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Arizona DUI Law

Third Offense Felony Aggravated DUI Penalties in Arizona

Watch as David Cantor explains a 3rd Offense Felony Aggravated DUI in Arizona:

 

A third offense felony Aggravated DUI in Arizona is a DUI in which an individual has any two prior allegable felony convictions. These priors do not necessarily have to be Aggravated DUI charges, but they can be any prior felony convictions. For example, if an individual has two prior felonies for possession of marijuana and theft, the DUI is considered a third offense felony Aggravated DUI. Even if the individual did not complete any jail or prison time on the two priors, the new Aggravated DUI will result in severe punishments.

When convicted of a third offense felony Aggravated DUI in Arizona, the individual will be required to complete a mandatory minimum of six years in PRISON. However, the prison time can reach a maximum of 15 years, with a presumptive prison term of 10 years. As a result of the prison term, individuals will most likely lose their mortgage and home, and their license will be lost for years. The standard offer by the state of Arizona is six years in prison. However, if the prior felonies are found to be lacking information such as a missing fingerprint, paperwork (particularly from out of state priors) or an attorney-client waiver form, the sentence can be significantly reduced. For example, rather than serving six to fifteen years on a third offense, the individual might then only serve four months in prison on the basis of a first offense Aggravated DUI.

There is no reason to sugar coat the punishment, a 3rd offense felony Aggravated DUI charge is very, very serious. The presumptive PRISON sentence is 10 years, how does that sound? As stated above, if you have previous DUI charges, we might be able to help you get those thrown out so they don’t count, thus making the current charge less than a 3rd offense felony Aggravated DUI. What is your future worth to you?

 

For a Free Case Consultation, please call our offices at (602) 307-0808 to schedule an appointment. Our offices are available 24 hours a day by phone or by email.

Third Offense Extreme DUI Penalties Arizona

An extreme DUI is any time when your blood alcohol content is .150 to .199. A third offense means you have two prior DUI convictions within the previous seven years, and those other DUIs do not have to be extreme DUIs; they can be any DUI conviction within the past seven years.

Looking for the penalties for 1st Offense Extreme Misdemeanor or 2nd Offense Extreme Misdemeanor?

 

Watch as David Cantor explains the punishments for a 3rd Offense Extreme DUI in Arizona:

 

Technically, if you get your third DUI in seven years of any type it can be charged as a felony, or an aggravated DUI. The consequences can mean four months in prison as well as many other consequences. Occasionally, cities will charge you with a misdemeanor DUI and keep it in the city court system. If they do keep it in the city system, then the standard offer will be six months in jail (not prison), which allows you to obtain a work release for 12 hours, five days a week. The city may keep it in their misdemeanor jurisdiction because there is a proof problem with one or both of your previous DUIs. For example, there may be an out-of-state prior, and many times there are no fingerprints taken at the time you plea; there may be no attorney waiver in the file; or there may be no guilty plea proceeding form on the record. That means in order to prove the prior many times they would have to fly someone in from out of state, to make the prior admissible. That’s why it is important to get an attorney who knows how to challenge and attack prior convictions.

If you are convicted of a third offense misdemeanor extreme DUI, you will be sentenced to 180 days in jail, and the jail time will cost you $14,500. The fines associated with a 3rd Offense Extreme DUI will be $4,649. Just the fine and jail costs alone will be almost $20,000. There are other repercussions as well – your commercial driver’s license will be gone. If you are a healthcare provider, legal professional, real estate agent, hold an SEC license, or work with the government or military, you will probably be suspended or fired depending upon your occupation. You will also have to attend 36 substance abuse classes ($585), install an ignition interlock device for at least two years ($2,400), and have your license suspended for at least one year.

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If you choose to drive once you get your license back, your car insurance will go up $3,000 per year for the next three years ($9,000) and you’ll have to maintain an SR-22 policy on your car as well which is $500 per year for three years ($1,500). Go to our website at DMCantor.com and visit the Victory section – you’ll see how many extreme DUIs and second- and third-offense extreme DUIs we have beaten. Many times we are able to eliminate the prior DUIs, and then the 3rd Offense Extreme DUI charge can be reduced to a first offense. That drops the jail term from 180 days to 30. If reduced to a first offense regular DUI, then this also means one day in jail which will drop the costs from $26,000 to just $4,000.

