First Offense DUI
A first offense, non-Extreme DUI is a Class 1 misdemeanor. In Arizona, if you are found guilty of a first offense DUI, you will spend at least 1 day in jail. The maximum sentence you could face would be 6 months in jail, a $2,500.00 fine plus tax, and 5 years of probation. In addition, a first offense DUI includes a 90 day driver license suspension. You may be eligible for a work permit after 30 days. The license suspension is likely regardless of the outcome of your criminal case.
Second Offense DUI
If you are arrested for driving under the influence and have had a prior conviction within the past 7 years, you face a minimum jail sentence of 30 days, a maximum jail sentence of up to 6 months, a minimum fine of $2,500.00 plus tax, 5 years of probation, and a mandatory 1 year driver license revocation.
At the end of the 1 year revocation, you must reapply for a driver license, must attend traffic school, must pay a reinstatement fee, and must install and maintain an ignition interlock device on all personal vehicles you drive for a period of 1 year following the restoration of the driver license. The cost of the interlock device can approach $1,000.00.
An extreme DUI occurs when a person's blood or breath alcohol concentration exceeds 0.15%. This charge escalates the possible punishments for a first offense DUI.
If you are convicted of an extreme DUI - EVEN IF THIS IS YOUR FIRST OFFENSE - you must serve a minimum jail sentence of 10 days. Penalties include a maximum jail term of 6 months, a minimum fine of $2,500.00 plus tax, 5 years probation, loss of driving privileges for a minimum of 90 days, and an ignition interlock device on all personal vehicles you drive for a period of one year.
Extreme DUI with a Prior DUI Conviction
If you are convicted of an extreme DUI within 7 years of a previous DUI conviction (regardless of whether the previous DUI was an extreme DUI,) you must serve a mandatory minimum of 60 days in jail. In addition, you face a maximum jail sentence of 6 months, a maximum fine of $2,500.00 plus tax, 5 years of probation, loss of driving privileges for one year, and the subsequent requirement of the installation of an ignition interlock device on all personal vehicles for an additional year.
Aggravated DUI is the most serious type of DUI charge. It is a Class 4 felony. You could be charged with an aggravated DUI if, at the time of your arrest, you:
(1) had no valid driver license, or
(2) had two prior DUI convictions in the past 5 years, or
(3) were driving in violation of either a driver license restriction or while you were suspended, or
(3) had a child under the age of 15 in the vehicle with you while you were driving under the influence.
A conviction for aggravated DUI carries a minimum of four months in prison. An Arizona aggravated DUI conviction also requires a mandatory minimum 3 year driver license revocation. After revocation, you must apply for reinstatement and get approval by the Motor Vehicle Department, in addition to other significant penalties.
Mandatory Minimum Jail Sentences:
1st DUI (non-extreme): 10 days
2nd DUI (non-extreme): 30 days
Extreme DUI: 10 days
Almost all jail sentences are served in the county jail, either in the Lower Buckeye Jail or in Tent City, a division of the Maricopa County Durango Jail, in Phoenix, Arizona. Scottsdale and Tempe have separate facilities and take inmates on a case by case basis.
If you are under arrest and Want to Know Your Rights Immediately, call the Emergency Criminal Line /after-hours number 480-686-6180.