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Phoenix DUI Offenses and Penalties
Depending upon a person's blood alcohol content (BAC) and any prior convictions, there are a variety of potential charges and DUI penalties that a person could face. The majority of DUIs are misdemeanors; however, there are several felony charges. Listed below are the various charges.
Misdemeanor Charges
First Conviction |
DUI/DWI (BAC above .08) |
Class One Misdemeanor |
|---|---|---|
Minimum |
Maximum |
|
Jail |
One to 10 days |
180 days |
Fines and Fees |
$1250.00 + surcharges |
$3500.00 + surcharges |
Probation |
None |
Five years |
License Suspension |
90 days |
One year |
Ignition Interlock |
One year |
More than one year |
Alcohol Screening/Counseling |
Required |
Required |
Community Service |
None |
Court could order |
First Conviction |
Extreme DUI (BAC above .15) |
Class One Misdemeanor |
|---|---|---|
Minimum |
Maximum |
|
Jail |
30 days |
180 days |
Fines and Fees |
$2500.00 + surcharges |
$4750.00 + surcharges |
Probation |
None |
Five years |
License Suspension |
90 days |
One year |
Ignition Interlock |
One year |
More than one year |
Alcohol Screening/Counseling |
Required |
Required |
Community Service |
None |
Court could order |
Impoundment |
30 Days |
30 Days |
First Conviction |
Super Extreme DUI (BAC above .20) |
Class One Misdemeanor |
|---|---|---|
Minimum |
Maximum |
|
Jail |
45 days |
180 days |
Fines and Fees |
$3750.00 + surcharges |
$4750.00 + surcharges |
Probation |
None |
Five years |
License Suspension |
90 days |
One year |
Ignition Interlock |
18 months |
More than 18 months |
Alcohol Screening/Counseling |
Required |
Required |
Community Service |
None |
Court could order |
Impoundment |
30 Days |
30 Days |
Second Conviction |
DUI/DWI (if within 7 years) |
Class One Misdemeanor |
|---|---|---|
Minimum |
Maximum |
|
Jail |
30 to 90 days |
180 days |
Fines and Fees |
$3000.00 + surcharges |
$5000.00 + surcharges |
Probation |
None |
Five years |
License Revocation |
One year |
One year |
Ignition Interlock |
One year |
More than one year |
Alcohol Screening/Counseling |
Required |
Required |
Community Service |
30 Hours |
30 Hours |
Impoundment |
30 Days |
30 Days |
Second Conviction |
Extreme DUI/DWI (if within 7 years) |
Class One Misdemeanor |
|---|---|---|
Minimum |
Maximum |
|
Jail |
120 days |
180 days |
Fines and Fees |
$3250.00 + surcharges |
$5250.00 + surcharges |
Probation |
None |
Five years |
License Revocation |
One year |
One year |
Ignition Interlock |
One year |
More than one year |
Alcohol Screening/Counseling |
Required |
Required |
Community Service |
30 Hours |
30 Hours |
Impoundment |
30 Days |
30 Days |
Second Conviction |
Super Extreme DUI/DWI (within 7 years) |
Class One Misdemeanor |
|---|---|---|
Minimum |
Maximum |
|
Jail |
180 days |
180 days |
Fines and Fees |
$3750.00 + surcharges |
$5250.00 + surcharges |
Probation |
None |
Five years |
License Revocation |
One year |
One year |
Ignition Interlock |
Two years |
More than two years |
Alcohol Screening/Counseling |
Required |
Required |
Community Service |
30 Hours |
30 Hours |
Impoundment |
30 Days |
30 Days |
FELONY CHARGES
Class Four Felony – Aggravated DUI (third DUI or DUI with a Suspended License)
If a person is convicted for a third DUI within seven years or receives a DUI while driving on a suspended or restricted license, they can be charged with a class four felony; this is also known as an Aggravated DUI. With a class four felony, these may be the following consequences:
- A person is required to be in prison for a minimum of four months before being eligible for probation
- May be placed on probation for up to five years
- Driver's license will be revoked for three years
- May be required to undergo counseling for up to five years
- Vehicle may be taken away
- Fines up to $150,000.
Class Six Felony – Aggravated DUI (with a child under 15 years old in vehicle)
If a person is convicted for this charge, he or she
- will have to serve at least the minimum sentence for the misdemeanor DUI
- will have their drivers license revoked for three years
- may be placed on probation for up to five years
- may be required to undergo counseling for up to five years
- may have their vehicle taken away
- can be fined up to $150,000.
Contact Us
If you have been charged with DUI or DWI, please contact our DUI and DWI Lawyers for a free, personal, and confidential consultation. We offer quality and aggressive defense with affordable attorney's fees. You can contact the Law Offices of Michael Cordova at 602-265-6700.
Our attorneys not only work on DUI and DWI cases but in other criminal defense and DUI areas, as well as Personal Injury, vehicle accidents, Wrongful Death, dog bites, motorcycle accidents, and product and premises liability, so please contact your local Phoenix attorneys for a free consultation.
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