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Arizona DUI Law

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.

Statute of Limitations for Felony DUI in Arizona

Driving under the influence (DUI), is a very serious offense with serious consequences in the State of Arizona. If you are charged with a DUI in Arizona, especially if the charge is a felony, you should hire an experienced attorney who knows the law to handle the matter for you.

What is a felony DUI in Arizona?

In Arizona, you can be charged with a felony or aggravated DUI if any of the following is true:

  1. This is your third DUI charge within 7 years
  2. You were charged with driving under the influence while your license is suspended
  3. You were charged with driving under the influence with a child under age 15 in the car.

What is the Statue of Limitations for a Felony Aggravated DUI in Arizona?

 

 

The statute of limitations for a felony DUI in Arizona is seven years. That means that the prosecutor can charge you with a felony DUI for up to seven years after the date of the offense.

Sometimes, if you are charged with a felony DUI and the blood results are not back in time for the court date, the matter is dismissed. However, that does not mean the case is gone forever. Once the blood results are in, assuming the BAC is over the legal limit, the case can still be reinstated within the seven-year look back period.

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Because of the possibility of reinstatement even after your case is dismissed, you or your attorney should perform routine warrant checks approximately every month to make sure there is no outstanding warrant for your arrest. If no warrant has been brought within three years from the date of the offense, there is a good chance you will not be charged, even though there are four more years left on the statute.

Things can get tricky if the charge is filed after you have moved from the address where you lived at the time the offense occurred. If a summons cannot be served because the address on record is no longer correct, the summons will be returned to the court and a warrant will be issued for your arrest. That means it’s possible that you can be pulled over years later on a routine traffic stop and arrested for a felony DUI based on the outstanding warrant.

If you or a loved one has been suspected of a Felony DUI in Arizona please email us or give our offices a call at (602) 307-0808 for a Free Case Review. Please take a few minutes to review our DUI Case Victories.

 

 

 

Second Offense Felony Aggravated DUI Penalties in Arizona

An Aggravated DUI (driving under the influence) is charged as a felony in Arizona if it is your third such offense within seven years, or your license has already been revoked or suspended at the time you were stopped for DUI. A second offense Aggravated DUI occurs if you are picked up on a drunk driving charge and you have any prior felony. It does not have to be a DUI felony and it could have happened 20 years ago.

Watch this short video where David Cantor explains the punishment for a 2nd Offense Felony DUI in Arizona:

A second offense Aggravated DUI is a very serious offense in Arizona. Like child molestation, such a charge is “forever allegeable.” That means a conviction for aggravated DUI can be forever used against you and could be cited as “prior felony conviction” if you are once again charged with any felony.

A conviction of second offense Aggravated DUI in the State of Arizona can mean: 2.5 to 7.5 years in PRISON. You will lose your driver’s license for at least 3 years. In addition, if you decide to regain your license after three-year suspension, you must install an ignition interlock device for a two-year span at a cost of $2,000 – $2,400 to you. This device hooks onto the steering wheel, and you must blow into it in order to start your car. You also have to blow into it every 15 minutes to keep the car running. Every 90 days, you are required to take your car to have the interlock device tested to determine if you have been drinking and driving during that period.

Your car insurance provider will require an SR-22 policy in order to insure you, and that will cost $500 per year for a total of $1,500 over 3 years. Your auto insurance costs after an Aggravated DUI will increase at least $3,000 per year (for 3 years) for a total increase of $9,000. In addition, if you have a professional license, a gun license, or military job, you will lose it. You will even lose the right to vote.

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Let’s review the consequences of a conviction for a 2nd Offense Felony Aggravated DUI in Arizona:

  • 2.25 to 7.5 years in PRISON, 4 years in Prison is the average sentence
  • Driver’s License Revocation 3 years
  • Interlock Ignition Device: $2,400
  • SR-22 Insurance Policy $500 per year for 3 years: $1,500
  • Car Insurance Policy increase $3,000 per year for 3 years: $9,000

An Aggravated DUI is a very serious charge in the State of Arizona. If you or a loved one is facing these charges, give us a call at (602) 307-0808. We may be able to reduce the charge to a first offense DUI, which means less jail time, shorter loss of license, and fewer penalty costs. View our DUI Case victories to see a sampling of the results we’ve gotten for our clients. Call or email us for a free evaluation of your case today.

Click one of the following links for more information on different DUI charges: First Offense Aggravated DUI, First Offense Super Extreme DUI, Second Offense Super Extreme DUI, First Offense Misdemeanor DUI, Second Offense Misdemeanor DUI, Third Offense DUI.

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