If you are stopped for driving under the influence, and a test shows that you have an alcohol concentration of 0.08 percent or more (0.04 in a commercial vehicle requiring a commercial vehicle license), you will lose your driving privilege on the spot.
You may be found guilty of driving while intoxicated even though the BAC was less than 0.08 percent. If you are under 21, your license may be suspended if there is an alcohol concentration.
If you refuse to submit to or do not successfully complete any tests when you are arrested for driving under the influence, you will automatically lose your driving privilege for 12 months or 24 months for a second refusal within 84 months.
In addition to any criminal penalties imposed by the court for a second or third-offense DUI violation, your driving privilege will be automatically revoked.
DUI
First Offense – You will be jailed for not less than 10 consecutive days and fined and addressed not less than $1,250. You will also be required to undergo alcohol screening, education, and/or treatment and will be ordered to perform community service and equip any vehicle you operate with a certified ignition interlock device.
Second and Subsequent Offenses – You will be jailed for not less than 90 days, fined and assessed not less than $3,000, and your license will be revoked for 12 months. You will also be required to undergo alcohol screening/education/treatment and to equip any vehicle you operate with a certified ignition interlock device, and you will be ordered to perform community service.
Extreme DUI
This category of DUI applies to a person with an alcohol concentration of 0.15 or higher.
First Offense – You will be jailed for not less than 30 consecutive days and fined and assessed not less than $2,500. If the alcohol concentration is 0.20 or higher, you will be jailed not less than 45 days and will not be eligible for a suspended sentence. You will also be required to undergo alcohol/screening/education/treatment and will be ordered to perform community service and to equip any vehicle you operate with a certified ignition interlock device.
Second and Subsequent Offenses – You will be jailed for not less than 120 days, fined and assessed not less than $3,250, and your license will be revoked for 12 months. If the alcohol concentration is 0.20 or higher, you will be jailed not less than 180 days and will not be eligible for a suspended sentence. You will also be required to undergo alcohol screening/education/treatment, equip any vehicle you operate with a certified ignition interlock device, and will be ordered to perform community service.
Aggravated DUI
This category of DUI applies to a person who commits a DUI while suspended or revoked, commits a third DUI in 7 years, or commits a DUI while a person under 15 is in the vehicle.
The aggravated DUI law has been expanded to include violations where a person who is subject to a Certified Ignition Interlock Device (CIID) requirement and either:
Refuses to submit to a blood alcohol content test (BAC) or
Commits an extreme DUI or DUI violation.
You will be sent to prison for not more than 2 years and, in addition to any other penalty required by law, your license will be revoked for 3 years. You will also be required to undergo alcohol screening/education/treatment and to equip any vehicle you operate with a certified ignition interlock device.
Certified Ignition Interlock Device
A certified ignition interlock device is a breath alcohol testing instrument connected to the ignition and power system of the vehicle. The driver blows into the device before attempting to turn the ignition. If the driver’s alcohol level is above a certain level, the vehicle will not start. While the vehicle is in operation, the driver must blow into the device at random intervals.
Arizona law allows a person to obtain a special ignition interlock restricted driver’s license while the person’s Class D or Class G driving privilege is under suspension or revocation after a minimum period of 90 days has been served for any of the following:
The first offense for an implied consent violation.
Conviction of aggravated DUI or extreme DUI with a minor in the vehicle.
Conviction of DUI or extreme DUI or having any spirituous liquor in the person’s body while operating a motor vehicle while under 18 years of age.
Conviction of operating a motor vehicle while under 18, 19, or 20 years of age with any spirituous liquor in the person’s body.
The person has to comply with the certified ignition interlock device requirements complete alcohol treatment classes when required and carry proof of future financial responsibility insurance.
Executive Hearing Office
The Executive Hearing Office conducts hearings that have been requested by individuals or businesses contesting an Order issued by MVD. Although there are many kinds of hearings, most involve an appeal from an order suspending or revoking a driver’s license. Usually, suspension or revocation results from traffic law violations.
Whenever you have the right to appeal an order, the notice of suspension/revocation will inform you of the procedure to be followed if you choose to request a hearing. It is particularly important to file a hearing request within the time required by law. You may lose your right to the hearing if you delay.
If you need additional information concerning the procedure, call the Executive Hearing Office. Remember, the law only allows the Executive Hearing Office to provide general information. For more specific legal advice, you might consider consulting a DUI attorney.
Genesis DUI & Criminal Defense Lawyers – Mesa AZ Office
2915 E Baseline Rd Ste 116, Mesa, AZ 85206
(480) 900-2220
https://canyonstatelaw.com/mesa-criminal-defense-attorney/
Genesis DUI & Criminal Defense Lawyers – Surprise AZ Office
15331 W Bell Rd Ste 212, Surprise, AZ 85374
(623) 404-4702
https://canyonstatelaw.com/surprise-criminal-defense-lawyer/
Genesis DUI & Criminal Defense Lawyers – Gilbert AZ Office
4365 E Pecos Rd Ste 138, Gilbert, AZ 85295
(480) 757-8900
https://canyonstatelaw.com/gilbert-criminal-defense-lawyer/
Genesis DUI & Criminal Defense Lawyers – Chandler AZ Office
333 N Dobson Rd #5
Chandler, AZ 85224
(480) 648-9909
https://canyonstatelaw.com/chandler-criminal-defense-lawyer/
