What are the Differences Between the Different Types of Arizona DUIs?
Arizona has tough penalties for DUI. Oftentimes, your options include negotiating a plea, seeking a reduction, or beating the charge in court. That’s why you need an aggressive DUI defense lawyer who can effectively combat your charges at every turn – you need The Weingart Firm, PLLC. Our legal team proudly represents clients facing DUI charges in Tempe, Phoenix, and throughout the Valley of the Sun. Contact The Weingart Firm, PLLC for a free initial consultation today.
If you have been arrested for DUI in Tempe or anywhere in the Phoenix metropolitan area, it is important to understand one thing right away: a DUI charge in Arizona is serious from the very beginning. Even a first offense can carry jail time, license suspension, and significant financial penalties. That’s why you should never face such a charge without a competent and dedicated Tempe criminal defense lawyer in your corner. Fortunately, if you’re reading this, you’ve come to the right place.
A first DUI offense in Arizona is often classified as a misdemeanor, but the penalties are still severe, and mandatory minimum sentencing laws apply in many cases. A conviction for a regular DUI can result in the following:
The penalties for a second-offense DUI in Arizona are especially heavy, and a conviction is sure to result in enhanced fines, jail sentences, revocation of your driving privileges in Arizona for one year, installation of an interlock ignition device, community restitution, mandatory drug/alcohol education, and more. Our DUI lawyers’ experience with DUI charges of all kinds can give you the advantage in fighting repeat offender drunk driving charges.
Unlike other Arizona DUI charges, the offense of aggravated DUI is a felony. Aggravated DUI does not refer to the blood alcohol level of the accused driver but instead refers to aggravated circumstances such as a wrong-way DUI or a DUI while driving with a minor younger than 15 in the vehicle, or a 3rd or subsequent DUI within 84 months. Our aggravated DUI defense attorneys will use the full range of their skills and their experience to achieve the best possible result for you.
In Arizona, an extreme DUI (BAC of .15 or more but less than .20) conviction can include a mandatory minimum jail sentence of 30 days, heavy fines, and installation of an ignition interlock device. That’s for a first offense. Arizona also has “Super Extreme” DUI. This comes with even more severe penalties: 45 days in jail if your BAC is .20 or more. If you’ve been charged with an Extreme DUI or a Super Extreme DUI, get the experienced help you need by contacting the DUI trial attorneys at The Weingart Firm, PLLC.
Just like alcohol, even if you possess a drug lawfully, it can still impair you and result in a DUI. The penalties are basically the same as alcohol impairment DUIs. However, whether you have a valid prescription or you used an illegal drug, our experienced DUI lawyers understand the legal, technical, and potential medical issues regarding a drug-related DUI charge. We can help you to defend your legal rights in Arizona.
Commercial drivers face additional consequences when charged with DUI. The stakes are higher because a conviction can affect not only your driver’s license but also your livelihood. Under Arizona law and federal regulations, CDL holders are subject to stricter standards, including the following:
Importantly, a DUI in a personal vehicle can still impact a CDL. Many drivers assume their commercial license is only at risk if the offense occurred while driving a truck or other commercial vehicle, but that is not always the case.
Arizona has a zero-tolerance policy for drivers under the age of 21. This means that any measurable amount of alcohol in the system can lead to charges, even if the driver is not impaired under the standard DUI definition. Some of the penalties you may face for an under 21 DUI in Arizona are as follows:
Further, if you’re a young driver, you may face additional consequences, as a DUI can affect college admissions, scholarships, internships, and future job opportunities.
Many people charged with DUI have never been arrested before and have no idea what to expect. While every case is different, the general DUI court process is as follows:
At the same time, there may be a separate administrative process with the MVD regarding your driver’s license.
Most people focus on the criminal case and lose their license without ever fighting for it. When the officer serves you with an Admin Per Se suspension order at the scene, you have 15 days from that date to request a hearing with the MVD Executive Hearing Office under A.R.S. § 28-1385. The order takes effect on day 16 if no request is filed, and it does not wait for your criminal case to resolve. A timely request generally stays the suspension until an administrative law judge hears the matter, which means you may keep driving in the meantime. Submit it in writing and keep proof of delivery.
A DUI arrest starts two separate proceedings that run on different tracks and different burdens of proof. The criminal case decides guilt, jail, fines, and probation. The MVD case decides only your driving privileges, and it uses a lower standard of proof. Winning one does not automatically win the other. This is why a case can end with charges reduced or dismissed while the suspension still stands, or the reverse.
Tempe is home to Arizona State University, and DUI arrests involving students are, unfortunately, common, especially on the weekends, during sporting events, and around campus housing areas. Students face unique concerns when charged with DUI, including the following:
Ultimately, for these students, a DUI does not just affect the present; it can affect plans years into the future. If you’re a student facing a DUI charge, a Tempe DUI lawyer at our firm can fight for your rights and future.
Meet with a Valley of the Sun DUI lawyer at our firm, and we will review your rights. We’ll answer all of your questions, and we’ll explain exactly how we can successfully defend you regarding issues such as:
If you have been arrested or cited for DUI in Tempe, Maricopa County, or anywhere in the Phoenix metropolitan area, including in Mesa, Gilbert, Scottsdale, Chandler, or Goodyear, we are here to help. Contact a knowledgeable and experienced Tempe DUI lawyer from The Weingart Firm, PLLC, for a free consultation today so we can discuss your case and begin building a comprehensive strategy on your behalf.
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