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Arizona DUI Law

Temporary Driving Permit After Being Stopped for DUI in Arizona

Watch this short video where David Cantor explains the Temporary Driver’s Permit after being stopped for DUI in Arizona:

 

Can I still drive after a DUI arrest in Arizona?

Being pulled over and arrested for a DUI in Arizona is a confusing and scary experience. However, just because you are arrested does not mean you can no longer drive. The officer may take your plastic driver’s license but will hand you an Implied Consent / Administrative Per Se Affidavit that consists of a pink piece of paper with a yellow copy attached. Once you receive this, you have 15 days to request a hearing. If you do not, then in 90 days to 1 year you may lose your license. You need to bring these papers to your lawyer for review and have them request the hearing for you. Once you’ve requested a hearing, you will be handed the yellow copy of the Implied Consent / Administrative Per Se Affidavit. On the back is a temporary driving permit which allows you to drive even after the 15 days has run. If you are pulled over for any reason after your citation, this is what you will show the police officer. It shows that you are legally able to drive in the state of Arizona. Remember that this yellow sheet of paper is your actual license until your DMV hearing, which may be two to three months down the road.

If you are suspected of DUI, your license will be suspended if you refuse a blood alcohol test or if you have a blood alcohol level of .08 or higher. When the officer first pulls you over you have a choice of breathalyzer or a blood test. Should you choose the blood test; the results will take longer to arrive. They might not give you the Implied Consent / Administrative Per Se Affidavit, but will mail it to you later after the results of the blood test are determined to be a .08 or above. However, sometimes you will not receive the temporary driver’s permit in the mail. You will still be legal to drive for two to three months or until your hearing.

Whenever you are pulled over, it is advised that you seek a lawyer immediately. Call the Law Offices of David Michael Cantor at (602) 307-0808 to get a Free DUI Case Consultation. If you prefer, you can use our confidential web form to send us an email. Our offices are available 24 hours a day.

For more information about DUI in Arizona, click here. We also invite you to take time to look at our DUI case victories.

A.R.S. §28-1382 – Super Extreme DUI Arizona: 1st Offense Penalties

Driving under the influence is a dangerous thing to do, especially if the person driving is extremely drunk. If you or someone you know lives in Arizona, it’s a good idea to research the consequences of a first offense super extreme DUI (A.R.S. §28-1382) before anyone does something they’ll regret.

Watch this short video of David Cantor explaining the First Super Extreme DUI Penalties:

 

Super Extreme DUI: Penalties

What are the penalties for a Super Extreme DUI in Arizona? First, a DUI is considered “super extreme” if the blood alcohol content of a driver is 0.20 or more. If you get convicted of a super extreme DUI and have not had any other DUI convictions within the last seven years, you’re mandatory minimum sentence will be 45 days in jail. You’ll also have to pay back jail costs of at least $3,750 and additional fines of $3,244. You will then have to pay $50 to have a substance abuse screening, plus another $585 so you can take 36 alcohol abuse classes.

For three months after you’re convicted, you won’t be able to drive. Once you get your license back, you’ll have to have an ignition interlock device hooked up to your car, which can cost anywhere from $1,500 to $1,800. This means you’ll have to do a breath test every time you start your car and in 15 minute intervals if you’re driving for longer than a quarter of an hour. An SR22 policy is also required. You’ll have to pay a $500 fee every year for three years (for a total of $1,500) so your insurance agency can contact the DMV if you somehow stop being insured. Speaking of insurance, yours will go up $3,000 for each of the next three years because of your conviction (for a total of $9,000!).

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A lot of these fees are only applicable if you decide you want to drive after you get your license back. If you decide to forego driving for a few years, you will still owe $9,429 for your DUI. It’ll be much more if you decide to own and insure a car – $19,929.

The State of Arizona is very strict when it comes to driving under the influence. Even if you think you’re capable to drive, just remember that $20 for a taxi is much better than paying the state and your insurance company $20,000(!!) once you are convicted of a DUI in Arizona.

