Understanding Drunk Driving Offenses and Arizona DUI Sentencing
Arizona drunk-driving laws have changed over the years, and knowledge of the range of punishments for drinking and driving offenses is an important asset for someone who has recently been arrested.
September 11, 2011 /24-7PressRelease/ -- Most drivers are aware of the various potential consequences of an arrest for driving under the influence (DUI) in Arizona. Loss of one's drivers license, an increase in insurance rates and fines are all outcomes that motorists want to avoid if at all possible. While loss of mobility is an important concern, incarceration and loss of liberty is the most drastic result that drivers fear after a drunk driving arrest.
Arizona drunk-driving laws have changed over the years, and knowledge of the range of punishments for drinking and driving offenses is an important asset for someone who has recently been arrested. The differences between basic DUI offenses and aggravated DUI offenses, as well as the effect of other circumstances such as drug-related DUI and out-of-state DUI, can all play a role in the severity of consequences that a driver faces if convicted.
Arizona DUI Sentencing: First-Time Versus Repeat DUI Offenses
The most basic distinction in DUI sentencing is whether the driver has ever been convicted of a similar offense. A conviction for a first-time basic DUI (blood alcohol content over .08) means one to ten days in jail, over $1,000 in potential fines and, since 2007, a mandatory ignition interlock installation at the driver's expense. A driver convicted of a second DUI within seven years (84 months) of a first conviction is susceptible to a mandatory 30-day to 90-day jail sentence, community service, significantly higher fines and license suspension of one year.
DUI punishments also increase based on the driver's blood alcohol concentration (BAC). Extreme DUI is an escalated charge based on a BAC measurement of .15 or more within two hours of driving. Arizona also recognizes a "Super Extreme" level of DUI enforcement, meaning a .20 BAC or higher. A first offense Super Extreme DUI means a minimum of 45 days in jail, along with other enhanced punishments.
Harsher criminal consequences also result from a conviction involving any legally recognized aggravating factor. Under Arizona law, a person can be charged with a felony, Aggravated Driving Under the Influence, if he or she:
- Is found guilty or pleads guilty to DUI during a period when his or her driver's license or driving privileges have been cancelled, suspended, revoked, or refused (or if the driver was required to use an ignition interlock device)
- Commits a third or subsequent DUI violation within five years (60 months) of a previous conviction
- Violates Arizona drunk driving laws while a person under 15 years of age is in the vehicle
Felony DUI charges put an offender at greater risk for long-term incarceration, especially if the defendant has a previous conviction on a drug charge, domestic violence offense or other felony on his or her criminal record.
The Best Strategy: Consult a Phoenix DUI Attorney to Discuss All Legal Options
A host of factors influence whether a conviction will lead to significant jail time or only lesser consequences. Arizona's DUI penalties escalate with respect to several different variables, and a defendant's guilty plea can lead to a more positive outcome in certain cases.
But every driver must also consider whether factors surrounding the arrest and assessment of his or her level of intoxication may counter the prosecution's burden of proof of a criminal violation. An experienced Arizona DUI attorney can share insights about the criminal justice process and a client's legal rights.
Blood test and breath test evidence can be challenged for a variety of reasons, and a close review of the police report and other evidence will help a DUI criminal defense lawyer assess whether you should fight the charges. If a driver is accused of intoxicated driving not because of excessive BAC but due to an officer's claims that he or she was "impaired to the slightest degree," circumstances that may have affected the officer's impressions must be clearly presented to the court.
A conversation with a trusted advisor can help a client understand what to expect based on the toxicology report, a prior record, and the arresting officer's reports and statements. DUI sentencing laws in Arizona provide stiff penalties, but every situation presents unique circumstances and facts that may indicate a legal advantage to the defendant. That is the same whether the person under suspicion of DUI is an adult repeat offender or a minor charged with underage DUI and possession of alcohol.
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