an effective defense for your case.

Vehicular Endangerment in Arizona

All drivers are subject to traffic rules. Violate any one of them, and you get caught, you are bound to suffer the penalties attached to those regulations. Many of these traffic violations, like going over the speed limit, for instance, typically earn you nothing more than tickets. But if the cop that pulled you over decided to add vehicular endangerment to the charges against you, then you might be in big trouble.

Vehicular endangerment is a serious offense in Arizona. According to Arizona Statute 13-1201, a person can be charged with vehicular endangerment if he or she puts another person at substantial risk of physical injury or imminent death while behind the wheel. When a driver exhibits behavior that manifests “extreme indifference” to human life while driving a vehicle, he or she will most likely be on the receiving end of a vehicular endangerment charge, regardless of whether or not anyone got injured or killed.

More often than not, vehicular endangerment is associated with DUI offenses, although any of the following may also lead to a vehicular endangerment charge:

Penalties for Vehicular Endangerment in Arizona

The penalties for a vehicular endangerment conviction will depend on how the charge is classified. If there was a clear and direct threat to the life of a victim, then the charge will be a class 6 felony in Arizona. For first-time offenders, a vehicular endangerment conviction could mean a 2-year prison sentence. The driver’s license may also be revoked, and his or her insurance rates will certainly go through the roof. Repeat offenders, on the other hand, are going to be handed down more severe sentences, as the criminal justice system in Arizona ensures harsher penalties for those who have prior criminal history.

Vehicular endangerment may also be reduced to a class 1 misdemeanor, but only if the other party was never at risk for imminent death, or if only injury was imminent at the time of the incident. A class 1 misdemeanor vehicular endangerment conviction carries a fine of up to $2,500 and a sentence of up to six months in jail.

For those who are facing aggravated DUI charges, a vehicular endangerment charge—even when it’s classified as a class 6 felony—can prove to be a more enticing option. You see, a class 6 felony vehicular endangerment charge is a much lower offense than aggravated DUI. Since aggravated DUI is classified as a class 4 felony in Arizona, it follows that the penalties are more severe, which is why a vehicular endangerment charge will always be a more palatable choice for those charged with aggravated DUI.

Police officers typically push for vehicular endangerment charges

To say that vehicular endangerment is a frequently-charged crime in Arizona would be an understatement. More often than not, the incidents are only cases of reckless driving, which can either be a class 1 or class 2 misdemeanor in The Grand Canyon State. However, police officers typically try to upgrade the charges to vehicular endangerment. The officers and eventually, the prosecutors, will then seek to substantiate these accusations by proving that the driver had very high blood alcohol content (BAC) levels, or had been speeding excessively, or had been driving erratically at the time of the arrest. These claims aim to establish that the driver knowingly and grossly disregarded the safety of others while behind the wheel, and that could lead to a vehicular endangerment conviction.

Defend yourself against vehicular endangerment

As stated above, vehicular endangerment is a serious offense, especially if it’s classified as a felony. A conviction means you are going to have a criminal record, and that could ruin your life in so many ways. Fortunately, vehicular endangerment charges can be refuted in court.

So if you are facing a vehicular endangerment charge, you must have a skilled vehicular endangerment attorney by your side. And if you need an experienced vehicular endangerment lawyer in Arizona handling your case, you don’t have to look further than the attorneys of the Arizona DUI Team.

The Arizona DUI Team is composed of lawyers who have an extensive experience in handling DUI and vehicular and endangerment cases. They know all possible defenses against such charges, and they know the system well. Contact the Arizona DUI Team now, and they will work to get the best possible result for you.

Vehicular Manslaughter – Arizona Revised Statute §13-1103

Vehicular Manslaughter is an allegation that the Defendant “Recklessly” caused the death of another using a vehicle. Unfortunately, this type of charge is often brought under general Manslaughter laws, so as to maximize the potential for punishment.

Additionally, because this charge is brought under the general Manslaughter laws, the prosecutor will almost always allege that this crime involved the use of a “Deadly Weapon or Dangerous Instrument,” therefore charging “Manslaughter Dangerous.” In this case, the prosecutor is alleging that the vehicle itself is the “Deadly Weapon or Dangerous Instrument.”