The only way to reduce the fines and penalties is to fight the DUI with the help of a DUI Defense lawyer. To get a Free Consultation for a Super Extreme DUI in Arizona, call the Law Offices of David Michael Cantor at (602) 307-0808 or send us an email. Our offices are available 24 hours a day.

Click here, to view our DUI Case Victories.

 

 

Second Offense Misdemeanor DUI Penalties in Arizona

Before you can be charged with a second DUI offense in Arizona, you must have a BAC (Blood Alcohol Content) of .08 to .149 and have a previous DUI conviction on your record. Arizona has a look-back period of seven years after the first DUI conviction. That means your first conviction will remain on your record for seven years. If you are arrested during your look-back period, you will be charged with a second DUI.

Arizona’s DUI laws are strict, and second drunk driving charges are taken very seriously. Compared to the first offense, the second DUI offense carries much stiffer penalties and fines.

Find what you’re looking for? Here are links for 1st Offense Misdemeanor DUI or Third Offense Misdemeanor DUI Penalties.

 

Watch this short video where David Cantor explains the penalties for a Second Offense Misdemeanor DUI in Arizona:


Minimum Possible Penalties for Second Offense Regular Misdemeanor DUI in Arizona

  • 90 days in jail with the possibility of 60 days suspended if Alcohol classes are completed. Minimum jail cost: $2,500
  • Alcohol Screening: $50
  • 36 Alcohol Classes: $585
  • Fines, Surcharges, and Assessments: $3,500
  • 1 year driver’s license suspension, followed by 1 year of Ignition Interlock Device: $1,000 – $1,200
  • 30 hours of Community Service
  • SR-22 Car Insurance Policy $500 per year for 3 years: $1,500
  • Car Insurance Increases up to $3,000 per year for 3 years: $9,000

Grand Total: $18,335 (with car insurance) or $7,835 (without car insurance)


What Happens After You are Charged with a Second Offense DUI?

Because each case is different, there is no right answer to what will happen in your situation. The outcome depends on the circumstances of your arrest and your defense strategy. While you will face jail time, you will not necessarily be ordered to go to jail. The best way to get accurate advice about your case and reduce your damages in court is to give the Law Offices of David Michael Cantor a call to get a Free DUI Case Review.

Call 602-307-0808 now to schedule a free consultation. You can also send us an email using our secure and confidential contact form. Click the following link to review our DUI Case Victories.

To review the other misdemeanor DUI charges in Arizona check these links: 1st Offense Misdemeanor DUI, 3rd Offense Misdemeanor DUI.

Statute of Limitations for Misdemeanor DUI in Arizona

In Arizona, many DUI offenses are classified as misdemeanors. Although the jail time and fines associated with different types of DUIs can vary based on whether it is a first or second offense and depending upon how high the blood alcohol level was, the statute of limitations in Arizona for misdemeanor DUIs remains the same.

Are you looking for the Statute of Limitations for Felony DUI? Click here.

Watch this short video where David Cantor explains the Statute of Limitations for a Misdemeanor DUI in Arizona:

Under A.R.S. § 13 – 107, misdemeanors in the state of Arizona have a statue of limitations of one year. This statute of limitations requires the State to formally file charges against you within that time period. According to A.R.S. § 13 – 107 (E), the time limitation does not include any time in which your identity is unknown. The statue of limitations also begins once the State actually becomes aware of the offense. Although this typically means a year from when you are arrested for committing the DUI, there may be exceptions to this.

For example, if you are commit a DUI in Arizona while you are visiting and then leave the state, the statue of limitations will not include the time that you are no longer in the state. According to A.R.S. § 13 – 107 (D), if you are on the run or entirely absent from the state, the statue of limitations is “tolled.” This means that the time period that the State has to bring charges against you is suspended until you are found or return to Arizona.

Another exception may exist if previous charges against you are dismissed before the time limit has expired. According to A.R.S. § 13 – 107 (G), a new prosecution against you can begin anytime within six months after the dismissal has been finalized, or at the original one year mark; whichever is longer.

