DUI and Criminal

Facts about DUI/DWI Offenses

Field Sobriety Testing is Voluntary, You do not have to take any road side tests

You should never answer the officer's questions regarding where you were or how much you drank

If you miss the 15 day deadline for submitting an Arizona MVD license hearing request, you will lose your license to drive

If you refuse a blood or breath test, you will lose your license for at least a year and the officer will get a search warrant and forcibly take your blood anyway.

Many out of state visitors are arrested for DUI in Arizona. Your Arizona DUI can result in a license suspension in your state. We can help you resolve your AZ DUI, often times without you ever needing to return to Arizona courts.

DUI & Criminal

There are a number of DUI and other criminal offenses which can be charged by the Maricopa County Attorneys Office, the Attorney Generals Office, various cities and municipalities, and the State of Arizona. Any criminal complaint or charge is very serious and in order to protect your constitutional rights you may want to consider legal representation. Contact us if you have been charged with any crime.

DUI Offences

Driving While Impaired to the Slightest Degree, A.R.S. §28-1381(A)(1)

It is unlawful to drive, or to be in actual physical control, of a vehicle while under the influence of any intoxication liquor, any drug, or any combination of liquor or drugs. It is not necessary to be "drunk." The State is only required to prove that a person's ability to operate their vehicle was impaired "to the slightest degree.”

Driving With an Blood Alcohol Concentration of .08% or Above, A.R.S. §28-1381(A)(2)

It is unlawful to drive, or to be in actual physical control, of a vehicle with a blood alcohol concentration of .08% [.04% if commercial vehicle, A.R.S. §28-1381(A) (4)] or higher within two hours of driving or being in actual physical control of a motor vehicle. The blood alcohol concentration must be a result of alcohol consumed either prior to driving or while driving, or being in actual physical control.

DUI/DWI-Drugs, A.R.S. §28-1381(A)(3)

It is unlawful to drive, or to be in actual physical control, of a vehicle while there is an illegal drug, or its metabolite, in the body. The State is not required to prove impairment nor is the State required to prove a specific amount of drug in the body. The State is only required to prove that an illegal drug was present in the body while driving or being in actual physical control.

Driving While Under the Extreme Influence of Intoxicating Liquor, A.R.S. §28-1382

It is unlawful to drive, or to be in actual physical control, of a vehicle with a blood alcohol concentration of .15% or higher within two hours of driving or being in actual physical control. The blood alcohol concentration must be a result of alcohol consumed either prior to driving or while driving, or being in actual physical control.

Aggravated (Felony DUI/DWI) Driving While Under the Influence of Intoxicating Liquor, A.R.S. §28-1383

There are three different "Felony DUI/DWI" offenses:

1. If a person commits any DUI/DWI offense as defined in A.R.S. §28-1381 or 28-1382, and the person's driver's license, or privilege to drive, is suspended, canceled, revoked, refused, or restricted. A.R.S. §28-1383(A)(1)

2. If a person commits any DUI/DWI offense as defined in A.R.S. §28-1381 or 28-1382, and within a sixty month period (5 years) has two or more prior DUI or DWI convictions. A.R.S. §28-1383(A)(2)

3. If a person commits any DUI/DWI offense as defined in A.R.S. §28-1381 or 28-1382 while a person under fifteen years of age is present in the vehicle.

