DUI Lawyer in Chandler, AZ

A DUI Overview

Arizona is a ZERO Tolerance state which makes finding a skilled DUI attorney impetrative to your case.

There are various types of Driving Under the Influence (DUI) in Arizona. The most common DUI charge occurs when, while under the influence of alcohol, an individual driver while “impaired to the slightest degree.” Another common charge occurs when an individual’s alcohol concentration is .08 or more within two hours of driving. These two charges are referred to as a Regular DUI.

An Extreme DUI occurs when an individual’s alcohol concentration is .15 or more within two hours of driving. A Super Extreme DUI occurs when an individual’s alcohol concentration is .20 or higher within two hours of driving.

Did you know that in Arizona you can be charged with a DUI even if you were not driving your vehicle? The DUI statute requires only that you were in “actual physical control” of the vehicle. In determining whether you were in “actual physical control,” a variety of factors are taken into consideration, including the following:

  1. Whether the ignition was on
  2. Where the individual was located
  3. Whether the individual was awake or asleep
  4. Where the vehicle was located
  5. Time of day

It is a defense to an “actual physical control” charge that you were using the vehicle as a stationary shelter and did not pose a threat to the public.

DUIs can also be charged when the driver was under the influence of legal or illegal drugs. For more information about Drug DUIs, Arizona Revised Statutes § 28-1381(A)(3).

First Offense DUI

  1. First Offense Simple DUI (Class 1 Misdemeanor)
    1. Court-imposed penalties:
      1. Jail
        1. Mandatory minimum = 10 days, 9 suspended with alcohol screening and recommended follow-up treatment.
        2. Maximum = 6 months in jail
      2. Fine
        1. Maximum = $2,500 (plus an 83% surcharge)
        2. Typical fine = approximately $1,600
  • Additional Penalties
    1. Possible Alcohol/Drug Screening or Treatment
    2. Possible DUI Impact Panel
    3. Possible Community Service
    4. Possible Probation for up to five years
  1. MVD-imposed penalties
    1. 90-day license suspension
    2. Mandatory minimum Ignition Interlock Device for one year
  • 8 points on your driving record (which results in Traffic Survival School or point suspension)
  1. Possible SR22 insurance
  2. Second Offense (within 7 years) Simple DUI (Class 1 Misdemeanor)
    1. Court-imposed penalties
      1. Jail
        1. Minimum = 90 days, 60 days suspended with alcohol screening and recommended follow-up treatment.
        2. Maximum = 6 months in jail
      2. Fine
        1. Maximum = $2,500 (plus 83% in surcharges)
        2. Typical = $3,600
  • Additional Penalties
    1. Mandatory Community Restitution
    2. Possible Alcohol/Drug Screening or Treatment
    3. Possible DUI Impact Panel
    4. Possible Probation for up to five years.
  1. MVD-imposed penalties
    1. Mandatory Revocation of license for one year
    2. Mandatory Ignition Interlock Device for one year following revocation of license
  • 8 points on your driving record (which results in Traffic Survival School or point suspension).
  1. Possible SR22 insurance
  2. First Offense Extreme DUI (.15 or more but less than .20) (Class 1 Misdemeanor)
    1. Court-imposed penalties
      1. Jail
        1. Minimum = 30 days, 21 suspended with one-year ignition interlock (which MVD requires anyways)
        2. Maximum = 6 months in jail
      2. Fines
        1. Maximum = $2,500 (plus 83% surcharge)
        2. Typical = approximately $2,800
  • Additional penalties
    1. Possible Alcohol Screening/Counseling
    2. Possible DUI Impact Panel
    3. Mandatory ignition interlock for one year (or longer)
    4. Possible Community Restitution
    5. Possible Probation for up to five years
  1. MVD-imposed penalties
    1. 90-day license suspension
    2. Ignition Interlock device for one year (court can extend)
  • 8 points on your driving record (which results in Traffic Survival School or point suspension).
  1. Possible SR22 insurance