If proven at trial, that the Defendant “Recklessly caused the death of another, using a Deadly Weapon or Dangerous Instrument (a car),” the Defendant is looking at 7 – 21 years in prison. Even if the Defendant had a perfectly clean criminal record prior to this incident.

There is something an experienced Vehicular Crimes Defense Attorney can do, however, and it is important to hire someone who is not only experienced in Manslaughters generally, but Vehicular Manslaughters specifically.

There are a number of different issues that can be addressed, to hopefully reduce down that potential for 7 – 21 years in prison, to something that could potentially open up the possibility of probation.

Because of the amount of work that goes into a Vehicular Manslaughter case, it is not surprising that this type of case can be extremely expensive to hire an experienced Attorney.

While the AZ DUI Team Lawyers are experienced, and can represent a person charged with Vehicular Manslaughter, there is an alternative to full representation called Knapp Counsel representation. This can be less than half of the cost of full representation, with many of the benefits that come with having an experienced, private Vehicular Manslaughter Attorney representing you.

Read more about Knapp Counsel.

EXTREME DUI – 1ST TIME EXTREME DUI – ARIZONA REVISED STATUTE §28-1382

A standard DUI in any state involves a blood alcohol concentration (BAC) of 0.08%. In Arizona, if you’re caught driving with a BAC of 0.15% or higher, you will be slapped with an Extreme DUI charge, which carries much heavier penalties than a standard DUI.

What is an extreme DUI in Arizona?
Being charged with an Extreme DUI in Arizona means you were caught driving or in actual physical control of a vehicle with a BAC above 0.15%, tested to within two hours of driving. While Extreme DUI is always charged as a third offense in addition to Count 1: DUI – Impaired, and Count 2: DUI – above a .08, it is still a misdemeanor charge and not a felony.

What penalties await those convicted of Arizona Extreme DUI?
An Extreme DUI not only refers to the level of alcohol but also to the penalties if one were to be convicted of such an offense. While Extreme DUI may be a misdemeanor, it does not mean the penalties upon conviction are light. An Extreme DUI conviction comes with nearly twice as many fines and fees as a 1st time regular DUI, and an Extreme DUI AZ first offense carries a minimum sentence of 30 days in jail, and a maximum sentence of six months.

1st Time Extreme DUI Sentence:

  • 30 days to 6 months in jail
  • Approx. $2,700 minimum in fines and fees
  • Alcohol Counseling
  • License Suspension
  • Possible Probation
  • Possible SR22 High-Risk Insurance required
  • Possible Community Service
  • One Year Ignition Interlock Device

2nd Time Extreme DUI Sentence:

– alleging a prior DUI conviction within seven years, although it doesn’t matter what type of prior DUI conviction it was (Regular / Extreme / Super Extreme), only what the new charge is):

  • 120 days to 6 months in jail
  • Approx. $3,700 minimum in fines and fees
  • Alcohol Counseling
  • License Suspension
  • Possible Probation
  • SR22 High-Risk Insurance required
  • Community Service
  • One Year Ignition Interlock Device

How often do extreme DUI cases get reduced?
Extreme DUI cases get reduced all the time, and this largely depends on many factors, including the individual facts of the case and the skills and experience of your Extreme DUI attorney.

The AZ DUI Team Attorneys have had Extreme DUI cases get reduced to Reckless Driving, and even had Extreme DUI cases dismissed in full. The AZ DUI Team Lawyers have also had Extreme DUI charges downgraded to Regular DUI. They have even had Extreme DUI cases where they got their client to spend only two days of the minimum 30-day sentence in jail, and the rest on Continuous Alcohol Monitoring. Indeed, there is quite a bit that can be done on an Extreme DUI case.

Keep in mind that with an experienced DUI Defense Lawyer – like the ones on the AZ DUI Team – even a required jail sentence can be reduced down with certain options, such as Home Arrest, Continuous Alcohol Monitoring, and Suspension of Sentence for Ignition Interlock Device, depending on the court and judge.

If you find yourself facing Extreme DUI charges, contact the AZ DUI Team now so they can help guide you through the legal process and prepare the best possible defense.

Get the services of an experienced Phoenix Extreme DUI attorney
Having the right DUI Defense Lawyer always comes into play, whether you’re facing first offense Extreme DUI Arizona charges or a second one. Experience counts, as it could mean the difference between an Extreme DUI conviction and a Regular DUI conviction, Reckless Driving conviction, or even a Not Guilty Verdict or Case Dismissed.