Let’s review the punishment for a 3rd Offense Extreme DUI in Arizona:

  • 180 days in prison, with no work release available
  • $14,500 In Jail Costs
  • $4,649 in Fines
  • $1,500 for SR-22 Policy for three years
  • $3,000 annual insurance increase for the next three years
  • License suspension for at least one year

It’s important to hire a DUI defense attorney who knows what he is doing. Visit DMCantor.com and you can see our qualifications Please fill out a contact form to set-up a free initial office consultation. You can also call us (602) 307-0808 to schedule an appointment. If this applies to you, a loved one or a family member, give us a call – we would love to help you out.

Aggravated DUI with Child in Car – Arizona DUI

A DUI with a child in the car is referred to as “Aggravated DUI with Kid in Car”. This is a felony charge and carries more severe penalties than a typical misdemeanor DUI charge in Arizona.

In this short video, David Cantor explains what an Aggravated DUI with Kids in the Car means:

If you are stopped for a DUI with a child in the car under the age of 15, you will be charged with an Aggravated DUI and will usually be arrested on the scene. Your car will be impounded, and either a family member or Child Protective Services will be contacted to take the child home.

Depending on the results of the blood or breath test and if you do not have a prior DUI conviction, you can be sentenced to as little as 10 days in jail or as many as 45 days. Fines and jail costs range from $1,667 for a typical conviction to nearly $7,000 for a Super Extreme DUI with a blood or breath test blood alcohol content registering .20 or higher. The penalties are increased for a driver with prior DUI convictions, especially if the conviction occurred within the last seven years.

You will also lose your driver’s license for one year. If you choose to drive once your license has been reinstated then you will be required to have an Interlock Ignition Device installed on the car’s steering wheel at a cost of $1,200 per year ($2,400). This device requires a driver to blow into it in order to start the car and requires that the driver continue to blow into it every 15 minutes while the car is in operation. Every 90 days, you will be required to go to an interlock facility to have the device’s chip downloaded, in order to verify that you have not driven the vehicle with alcohol in their system.

Also, you will be required to have an SR-22. Under this high-risk auto insurance provision, the insurance companies report the driver to the DMV any time there is a lapse in coverage. The SR-22 policy is usually $500 per year and required for 3 years ($1,500). If you choose to continue to drive you can also expect an increase in your car insurance premiums. The average premium increase after a DUI conviction is $3,000 per year for 3 years ($9,000).

If convicted of any felony DUI, expect to lose any professional licenses, the right to vote, and any gun licenses. If you are engaged in a child custody dispute, you will be presumed unfit as a parent based on this conviction.

The Law Offices of David Michael Cantor has been successful in many Aggravated DUI cases with children in the car. We can and will work to have the charges reduced to a regular misdemeanor DUI in order to avoid the more severe penalties that come with a felony conviction. Call (602) 307-0808 today to schedule a free initial consultation. The consultation will take about 30 minutes and will allow us time to review your case. Our offices can be reached 24 hours a day via email or by calling us at (602) 307-0808.

Second Offense Misdemeanor Extreme DUI Penalties in Arizona

A 2nd Offense Misdemeanor Extreme DUI in Arizona is any DUI in which the blood alcohol level content is .150 to .199. It is a second offense Extreme DUI if the individual has a prior DUI offense of any kind within the last seven years, and the current DUI is extreme. The individual does not necessarily need to have a prior extreme to have a 2nd offense extreme, as the prior DUI can be any DUI within 7 years time.

Are you looking for the punishments for a First Extreme DUI or Third Extreme DUI in Arizona?

 

Here is a short video of David explaining the punishment for a Second Offense Extreme DUI in Arizona:

If convicted of a 2nd Offense Misdemeanor Extreme DUI in Arizona, there are various punishments and fines. The individual will be required to serve 120 days of jail time and pay related costs, fines and surcharges of $13,744. The individual will also be required to undergo substance abuse screening for alcohol classes at a rate of $50, complete 36 of these classes for $585, and complete 30 hours of community service. Furthermore, the individual’s license will be suspended for a full year. At the completion of that year, a certified ignition interlock device is required to be added to the individual’s vehicle for 18 months, which will cost $1,500 to $1,800. The driver must blow into this device in order to start the vehicle (it is hooked to the steering wheel), and then again every 15 minutes to keep the car running. Every 90 days, the individual must enter a specialized area to download the chip from the interlock device to prove that they have not been driving with alcohol in their system.