Second Offense DUI

  1. Second Offense (within 7 years) Extreme DUI (.15 or more but less than .20) (Class 1 Misdemeanor)
    1. Court-imposed penalties
      1. Jail
        1. Minimum = 120 days (4 months) with no possibility of suspended sentence.
        2. Maximum = 6 months in jail
      2. Fine –
        1. Maximum = $2,500 (plus 83% surcharge)
        2. Typical = $3,800
  • Additional Penalties
    1. Mandatory Community Restitution (30 hours)
    2. Possible probation
    3. Possible Alcohol screening/Counseling
    4. Possible DUI Impact Panel
  1. MVD-imposed penalties
    1. Revocation of license for one year
    2. Mandatory Ignition Interlock Device for one year following revocation of license (court can extend).
  • 8 points on your driving record (which results in Traffic Survival School or point suspension)
  1. Possible SR22 insurance
  2. First Offense Super Extreme DUI (.20 or more) (Class 1 Misdemeanor)
    1. Court-imposed penalties
      1. Jail
        1. Minimum = 45 days, 31 days of the sentence with installation of interlock device (which MVD will require anyways)
        2. Maximum = 6 months
      2. Fines
        1. Maximum = $2,500 (plus 83% surcharge)
        2. Minimum = $3,300
  • Additional penalties
    1. Possible Alcohol Screening/Counseling
    2. Possible DUI Impact Panel
    3. Possible Community Restitution
    4. Possible Probation for up to five years
  1. MVD-imposed penalties
    1. 90-day license suspension
    2. Ignition Interlock device for 1.5 years (court can extend)
  • 8 points on your driving record (which results in Traffic Survival School or point suspension)
  1. Possible SR22 insurance
  2. Second Offense (within seven years) Super Extreme DUI (.20 or more) (Class 1 Misdemeanor)
    1. Court-imposed penalties
      1. Jail
        1. Minimum = 180 days (6 months) with no possibility of suspended sentence.
        2. Maximum = 6 months
      2. Fines –
        1. Maximum = $2,500 (plus 83% surcharge)
        2. Typical = approximately $4,7,00
  • Additional penalties
    1. Mandatory Community Restitution (30 hours)
    2. Possible alcohol screening/counseling
    3. Possible DUI Impact Panel
    4. Possible probation
  1. MVD-imposed penalties
    1. Revocation of license for one year
    2. Mandatory Ignition Interlock Device for 1.5 years following revocation of license (court can extend).
  • 8 points on your driving record (which results in Traffic Survival School or point suspension)
  1. Possible SR22 insurance

Extreme DUI 

  1. First Offense Extreme DUI (.15 or more but less than .20) (Class 1 Misdemeanor)
    1. Court-imposed penalties
      1. Jail
        1. Minimum = 30 days, 21 suspended with one-year ignition interlock (which MVD requires anyways)
        2. Maximum = 6 months in jail
      2. Fines
        1. Maximum = $2,500 (plus 83% surcharge)
        2. Typical = approximately $2,800
  • Additional penalties
    1. Possible Alcohol Screening/Counseling
    2. Possible DUI Impact Panel
    3. Mandatory ignition interlock for one year (or longer)
    4. Possible Community Restitution
    5. Possible Probation for up to five years
  1. MVD-imposed penalties
    1. 90-day license suspension
    2. Ignition Interlock device for one year (court can extend)
  • 8 points on your driving record (which results in Traffic Survival School or point suspension).
  1. Possible SR22 insurance

Super Extreme DUI

  1. First Offense Super Extreme DUI (.20 or more) (Class 1 Misdemeanor)
    1. Court-imposed penalties
      1. Jail
        1. Minimum = 45 days, 31 days of the sentence with installation of interlock device (which MVD will require anyways)
        2. Maximum = 6 months
      2. Fines
        1. Maximum = $2,500 (plus 83% surcharge)
        2. Minimum = $3,300
  • Additional penalties
    1. Possible Alcohol Screening/Counseling
    2. Possible DUI Impact Panel
    3. Possible Community Restitution
    4. Possible Probation for up to five years
  1. MVD-imposed penalties
    1. 90-day license suspension
    2. Ignition Interlock device for 1.5 years (court can extend)
  • 8 points on your driving record (which results in Traffic Survival School or point suspension)
  1. Possible SR22 insurance