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DUI Penalties

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If you are facing charges for driving under the influence of drugs, or DUI charges, you are probably worried about what types of penalties you are at risk of receiving. DUI penalties depend on various factors, including your previous DUI history, the amount of alcohol you had in your system, your age, whether anyone else was harmed from the incident, and whether or not you refused a breath or blood test. Tempe DUI Attorney Joshua S. Davidson has provided an overview below of the types of penalties individuals can receive in different types of alleged DUI offenses.

Penalties for First-Time DUI and Multiple DUI

Below are the penalties individuals can receive if they are convicted of DUI for the first or second time:

First DUI Conviction

  • Jail term of at least 10 consecutive days
  • Fine of up to $250
  • Assessment valuing $500 for the prison construction and operations fund
  • Assessment valuing $500 for the public safety equipment fund
  • Possible community restitution
  • Ignition interlock device installation

Second DUI Conviction Within 7 Years

  • Jail term of least 90 days in jail (at least 30 days served consecutively)
  • Fine of $500 or more
  • Assessment valuing $1,250 for the prison and construction operations fund
  • Assessment valuing $1,250 for the public safety equipment fund
  • At least 30 hours of community restitution
  • One-year driver's license revocation
  • Ignition interlock device installation

When individuals are found third or subsequent DUI offenses, they are convicted of aggravated DUI, which is one type of felony DUI. Typically, the more DUI convictions a person has, the harsher penalties he or she could receive. Penalties can also become more severe when individuals are convicted of DUI offenses that involve higher blood alcohol concentrations (such as extreme DUI and super extreme DUI), and when they are convicted of DUI offenses that result in physical harm to others (such as those involving DUI accidents).

Penalties for Underage DUI

A DUI offense that involves a person under the age of 21 is considered an "underage DUI" offense. Because Arizona has "zero tolerance" laws that prohibit underage individuals from driving with blood alcohol concentrations of 0.01% or more, it is much easier for them to be convicted of DUI. These are the state's possible penalties for underage DUI:

  • Jail term of up to 180 days
  • Probation
  • Fines and court fees totaling up to $1,700
  • Class 1 misdemeanor on criminal record
  • Driver's license suspension for up to two years
  • Court-ordered alcohol abuse classes
  • Community service

Penalties for Chemical Test Refusal

It is important to note that individuals who refuse to take breath tests or blood tests after being arrested for alleged DUI can be subject to harsher penalties, including automatic driver's license suspensions that last even longer than suspensions for regular DUI offenses. A chemical test refusal after arrest will lead to a one-year suspension for a first offense, or a two-year suspension for a second or subsequent offense.

Contact the Law Offices of Joshua S. Davidson, PLC

Don't hesitate to call Attorney Davidson if you are facing DUI charges. He can help you determine what types of penalties you are facing and the best ways to try to avoid them. Contact the attorney today!

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