Guide To Arizona Misdemeanor DUI Penalties & Sentencing Laws

This article on Arizona DUI penalties comes from Gordon Thompson, a Phoenix
DUI/DWI & Criminal Defense Attorney. It previously appeared on his firm’s blog.

Arizona has what are probably the harshest Misdemeanor DUI sentencing penalties and laws in the country.  A guide to a summary of those penalties are:

28 A.R.S. § 1381.A.1, Driving Under the Influence or 28 A.R.S. § 1381.A.2, Driving, With an Alcohol Level of .08% or More, First Offense:

For a violation of 28 A.R.S. § 1381.A.1, Driving Under the Influence or 28 A.R.S. § 1381.A.2, Driving, With an Alcohol Level of .08% or More, the maximum penalty is up to six (6) months in jail, a fine of up to $2,500.00 plus surcharges, and up to five (5) years of probation. The minimum penalties are:

1. Alcohol Abuse Screening and any treatment/counseling ordered therefrom, which you must pay for. In addition, the screening service may order you to attend at least 1 M.A.D.D. Victim Impact Panel;
2. 10 consecutive days in jail, 9 of which may be suspended by the court provided you complete the screening and counseling;
3. $250 fine plus surcharges;
4. Pay jail costs in an amount not to exceed $257 for the day;
5. Pay a State Prison Construction assessment of $500;
6. Pay a State General Fund assessment of $500;
7. Pay restitution to the victim of the accident for their economic loss. Pursuant to a decision of the Arizona Court of Appeals, “economic loss” includes wages lost by victims while they come to court for the case.

Additionally the Arizona driver’s license or privilege to drive may be suspended and/or revoked for up to 2 years, and a certified ignition interlock may be required for up to 21 months.

28 A.R.S. § 1381.A, Driving Under the Influence or 28 A.R.S. § 1381.A.2, Driving, With an Alcohol Level of .08% or More, Second Offense in Seven Years:

For a second violation of 28 A.R.S. § 1381.A.1, Driving Under the Influence or 28 A.R.S. § 1381.A.2, Driving, With an Alcohol Level of .08% or More, the maximum penalty is up to six (6) months in jail, a fine of up to $2,500.00 plus surcharges, and up to five (5) years of probation.

The minimum penalties are:

1. Alcohol Abuse Screening and any treatment/counseling ordered therefrom, which you must pay for. In addition, the screening service may order you to attend at least 1 M.A.D.D. Victim Impact Panel;
2. 90 consecutive days in jail, 60 of which may be suspended by the court provided you complete the screening and counseling;
3. $500 fine plus surcharges;
4. Jail costs in an amount not to exceed $199 for the first day and $74 per each remaining day;
5. Pay a State Prison Construction assessment of $1,250;
6. Pay a State General Fund assessment of $1,250;
7. Surrender driver’s license to the court and/or receive a one year license revocation;
8. Perform thirty (30) hours of community service;
9. Pay restitution to the victim of the accident for their economic loss. Pursuant to a decision of the Arizona Court of Appeals, “economic loss” includes wages lost by victims while they come to court for the case.

Additionally the Arizona driver’s license or privilege to drive may be suspended and/or revoked for up to 2 years, and a certified ignition interlock may be required for up to 21 months.

28 A.R.S. § 1382.A.1, Extreme Driving Under the Influence With an Alcohol Level Above .15%, First Offense:

For a violation of 28 A.R.S. § 1382.A.1, Extreme Driving Under the Influence With an Alcohol Level Above .15%, the maximum penalty is up to six (6) months in jail, a fine of up to $2,500.00 plus surcharges, and up to five (5) years of probation. The minimum penalties are:

1. Alcohol Abuse Screening and any treatment/counseling ordered therefrom, which you must pay for. In addition, the screening service may order you to attend at least 1 M.A.D.D. Victim Impact Panel;
2. 30 consecutive days in jail, 21 of which may be suspended by the court provided you complete the screening and counseling and install an ignition interlock device (IID) in a motor vehicle for 12 months;
3. $250 fine plus surcharges;
4. Pay jail costs in an amount not to exceed $257 for the first day and $74 for each additional day;
5. Pay a Driving Under the Influence assessment of $250;
6. Pay a State Prison Construction assessment of $1,000;
7. Pay a State General Fund assessment of $1,000;
8. Pay restitution to the victim of the accident for their economic loss. Pursuant to a decision of the Arizona Court of Appeals, “economic loss” includes wages lost by victims while they come to court for the case.

