If charged with DUI in Arizona, there are two charges - a civil charge and a
criminal charge. The proceeding for the civil charge will be held at the Arizona
Motor Vehicle Division (MVD) before an administrative hearing officer to
determine whether or not your license will be suspended. Your first step
is to file a request for an administrative hearing within
15 (fifteen) days of having received your ticket. This is a very important aspect to your DUI charges and your case. This MVD
hearing is separate from the proceeding for the criminal charge. You will not be
sentenced to incarceration during this hearing. However, it is equally important
because it concerns your driving privileges. Depending upon the outcome of this
MVD hearing, you could have a suspended, revoked, restricted or
otherwise inhibited license. It is important that you have your DUI defense
attorney present. Your Arizona DUI attorney will champion your rights and
make sure you receive the shortest license suspension possible at your MVD
hearing. A lengthy license suspension could be detrimental to your job,
family and other responsibilities. If you have been charged with an Arizona DUI it is important
to realize that time is very critical. You could lose your Arizona Driver's
License if you do not act immediately, so call our toll free
number 1-866-995-9410 or fill out the
Free DUI Consultation Form on the appropriate county information page.
Simply click on the county link below and it will take you to the county page.
Find an Arizona DUI Lawyer
YOU HAVE 15 (fifteen) DAYS IN WHICH TO REQUEST AN ADMINISTRATIVE
HEARING
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Impaired driving is one of the deadliest crimes in Arizona. In 2006, there
were 585 alcohol-related fatalities in Arizona; 409 of them involved drivers
with a BAC of .08% or higher. The penalties for impaired driving in Arizona are
severe and include: mandatory jail time, thousands of dollars in fines and court
fees, drivers license suspension, vehicle impoundment, and other costs. Senate
Bill 1029 mandates ignition interlock devices (IID) for all offenders.
Previously, IIDs were only required for aggravated and extreme DUIs. Another
sentencing change is a "Super Extreme" level for offenders with a .20 BAC or
higher. The sentence includes 45 days minimum in jail.
The penalties for
DUI in Arizona, even if this is your first DUI charge, are serious. Refusing a
breath test in Arizona could mean that you lose your driver's license for 12
months. Your second refusal in five years can get you a suspended license for
two years. You may face two separate charges at the same time. Driving While
Under the Influence (DUI), requiring the State to prove that your ability to
drive was impaired to the "slightest degree," and Driving While Intoxicated,
(DWI) otherwise known as having a blood alcohol concentration of above .08
within two hours of driving. If your alcohol reading shows a concentration above
.15, the State can now charge you with Extreme DUI.
An Extreme DUI is a law passed by the Arizona State Legislature, which enhances penalties for DUI based on blood or breath alcohol content over .15 within 2 hours of driving. If convicted, the increased penalties include a minimum, mandatory 10-day jail sentence, the installation of a breath interlock device on your vehicle, and also increased fines and fees.
First-time DUI Conviction:
Second Offense (within 84 months)
Increased Penalties for an Aggravated DUI (BAC of .15% or more)
Second Aggravated DUI Offense (within 84 months)
Penalties for Refusing a Breath Test
An Arizona DUI attorney can answer any questions you might have about the laws in Arizona or your specific DUI case. To speak with a DUI attorney near you today, fill out the free case evaluation form on the appropriate county page or call us, toll free, at 866-995-9410.
We can help you get the legal representation you need to fight your drunk driving charge in Arizona and possibly minimize or avoid such consequences as court costs, fines, probation, community service, penalties, jail time and a criminal record.
Our Arizona Criminal Defense Lawyers have proven track records in representing those accused of drunk driving. Getting expert legal help with your Arizona DUI can be affordable and easy. Our Arizona DUI Lawyers offer a free initial case evaluation and flexible payment options.
According to Maricopa County Attorney's Office website:
http://www.crimefreeaz.com/DUI :Driving under the influence of alcohol or drugs is against the law. Drivers who drive under the influence jeopardize innocent bystanders by doing so. In 2008, there were 39,991 DUI arrests in Arizona; making this offense responsible for the highest number of arrests or 11.9% of total arrests. 2008 recorded 6,757 alcohol-related vehicle crashes in the state and 324 people killed. Drinking drivers were involved in 59.26% of all fatalities in the State of Arizona. In Maricopa County alone there were 4,240 alcohol-related crashes, killing 132 and injuring 2,888 people. (Source: Crime in Arizona & the Arizona Department of Transportation)
Because of this growing problem, the State of Arizona has passed some of the toughest DUI laws in the Nation. In doing so, the state hopes to reduce DUI arrests as well as fatalities. Currently under these laws, if convicted, a defendant will have to install a certified ignition interlock device on their motor vehicle at their own expense.
This problem does not only affect adults, but youth as well. Underage drinking continues to be a problem among our youth. In 2006, alcohol-related fatalities in Arizona attributed to 107 youth deaths.
Links to Arizona State information:
Motor Vehicle Department: http://www.azdot.gov/MVDDUI Laws: http://www.azdps.gov/safety/impaireddriving/DUIlaws/default.asp
Driver's Manual: http://www.azdot.gov/mvd/custsvcguide.asp
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