The crime of DUI in any state carries different penalties based on the specific circumstances of each case. In any case, you should immediately contact a Tucson DUI attorney if you are suspected of driving under the influence. If you have made the mistake of drinking and driving in Arizona and are pulled over by law enforcement, here are some of the possible penalties and fines you could face:
BLOOD ALCOHOL CONCENTRATION (BAC) LIMIT:
If you are under 21 years of age
– BAC limit = 0.00% (Zero Tolerance – it is a crime for persons under 21 years of age to drive after consuming any alcohol whatsoever. Driving with a BAC of 0.01% or above is a crime)
Drivers above the age of 21
– BAC limit = 0.08%
– BAC limit = 0.04% (if you are operating a commercial vehicle at the time of the arrest, you will be charged with a DUI if your BAC is above 0.04%)
First-time DUI with BAC of at least 0.08%, but less than 0.15%
This charge is considered a Class 1 Misdemeanor.
JAIL: The maximum jail sentence is 6 months, while the minimum jail sentence is 1 day.
FINE AND COSTS: There is a minimum fine of $250 plus a surcharge, not including legal fees and other personal fees you have accrued for representation of your charge. There is an additional penalty fee of $500 to the State Prison Fund.
LICENSE: Your driver’s license will be suspended for 90 days, but after 30 days you may be able to acquire a work permit, which allows you to only drive to and from work, school, or treatment on the suspended license.
COUNSELING: The number of counseling hours required as part of your sentence is determined by the alcohol screening agency. The minimum requirement is 16 hours of counseling.
INTERLOCK DEVICE: An interlock device is required for a minimum of six months. If certain conditions are met, namely you successfully have had the interlock installed for 6 months, you have completed the court ordered evaluation and treatment and the interlock provider sends notice that you have successfully completed 6 months of the interlock, then the remaining 6 months of the interlock requirement can be removed, depending on court decision.
Second-time DUI with BAC above 0.08% (within 6 months)
This charge is considered a Class 1 Misdemeanor
JAIL: The maximum jail sentence is 90 days in jail, but the court may suspect 60 of the 90 days if you agree to get an alcohol/drug evaluation and submit to treatment.
FINE AND COSTS: There is a minimum fine of $500 plus an 87% surcharge, not including legal fees and other personal fees you have accrued for representation of your charge. There is an additional penalty fee of $1,250 to the State Prison Fund.
LICENSE: Your driver’s license will be revoked for one year. After 45 days of suspension, you may be eligible for an interlock device, which must be installed in any vehicle that you operate.
COUNSELING: The number of hours required as a part of your sentence will be determined by the alcohol screening agency. If the treatment program is completed, as ordered, then if the jail term of 90 days that is initially ordered, if 60 of those days had been deferred up front then this jail term will not have to be served and will be deleted.
COMMUNITY SERVICE: A minimum of 30 hours of community service is required through court-approved non-profit agencies such as The Salvation Army, Humane Society, and generally any organization that is approved by the court as non-profit in nature.
PROBATION: You may be placed on probation for up to five years
INTERLOCK DEVICE: You will be required to have the ignition interlock device installed on your vehicle for a minimum of 12 months. Some jurisdictions offer the incentive of suspending a portion of the jail sentence upon successful completion (no missed blow, no fails, etc.) of the ignition interlock device.
If you are suspected of a DUI, you should seek legal representation as soon as possible. The Tucson DUI lawyers at Thrush Law Group will concentrate their efforts on defending you with a diligent approach that offers the best chance of dismissal or acquittal.