Arizona DUI Interlock Device
Most vehicle operators are conscious of the various consequences of an arrest for a DUI in Arizona. The loss of one's drivers license, an increase in insurance rates and fines are all outcomes that motorists want to avoid if at all possible. While loss of mobility is an important concern, incarceration and loss of liberty is the most drastic result that drivers fear after a drunk driving arrest. Arizona drunk driving laws have changed over the years, and knowledge of the range of punishments for drinking and driving offenses is an important asset for someone who has recently been arrested.
The differences between basic DUI offenses and aggravated DUI offenses, as well as the effect of other circumstances such as drug-related DUI and out-of-state DUI, can all play a role in the severity of consequences that a driver faces if convicted. Arizona DUI Sentencing:
First-Time Versus Repeat DUI Offenses The most basic distinction in DUI sentencing is whether the driver has ever been convicted of a similar offense. A conviction for a first-time basic DUI blood alcohol content over .08 means one to ten days in jail, over $1,000 in potential fines and, since 2007, a mandatory ignition interlock installation at the driver's expense.
A driver convicted of a second DUI within seven years 84 months of a first conviction is susceptible to a mandatory 30-day to 90-day jail sentence, community service, significantly higher fines and license suspension of one year. DUI punishments also increase based on the driver's blood alcohol concentration BAC. Extreme DUI is an escalated charge based on a BAC measurement of .15 or more within two hours of driving. Arizona also recognizes a "Super Extreme" level of DUI enforcement, meaning a .20 BAC or higher. A first offense Super Extreme DUI means a minimum of 45 days in jail, along with other enhanced punishments.
More severe criminal consequences also result from a conviction involving any legally recognized aggravating factor. Under Arizona law, a person can be charged with a felony, Aggravated Driving Under the Influence, if he or she:
Is found guilty or pleads guilty to DUI during a period when his or her driver's license or driving privileges have been cancelled, suspended, revoked, or refused or if the driver was required to use an interlock device
Violates Arizona drunk driving laws while a person under 15 years of age is in the vehicle Felony DUI charges put an offender at greater risk for long-term incarceration, especially if the defendant has a previous conviction on a drug charge, domestic violence offense or other felony on his or her criminal record
Commits a third or subsequent DUI violation within five years 60 months of a previous conviction
A host of factors influence whether a conviction will lead to significant jail time or only lesser consequences. Arizona's DUI penalties escalate with respect to several different variables, and a defendant's guilty plea can lead to a more positive outcome in certain cases.
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