Victim of DUI

A Victim’s Guide to DUI Penalties in Arizona

dui-victim-phoenix

If you’ve been a victim of a DUI accident in Arizona, you may be interested to learn what penalties the driver who hit you (or a family member) faces.

Of course, in order to face DUI penalties, a driver must actually be convicted of DUI.  The driver’s defense attorney may be able to get the case thrown out before trial, or the driver may not be convicted by a jury for a variety of reasons.

Arizona law makes it unlawful for a person to “drive or be in actual physical control of a vehicle”:

  1. While under the influence of intoxicating liquor, any drug, a vapor-releasing substance containing a toxic substance, or any combination of liquor, drugs, or vapor releasing substances if the person is impaired to the slightest degree.
  2. If the person has an alcohol concentration of 0.08 or more within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle.
  3. While there is any drug (from a long list) or its metabolite in the person’s body.
  4. If the vehicle is a commercial motor vehicle that requires a person to obtain a commercial driver license and the person has an alcohol concentration of 0.04 or more.

First Offense

A person convicted of DUI for the first time:

  1. Shall be sentenced to serve not less than ten consecutive days in jail and is not eligible for probation or suspension of execution of sentence unless the entire sentence is served.
  2. Shall pay a fine of not less than two hundred fifty dollars.
  3. May be ordered by a court to perform community restitution.
  4. Shall pay an additional assessment of five hundred dollars to the prison construction and operations fund.
  5. Shall pay an additional assessment of five hundred dollars to the public safety equipment fund.
  6. Shall be required by the department, on report of the conviction, to equip any motor vehicle the person operates with a certified ignition interlock device.

Suspended Sentences for First-Time Offenders

A judge may suspend all but one day (24 hours) of the sentence if the driver completes a court-ordered alcohol or drug treatment, screening, or education program.

If the driver fails to complete the program, he or she may have to serve the rest of his or her suspended sentence.

Repeat Offenders

If a person is convicted of DUI for a second time within 84 months of the first conviction (or under certain other circumstances), the person:

  1. Shall be sentenced to serve not less than ninety days in jail, thirty days of which shall be served consecutively, and is not eligible for probation or suspension of execution of sentence unless the entire sentence has been served.
  2. Shall pay a fine of not less than five hundred dollars.
  3. Shall be ordered by a court to perform at least thirty hours of community restitution.
  4. Shall have his or her driving privilege revoked for one year.
  5. Shall pay an additional assessment of one thousand two hundred fifty dollars to the prison construction and operations fund.
  6. Shall pay an additional assessment of one thousand two hundred fifty dollars to the public safety equipment fund.

Suspended Sentences for Repeat Offenders

A judge may suspend all but 30 days of the jail sentence for a repeat offender if the driver completed a court-ordered alcohol or drug treatment, screening, or education program

Extreme DUI

“Extreme” DUI is the condition of having an alcohol concentration of 0.15 or more (i.e., about twice the legal limit or higher) within two hours of driving or being in actual physical control of a vehicle.

A person who commits extreme DUI:

  1. Shall be sentenced to serve not less than thirty consecutive days in jail and is not eligible for probation or suspension of execution of sentence unless the entire sentence is served.
  2. Shall pay a fine of not less than two hundred fifty dollars.
  3. Shall pay an additional assessment of two hundred fifty dollars.
  4. May be ordered by a court to perform community restitution.
  5. Shall be required to equip any motor vehicle he or she operates with a certified ignition interlock device.
  6. Shall pay an additional assessment of one thousand dollars to the prison construction and operations fund.
  7. Shall pay an additional assessment of one thousand dollars to the public safety equipment fund.

Repeat Extreme DUI Offenders

A driver who has a second extreme DUI conviction within 84 months of the first one

  1. Shall be sentenced to serve not less than one hundred twenty days in jail, sixty days of which shall be served consecutively, and is not eligible for probation or suspension of execution of sentence unless the entire sentence has been served.
  2. Shall pay a fine of not less than five hundred dollars.
  3. Shall pay an additional assessment of two hundred fifty dollars.
  4. Shall be ordered by a court to perform at least thirty hours of community restitution.
  5. Shall have his or her driving privilege revoked for at least one year.
  6. Shall pay an additional assessment of one thousand two hundred fifty dollars to the prison construction and operations fund.
  7. Shall pay an additional assessment of one thousand two hundred fifty dollars to the public safety equipment fund.

Aggravated DUI

Aggravated DUI occurs when a person:

  1. Commits a DUI violation while his or her driver’s license or privilege to drive is suspended, canceled, revoked, or refused or while a restriction is placed on the person’s driver license or privilege to drive as a result of violating the DUI laws.
  2. Within a period of eighty-four months commits a third or subsequent violation of the DUI laws.
  3. While a person under fifteen years of age is in the vehicle, commits a violation of the DUI laws.
  4. Commits a DUI offense after being ordered to install an ignition interlock device.

A person convicted of aggravated DUI:

  1. May not get a new driver’s license within one year of the date of the conviction and must equip any motor vehicle the person operates with a certified ignition interlock device.
  2. Must pay an additional assessment of two hundred fifty dollars.
  3. Shall pay a fine of not less than seven hundred fifty dollars.
  4. Shall pay an additional assessment of one thousand five hundred dollars to the prison construction and operations fund.
  5. Shall pay an additional assessment of one thousand five hundred dollars to the public safety equipment fund.

Popular DUI Victim Articles

More DUI Victim Articles