Since the laws regarding the statute of limitations for misdemeanor DUIs in Arizona can be quite complex, if you have questions about impending charges, you should call the Law Offices of David Michael Cantor for a Free Case Consultation. We can be reached by phone at (602) 307-0808 or click the ‘Contact Us’ link above and send us an email using our secure and confidential form.

Arizona First Offense Misdemeanor DUI Penalties

When charged with a first offense DUI in Arizona, there are a couple of things that the state must take into account. The age, blood alcohol content (BAC) and the type of driver’s license are all factors to consider when charging someone with a DUI.

Other First Offense DUI Related Links: 1st Offense Extreme DUI, 1st Offense Super Extreme DUI, 1st Offense Aggravated Felony DUI, All Arizona DUI Laws.

Watch this short video about the First Offense DUI Penalties in Arizona:

First Offense DUI in Arizona

For one, if the offender is under 21 years of age, it does not matter what their BAC is. They will get charged with anything above a 0.00 BAC. The repercussions are not as harsh if the offender is under 18, but a repeat offender may be charged as an adult. If the driver is 21 years of age or older; then the BAC is taken into account during the arrest. If their BAC is equal to or exceeds .08, then they are charged with a DUI, or they can be charged if they are below .08 and are impaired by either alcohol or drugs. If the offender has a commercial driver’s license (CDL), then the provisions are a bit stricter. If a CDL driver’s BAC exceeds .04, then they can be charged with a DUI and harsher sanctions.

We've gotten over 2,100 DUI Wins in Arizona.

In Arizona, a person can be charged with a DUI, if they have a BAC between .08 and .149, or if they display overt signs of being under the influence. It is also possible to be charged with a DUI, if the police find the offender parked in their car with a BAC between .08 and .149 and their engine is running.

Penalties for First DUI in Arizona

A first offense DUI is classified as a Class 1 misdemeanor in the state of Arizona. In order to qualify for a first time offense DUI in Arizona, one must not have any prior DUI arrests within the past 7 years. If the DUI resulted in an accident that engendered the death of another individual, the offender cannot qualify for first time offense sanctions.

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The minimum jail sentence for someone charged with a first time offense DUI is 10 days, but most people will end up spending 24 hours in a jail cell and additional time in an alcohol screening program.

Fines will be another unwanted sanction for those charged with a first offense DUI. Fines and fees include:

  • A base fine, surcharges and assessments totaling: $1,537
  • Jail Cost for one day: $130
  • Alcohol Screening: $50
  • 16 – 36 Alcohol Classes: $135 – $585 total
  • One Year Ignition Interlock Device: $1,000 – $1,200
  • SR-22 Car Insurance Policy: $500 per year for 3 years = $1,500
  • Car Insurance Rate Increases: $3,000 per year for 3 years = $9,000

Grand Total: $14,002 (with car insurance) or $3,502 (without car insurance)

Once the offender submits to a chemical test, the driver will receive a 90-day driver’s license suspension. At the end of the suspension, offenders will have to install an ignition interlock devise (IID) at an official IID installation center. Finally, offenders may be required to take a state approved traffic school course to fulfill their sanctions.

Do I Need to Hire a DUI Lawyer?

A lot of people call our offices and ask, do I need to hire a DUI lawyer for my first DUI arrest? Did you read the penalties above? Do you want to deal with the consequences of a DUI conviction, first arrest or otherwise? Do you know the DUI defense strategies that work? Yes, you should hire an aggressive DUI lawyer to represent you in court. Our team of DUI defense lawyers know all of the best DUI defense strategies and we have years of experience working in the courts across the State of Arizona. If you are facing a First Offense DUI charge in Arizona, please call the Law Offices of David Michael Cantor at (602) 307-0808 to get a Free Case Review, or click the ‘Contact Us’ link on this page and send us an email and we’ll call you back to schedule an appointment.

We’re very good at what we do, please take a few minutes to read through our DUI Case Victories. Click the following link for more information regarding the different charges for DUI  in Arizona.

 

 

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