If you’re like most Arizona drivers, you’re well-aware of the
fact that it’s against the law to drive with a
blood alcohol concentration (BAC) of .08 percent. What you may not know is that in reality, it’s
illegal for anyone who is under the influence of alcohol or
any drugsto 1) be in actual physical control of an automobile, or 2) to drive a vehicle.
If you are convicted of your
first DUI offense and there were no “aggravating factors,” which make the penalties
worse, you face: a minimum of 10 days in jail, a minimum fine of $1,250,
alcohol education and treatment, community service, and you must have
an Ignition Interlock Device (IID) installed in your vehicle. Those are
the penalties for a standard DUI, so what is categorized as an
Aggravated DUI in Arizona
There’s a traditional
DUI and then there’s an “aggravated DUI,” which is more serious. What makes a DUI aggravated? Any of the
following factors elevate a standard DUI to an aggravated DUI in Arizona:
- A person commits DUI while their driver license is canceled, suspended
- It’s the persons third DUI offense within 84 months.
- There was a passenger under the age of 15 in the vehicle at the time of
the DUI arrest.
- The suspect commits DUI while they are ordered to have an IID installed
in their vehicle.
- The suspect refuses to submit to a chemical test while they’re ordered
to have an IID in their vehicle.
If convicted of aggravated DUI, you face a minimum prison term of
two years, community service, and a one-year license revocation. You will be required
to install an IID and you must undergo an alcohol screening, education
Are you facing DUI charges? If so,
contact our firm to schedule a
free DUI defense consultation with Attorney Davidson, a
former prosecutor turned Phoenix DUI attorney.