CRIMINAL PENALTIES FOR MISDEMEANOR AND FELONY DUI / DWI CONVICTIONS
Offense	Sentencing Range	Fine
DUI (A.R.S. § 28-1381(A)(1)
1st Offense	Not less than 1 day nor more than 6 months in jail.	$250 - $2,500
2nd Offense w/in 60 months	Not less than 30 days nor more than 6 months in jail.	$500 - $2,500
DWI (A.R.S. § 28-1381(A)(2)
1st Offense: BAC 0.08 or more	Not less than 1 day nor more than 6 months in jail.	$250 - $2,500
2nd Offense w/in 60 months	Not less than 30 days nor more than 6 months in jail.	$500 - $2,500
DWI (Drugs) (A.R.S. § 28-1381(A)(3)
1st Offense	Not less than 1 day nor more than 6 months in jail.	$250 - $2,500
2nd Offense w/in 60 months	Not less than 30 days nor more than 6 months in jail.	$500 - $2,500
DWI (Commercial) (A.R.S. § 28-1381(A)(4)
1st Offense: BAC 0.04 or more	Not less than 1 day nor more than 6 months in jail.	$250 - $2,500
2nd Offense w/in 60 months	Not less than 30 days nor more than 6 months in jail.	$500 - $2,500
EXTREME DWI (A.R.S. § 28-1382)
1st Offense: BAC 0.15 or more	Not less than 10 days nor more than 6 months in jail.	$500 - $2,500
2nd Offense w/in 60 months	Not less than 60 days nor more than 6 months in jail.	$750 - $2,500
FELONY DUI (A.R.S. § 28-1383(A)(1)(2))
1st Offense	Not less than 4 months nor more than 3.75 years in prison.	$750 - $150K
2nd Offense w/in 60 months	Not less than 8 months nor more than 7.5 years in prison.	$750 - $150K
FELONY DUI (A.R.S. § 28-1383(A)(3))
1st Offense	Not less than 1 day nor more than 2 years in prison.	$250 - $150K

MOTOR VEHICLE DIVISION SANCTIONS FOR DRIVING UNDER THE INFLUENCE
Offense	Driver's License Restriction	Ignition Interlock	Forfeiture of Vehicle
DUI (A.R.S. § 28-1381(A)(1)
1st Offense	Suspension (90 days - 1 year)	N/A	N/A
2nd Offense w/in 60 months	Revocation (1 year)	Must equip motor vehicle with ignition interlock device for a minimum of 1 year on the conclusion of the revocation.	N/A
DWI (A.R.S. § 28-1381(A)(2)
1st Offense: BAC 0.08 or more	Suspension (90 days - 1 year)	N/A	N/A
2nd Offense w/in 60 months	Revocation (1 year)	Must equip motor vehicle with ignition interlock device for a minimum of 1 year on the conclusion of the revocation.	N/A
DWI (Drugs) (A.R.S. § 28-1381(A)(3)
1st Offense	Revocation (1 year minimum)	N/A	N/A
2nd Offense w/in 60 months	Revocation (1 year minimum)	N/A	N/A
DWI (Commercial) (A.R.S. § 28-1381(A)(4)
1st Offense: BAC 0.04 or more	Suspension (90 days - 1 year)	N/A	N/A
2nd Offense w/in 60 months	Revocation (1 year)	Must equip motor vehicle with ignition interlock device for a minimum of 1 year on the conclusion of the revocation.	N/A
EXTREME DWI (A.R.S. § 28-1382)
1st Offense: BAC 0.15 or more	Suspension (90 days - 1 year)	Must equip motor vehicle with ignition interlock device for a minimum of 1 year on the conclusion of the suspension.	N/A
2nd Offense w/in 60 months	Revocation (1 year minimum)	Must equip motor vehicle with ignition interlock device for a minimum of 1 year on the conclusion of the revocation.	N/A
FELONY DUI (A.R.S. § 28-1383)
1st Offense	Revocation (3 year minimum)	Must equip motor vehicle with ignition interlock device for a minimum of 1 year on the conclusion of the revocation.	Mandatory forfeiture of the vehicle owned and operated at the time of the offense.
2nd Offense w/in 60 months	Revocation (3 year minimum)	Must equip motor vehicle with ignition interlock device for a minimum of 1 year on the conclusion of the revocation.	Mandatory forfeiture of the vehicle owned and operated at the time of the offense.

DUI AND CRIMINAL DEFENSES

There are several potential defenses which can be raised in a DUI or other criminal cases. Some of the most common defenses include constitutional challenges and sufficiency of evidence defenses. We will investigate every possible defense in every case.

We will protect YOUR rights Contact us at 602-494-0556

Disclaimer: These materials have been prepared for informational purposes only and are not legal advice. The material posted on this site is not intended to create, and receipt of it does not constitute, a lawyer/client relationship. Readers should not act upon it without seeking professional counsel.