What sentence a person actually serves, if any, really depends on how much the DUI Defense Lawyer knows. That is why it is so important to have a knowledgeable, experienced  attorney representing you because you stand a better chance of beating the charge, or at least seeing it reduced.

Our other DUI Practice Areas include:
Regular DUI
Super Extreme DUI
Aggravated DUI
Drugged DUI
Prescription Drugs DUI

DUI – 1st Time Regular DUI – Arizona Revised Statute §28-1381

Arizona has some of the harshest DUI laws in the nation. A 1st Time Regular DUI is a Misdemeanor, and although you may have never had a DUI in your past, Arizona Law requires that anyone convicted of a DUI get at least one day in jail.

An Arizona DUI is nearly always charged two different ways: Count 1: DUI – Impaired to the Slightest Degree; and Count 2: DUI – BAC Above a .08. Each are considered a Regular DUI, and both are Misdemeanors. They are alternate ways in which a person can be convicted of a DUI in Arizona. That means that even if you went to trial on both counts, and either lost on both counts, or lost on one of the two counts, the sentence will be the same. They are two different ways the prosecutor can try to prove you Guilty at trial.

Under Count 1: DUI – Impaired, the prosecutor can try to prove that you were Driving, or in Actual Physical Control of a Vehicle, and that your ability to drive was impaired to the slightest degree by the use of alcohol, drugs, medications, or vapor releasing substances, or a combination of the same.

A conviction for Count 1, no matter whether it is alcohol, drugs, or even your prescription medications, requires a minimum of at least one day in jail. The maximum sentence is six months in jail… possible, even though you never had any prior DUI convictions. There are also numerous fines, fees, counseling, and other penalties associated with a conviction.

While the standard Count 2 has to do with someone who has a Blood Alcohol Content above a .08, tested to within two hours of driving, there are actually a few different ways someone can be charged with alternate counts.

Sometimes, Count 1: DUI – Impaired, alleges that someone is impaired by drugs, medications, and/or vapor releasing substances, instead of alcohol. When that is the case, Count 2 is usually charged as a DUI where there is an illegal substance or its metabolite in your system. Likewise the charge could be that there was a legal substance, that was not being taken as prescribed.

In any of the above situations, Count 2 is an alternate count to Count 1. Additionally, in any of the above situations, a conviction on both counts would be the same as a conviction on only one count.

Count 1 is always a more factual argument, and Count 2 is always a more scientific argument.

There is hope, however. It is possible, depending on the facts of the case, the laws, the court, the level of substance found in the system, and the right DUI Defense Lawyer, to get the case to go away, or possibly eliminate the DUI charges in exchange for something like a Reckless Driving plea agreement.

Your best chance of success comes from having a DUI Defense Attorney who is experienced, and focuses on DUI Defense Representation.

Keep in mind, a Criminal Defense Lawyer is not the same as a DUI Defense Lawyer.

1st Time Regular DUI Sentence:

  • 1 day to 6 months in jail
  • Approx. $1,500 minimum in fines and fees
  • Alcohol Counseling
  • License Suspension
  • Possible Probation
  • Possible SR22 High Risk Insurance required
  • Possible Community Service
  • One Year Ignition Interlock Device (can be reduced down to six months)

2nd Time Regular DUI Sentence

– alleging a prior DUI conviction within seven years, although it doesn’t matter what type of prior DUI conviction it was (Regular / Extreme / Super Extreme), only what the new charge is):

  • 30 days to 6 months in jail
  • Approx. $3,500 minimum in fines and fees
  • Alcohol Counseling
  • License Suspension
  • Possible Probation
  • SR22 High Risk Insurance required
  • Community Service
  • One Year Ignition Interlock Device

Keep in mind that with an experienced DUI Defense Lawyer – like the ones on the AZ DUI Team – even a required jail sentence can be reduced down with certain options, such as Home Arrest, Continuous Alcohol Monitoring, and Suspension of Sentence for Ignition Interlock Device, depending on the court and judge.

Schedule a free consultation now


 

A Cup Of Coffee With 10 Of The Top
DUI Attorneys In The United States

Guest Author: Attorney Brian Sloan

4,400+ DUI Cases Successfully Defended