What Are The Potential Penalties For A DUI Conviction?
The differences are what the levels are for these potential penalties. If there are drugs, there are going to be some different consequences as far as your driver's license, and not needing an Intoxilyzer. That is changing by the way in Arizona by January 1st, of 2017. It used to be that you would automatically be revoked if you had a DUI drug conviction. That is why it was very important not to end up with that charge. That is like a technique in the plea-bargaining of a strategy. With DUI drugs, you would have your license revoked for a year, if we did not try to plea-bargain a deal.
If your license is revoked, you have to petition to try to get your license back. It is different from being suspended, but there would be no breathalyzer device installed. They are changing that so you are not revoked, but you do have to install this device in your vehicle. That law will pass January 1st, 2017. I just wanted to point out though for a non-extreme first offense, that somebody is going to be doing a minimum mandatory of one day in jail. It starts out at a minimum of ten days, but nine of them can be suspended provided the person does their alcohol and drug screening treatment and education. The fines and assessments are $1,250.
It is usually more by the time we get out of court, but I am just saying in the statute, $1,250 if you add it up all the fines. There are these other little things that get tacked on. It is about $1,670 on a misdemeanor first offense by the time you get out of jail just for the fines, assessments, and surcharges. This is before the court security fee and the plan fees. However, I did want to point out, a non-extreme second offense in Arizona is going to be ninety days in jail. The judge can suspend sixty of those if you do your alcohol screening, treatment, and education programs. You will have your license revoked for one year on your second offense if it is within seven years.
The fines and assessments are $3,000 by the time you add on your surcharges and other things. It is going to be much more than that. I also wanted to point out for a first offense extreme in Arizona, which is a 0.15% but less than a 0.20% BAC, is going to get you thirty days in jail, and fines and assessments are $2,500, again add that to other things that the court tacks on. If it is a super extreme first offense, which is a 0.20% BAC or more, you are going to be doing forty-five days in jail. The fine on that is $2,700, the fines and assessments are $2,750 and more. I do not want to lie, but there is a way to get those fines lowered. If you get the voluntary breathalyzer placed in your vehicle, the judge can suspend part of that but remember it is up to the judge. I would expect to see that in a big city, just not here.
I have not encountered it, but I usually get people out of the extreme or super-extreme first offense, I get them down to a non-extreme usually. I just want to say for an extreme second offense, it is a second time in seven years that you are going to have that on your record. The current DUI is extreme or super-extreme, and we do not care what your first offense was. The second offense is an extreme or second offense that you are facing right now in seven years is extreme or super extreme and here is what will happen. For an extreme, you are going to be in jail for one-hundred and twenty days. That is if you are at 0.15% or more. That is four months in jail.
When you add up the amounts that are due, it comes to $3,250 for fines and assessments, and again that is without extra by the court. If you are a super extreme, and this is your second DUI in seven years, the super extreme is 0.20% or more on the BAC. You will receive one-hundred and eighty days in jail, about six months minimum. The fines are around $3,250. There is always going to be alcohol screening, treatment, or drug screening. Most of the courts in Cochise County will require the person to attend the Mothers Against Drunk Driving Victim Impact Panel. It is not in the law, but that is normally required. The prosecutors require it or the judge will. Therefore, yes, there are many stiff penalties in Arizona.
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