When you’ve never been in trouble with the law before, the prospect of facing a DUI charge in Arizona can be terrifying.
You probably have many questions and concerns about what will happen to your driving privileges, your criminal record, and whether or not you’ll go to jail if you’re convicted of driving under the influence.
Get the facts and find out what’s really at stake after a DUI with this guide to first offense DUI penalties from Lerner and Rowe Law Group.
Is a First Offense DUI a Misdemeanor or a Felony in Arizona?
An DUI charge can be either a misdemeanor or a felony in Arizona depending on the circumstances. In most cases, however, a first offense DUI will result in a misdemeanor. There are certain exceptions in which a first time DUI can result in a felony, such as aggravated DUI.
What Are First Offense DUI Penalties?
To know what kind of penalties you may be facing, you must also understand the different types of first time DUIs.
First Time Underage DUI
Arizona’s zero tolerance policy for underage drinking means you may be charged and convicted of an underage DUI (or “baby DUI”) if found to be in control of a vehicle with a blood alcohol concentration (BAC) over 0.0%, even if you don’t exhibit any signs of impairment. Penalties for a first time underage DUI include:
- Up to 10 days in jail
- $1,600 in fines and fees
- A two to three year license suspension if under the age of 18 at the time of the offense*
- A two year license suspension if 18, 19, or 20 years old*
*You may be able to apply for a restricted license after a certain number of days if you complete appropriate drug and alcohol screening and/or install an ignition interlock.
First Time Standard DUI
You may be charged with a standard DUI if you’re in control of a vehicle while under the influence of any intoxicating liquor or drug, even if you are only impaired to the slightest degree. You can also be charged with a standard DUI if you have a blood alcohol concentration (BAC) of 0.08% or more within two hours of driving. Penalties for a first time standard DUI include:
- 10 consecutive days in jail without probation
- Up to $2,500 in fines
- Community service
- Successful completion of a traffic survival course
- 90 day driver’s license suspension*
- Installation of a certified ignition interlock device (CIID) in your vehicle for 12 months
- Participation in drug and alcohol screening and counseling
First Time Extreme DUI
A first time extreme DUI occurs when you are found to be in control of a vehicle with a BAC above 0.15% within two hours of driving. Penalties for a first time extreme DUI include:
- 30 consecutive days in jail
- Fines from $2,500 to $3,000
- Community service
- Successful completion of a traffic survival course
- Participation in drug and alcohol screening and counseling
- 90 day driver’s license suspension
- Installation of a CIID in any vehicle you own or operate for at least 12 months
First Time Super Extreme DUI
A first time super extreme DUI occurs when you are found to be in control of a vehicle with a BAC of more than 0.20% within two hours of driving. First offense DUI penalties for a super extreme DUI include:
- 45 day minimum jail sentence
- Fines and fees totalling over $3,000
- Drug and alcohol counseling
- One year driver’s license suspension
- Installation of a CIID in any vehicle you own or operate for 18 months after your license is reissued
First Time Aggravated DUI
You can be convicted of a first time aggravated DUI if you are in control of a vehicle while intoxicated and any of the following are also true:
- You were driving the wrong way on the highway.
- You were transporting a passenger under the age of 15.
- You were driving on a suspended or revoked license.
- You have two prior DUI convictions within 84 months.
- You were required to have an ignition interlock in your vehicle.
A conviction for a first time aggravated DUI will carry harsher penalties, including:
- Four month minimum sentence in the Arizona Department of Corrections
- At least $3,750 in fines and fees
- Drug and alcohol screening and counseling
- One year driver’s license suspension
- Installation of a CIID in any vehicle you own or operate for at least 12 months
- Supervised probation
How Long Is a DUI On Your Record in Arizona?
Unfortunately, once you have been convicted of a DUI in Arizona, the conviction will remain on your criminal record almost indefinitely. With some of the strictest laws in the nation when it comes to drinking and driving, Arizona criminal convictions—even “minor” DUIs—cannot be expunged.
That being said, there are some things you can do to mitigate the impact of a DUI conviction on your record. With the help of a qualified criminal defense attorney, you can file a motion to set aside your conviction.
While this won’t clear it completely from your criminal record, it is a step towards preserving or even rebuilding your reputation. See form AOC CRSA2F on the Arizona Judicial Branch website for more information about setting aside a conviction and restoration of civil and gun rights.
What About Penalties for Marijuana or Drug DUIs?
Marijuana and other drug DUIs are categorized differently than DUIs involving alcohol. For more information on the possible penalties for driving under the influence of drugs and other drug charges, contact a drug crime defense lawyer.
Where Can I Get Help After a First Time DUI Offense?
If you have been arrested or charged with any kind of DUI, it is imperative to secure effective legal counsel as soon as possible. The Arizona DUI attorneys at Lerner and Rowe Law Group are available around the clock to assist clients who are facing DUI charges. As soon as you’ve been pulled over on suspicion of DUI, invoke your right to a lawyer and call us at one of the numbers below.
You may not be able to expunge a DUI from your record, but you may be able to avoid a conviction in the first place with an experienced attorney on your side. That means a smaller chance of first offense DUI penalties like hefty fines, jail time, and having your license suspended.
Contact us today for your free and confidential consultation, send us your case details using this form, or connect with a representative right now via LiveChat. We also offer affordable payment plans to make securing steadfast legal representation more accessible for everyone.