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If convicted of a 2nd Offense Misdemeanor Extreme DUI in Arizona, there are also major insurance and career ramifications. A special ‘SR-22’ provision must be added to the individual’s insurance for $500 a year for three years ($1,500), which requires the insurance company to inform the DMV if the insurance lapses. In addition, your car insurance will increase $3,000 a year higher than their current rate for the next three years for a total of $9,000. If the individual has a commercial driver’s license, this will be revoked. If you have a career as a doctor, nurse, lawyer, teacher, etc., you will likely be fired or suspended because of this DUI conviction.

Let’s review the penalties associated with a 2nd Offense Misdemeanor Extreme DUI in Arizona:

• 120 days of jail time
• Jail costs, fines and surcharges: $13,744
• Substance abuse screening for alcohol classes: $50
• 36 hours of alcohol classes for: $585
• 30 hours of community service
• Suspended license for a full year
• Ignition interlock device for 18 months at a cost of: $1,800
• Additional ‘SR-22’ insurance provision for $500 per year for 3 years: $1,500
• Additional insurance premium costs of $3,000 for 3 years: $9,000

 If you choose to drive legally once your driver’s license is reinstated, the total cost is approximately: $26,679

In the State of Arizona, a conviction for a second offense Extreme DUI is a very serious situation. Our firm has had great results in defending these types of DUI cases, see our case results here. If you or a loved one has been suspected of a second offense DUI in Arizona, please call (or email) our offices at (602) 307-0808 to schedule a free case consultation.

First Offense Extreme DUI Misdemeanor Penalties in Arizona

In the State of Arizona any DUI with a blood alcohol content (BAC) of .150 to .199 is an Extreme DUI (A.R.S. §28-1382). The Extreme DUI charge will be considered a first offense, assuming you don’t have any prior DUI convictions in the last 7 years.

Are you looking for something different? Here are the links for 2nd Offense Extreme DUI and 3rd Offense Extreme DUI in Arizona.

 

Here’s a short video of David explaining the punishments for 1st Offense Extreme DUI in Arizona:

 

The consequences of a First Offense Extreme DUI is 30 days in jail, although 21 days can be suspended if you install an ignition interlock device. If not, the 30 days in jail will cost you $2,500. The fines and surcharges are $2,787, and the screening for substance abuse classes is $50. The court can give you between 16 and 36 hours, but it is almost always 36 hours, and the costs are $585. You will also lose your license for a minimum of three months, and when your license is reinstated you will need to get an ignition interlock device if you haven’t already, which you have to blow into every time you start your car and every fifteen minutes thereafter. That costs $1,000 to $1,200, and you have to take the device in every 90 days so the data can be downloaded and analyzed to ensure you have not been driving with alcohol in your system.

You will also need to maintain an SR-22 insurance policy, which is a special type of high-risk insurance where the insurance company contacts the DMV should your insurance lapse at any time. The SR-22 insurance costs $500 per year, and you need to maintain it for three years, totaling $1,500. In addition to that, your insurance will go up $3,000 per year for the next three year – that’s another $9,000.

After receiving a First Offense Extreme DUI if you simply avoid driving and take public transportation, you will still have to pay $7,122 to the government and state agencies. If you decide to continue to drive once your license has been reinstated, you will have to pay a total of approximately $17,622 over three years.

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If you have a CDL, or commercial driver’s license, you’ll lose it. If you’re a doctor, nurse, pilot, lawyer, have a real estate license, an SEC license, government, military – it’s going to affect your job, especially if you do outside sales. For insight into how the Law Offices of David Michael Cantor can help you, browse the victory section on our website, DMCantor.com, to see how our firm gets cases dismissed completely or reduced from an extreme DUI to a regular DUI, which saves thousands of dollars and 29 days in jail. In some cases, extreme DUIs can be reduced to reckless driving, which requires just a fine.

Hiring a lawyer to defend a First Offense Extreme DUI charge is crucial, because you don’t want to end up subjected to this harsh punishment:

  • 30 days in jail: $2,500
  • DUI Fines: $2,787
  • Requirement to install an ignition interlock system: $1,200
  • Alcohol Screening: $50
  • Up to 36 hours of alcohol education classes: $585
  • SR-22 Policy $500 per year: $1,500
  • Increase Car Insurance Premiums $3,000 per year: $9,000

If you choose to legally drive after a conviction for a First Offense Misdemeanor Extreme DUI then you are looking at approximately $17,622 in costs associated with the sentence.

If you are faced with these circumstances please give our office a call at (602) 307-0808 to get a Free Case Review. We’re also available 24 hours a day via answering service or by using our secure web form.

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