Additionally the Arizona driver’s license or privilege to drive may be suspended and/or revoked for up to 2 years, and a certified ignition interlock may be required for up to 21 months.

28 A.R.S. § 1382.A.1, Extreme Driving Under the Influence With an Alcohol Level of.15% or More, Second Offense in Seven Years:

For a second violation of 28 A.R.S. § 1382.A.1, Extreme Driving Under the Influence with an Alcohol Level of .15% or More, the maximum penalty is up to six (6) months in jail, a fine of up to $2,500.00 plus surcharges, and up to five (5) years of probation. The minimum penalties are:

1. Alcohol Abuse Screening and any treatment/counseling ordered therefrom, which you must pay for. In addition, the screening service may order you to attend at least 1 M.A.D.D. Victim Impact Panel;
2. 120 consecutive days in jail (none suspended);
3. $500 fine plus surcharges;
4. Pay jail costs in an amount not to exceed $199 for the first day and $74 for each additional day;
5. Pay a Driving Under the Influence assessment of $250;
6. Pay a State Prison Construction assessment of $1,250;
7. Pay a State General Fund assessment of $1,250;
8. Surrender driver’s license, if any, to the court;
9. Perform thirty (30) hours of community service;
10. Pay restitution to the victim of the accident for their economic loss. Pursuant to a decision of the Arizona Court of Appeals, “economic loss” includes wages lost by victims while they come to court for the case.

Additionally the Arizona driver’s license or privilege to drive may be suspended and/or revoked for up to 2 years, and a certified ignition interlock may be required for up to 21 months.

28 A.R.S. § 1382.A.2, Extreme Driving Under the Influence With an Alcohol Level of .20% or More, First Offense:

1. Alcohol Abuse Screening and any treatment/counseling ordered therefrom, which you must pay for. In addition, the screening service may order you to attend at least 1 M.A.D.D. Victim Impact Panel;
2. 45 consecutive days in jail, 31 of which may be suspended by the court provided you complete the screening and counseling and install an ignition interlock device (IID) in a motor vehicle for 12 months;
3. $500 fine plus surcharges;
4. Pay jail costs in an amount not to exceed $257 for the first day and $74 for each additional day;
5. Pay a Driving Under the Influence assessment of $250;
6. Pay a State Prison Construction assessment of $1,000;
7. Pay a State General Fund assessment of $1,000;
8. Pay restitution to the victim of the accident for their economic loss. Pursuant to a decision of the Arizona Court of Appeals, “economic loss” includes wages lost by victims while they come to court for the case.

Additionally the Arizona driver’s license or privilege to drive may be suspended and/or revoked for up to 2 years, and a certified ignition interlock may be required for up to 27 months.

28 A.R.S. § 1382.A.2, Extreme Driving Under the Influence with an Alcohol Level of .20% or More, Second Offense:

The maximum penalty is up to six (6) months in jail, a fine of up to $2,500.00 plus surcharges, and up to five (5) years of probation. The minimum penalties are:

1. Alcohol Abuse Screening and any treatment/counseling ordered therefrom, which you must pay for. In addition, the screening service may order you to attend at least 1 M.A.D.D. Victim Impact Panel;
2. 180 consecutive days in jail (none suspended);
3. $1,250 fine plus surcharges;
4. Pay jail costs in an amount not to exceed $199 for the first day and $74 for each additional day;
5. Pay a Driving Under the Influence assessment of $250;
6. Pay a State Prison Construction assessment of $1,250;
7. Pay a State General Fund assessment of $1,250;
8. Surrender driver’s license, if any, to the court;
9. Perform thirty (30) hours of community service;
10. Pay restitution to the victim of the accident for their economic loss. Pursuant to a decision of the Arizona Court of Appeals, “economic loss” includes wages lost by victims while they come to court for the case.

Additionally the Arizona driver’s license or privilege to drive may be suspended and/or revoked for up to 2 years, and a certified ignition interlock may be required for up to 33 months.

If you have any questions about this Guide to a summary of Arizona Misdemeanor DUI Penalties & Sentencing Laws, please call me.

If you’ve been charged with DUI or another criminal offense, getting help from an experienced and knowledgeable lawyer is one of the best things you can do for your case. Gordon Thompson has been practicing criminal and DUI law since 1979, and has used his vast experience to help countless people charged with DUI and other criminal offenses get the best result. Call Gordon Thompson now, 24/7, so he can put his many years of experience to use and help you get the best result for your DUI or criminal case.