DUI (Driving Under the Influence)

In Arizona, DUI and Aggravated DUI are serious offenses related to impaired driving. Under A.R.S. § 28-1381, a person can be charged with DUI if they are driving or in actual physical control of a vehicle:

1. While under the influence of alcohol, drugs, or a combination thereof, to the extent that they are impaired to the slightest degree;
2. With a blood alcohol concentration (BAC) of 0.08% or more within two hours of driving or being in actual physical control of a vehicle.

The penalties for DUI in Arizona depend on several factors, including the driver's BAC and whether it's a first offense or subsequent offense within a certain timeframe (usually 7 years). 

1. DUI is a Class 1 misdemeanor. If it is your first offense, you will spend a minimum of 24 hours in jail, up to 6 months. The fines are approximately $1,500, plus additional fees and assessments. Your driver’s license will be suspended for 90 days, and you will be required to complete alcohol or drug screening, education, or treatment programs.
2. Extreme DUI, if your BAC is 0.15% or higher, but less than 0.20%, is also a Class 1 misdemeanor. You will spend a minimum of 30 consecutive days in jail, up to six months. The fines are approximately $3,000, plus additional fees and assessments. Your driver’s license will be suspended for 90 days, and you will be required to complete alcohol or drug screening, education, or treatment programs.
3. Super Extreme DUI, if your BAC is 0.20% or higher, is also a Class 1 misdemeanor. You will spend a minimum of of 45 consecutive days in jail, up to six months. The fines are approximately $3,250, plus additional fees and assessments. Your driver’s license will be suspended for 90 days, and you will be required to complete alcohol or drug screening, education, or treatment programs.

In some cases, your jail time may be reduced if you equip your vehicle with an ignition interlock.

Aggravated DUI is a much more serious offense. Aggravated DUI occurs when a person commits DUI and:

1. Has two or more prior DUI convictions within the past 7 years (counting from the date of the current offense).
2. Commits DUI while their driver's license is suspended, canceled, revoked, or refused.
3. Commits DUI while a person under 15 years of age is in the vehicle (felony offense).

The penalties for Aggravated DUI are more severe than for regular DUI due to the aggravating factors involved. Aggravated DUI is a Class 4 felony with a potential prison range of 4 months to 3.75 years, depending on the specific circumstances. There are significant fines and assessments. Your driver’s license will be revoked, and you will be required to complete alcohol or drug screening, education, or treatment programs.

Repeat Aggravated DUI offenses or those involving particularly high BAC levels or other aggravating factors can lead to longer prison sentences and harsher penalties.

It's important to note that DUI laws and penalties in Arizona are stringent, and the consequences can have long-term impacts on one's personal and professional life. If facing DUI or Aggravated DUI charges in Arizona, seeking legal counsel from South & Wright is crucial to understanding your rights, exploring possible defenses, and navigating the legal process effectively.