Arizona DUI InformationIs Your Arizona DUI Charge About To Ruin Your Life?

This article deals with penalties people are facing for a “second offense” DUI.  In Arizona, second offense DUI penalties arise if the person charged has a prior DUI conviction within seven (7) years. 

So, these penalties will only apply to people who have a prior DUI conviction within seven (7) years.  The prior DUI conviction can be from Arizona or any other state with similar DUI laws.  The non-Arizona DUI conviction can only be used if the law violated in that state would have resulted in a DUI conviction in Arizona. 

As with first offense DUI’s, there are five (5) types of second offense DUI’s.  the penalties vary, depending upon which of the five DUI’s or combination of the five, are charged. 

 The basic five DUI’s are:

1. Basic DUI – Impaired due to alcohol or drugs
2. DUI – BAC of .08% to .15%
3. Extreme DUI – BAC of .15% to .20%
4. Super Extreme – BAC of .20% or more
5. DUI Illicit Drug Metabolite in your body
SECOND OFFENSE (WITHIN 7 YEARS) DUI PENALITES

28-1381(A)(1) – Impaired to the Slightest Degree by alcohol, Drugs or a Combination of Both

A conviction of this statute results in a class 1 misdemeanor, 30 days to 6 months in jail; 1 year revocation of license; 8 points on your motor vehicle record; alcohol screening and treatment; fines from $500 to $2,500 plus 83% surcharges; and assessments of $2,500.  Additionally, jail costs may be imposed and you must perform at least 30 hours community restitution.  Additionally, the Motor Vehicle Department will require you to equip any motor vehicle you operate with a certified ignition interlock device for 12 months at the conclusion of the 12 month period of revocation.

28-1381(A)(2) – BAC of .08 to .149 Within 2 Hours of Driving

A conviction of this statute results in a class 1 misdemeanor, 30 days to 6 months in jail; a 1-year revocation of your driver’s license; 8 points on your motor vehicle record; alcohol screening and treatment; fines from $500 to $2,500 plus 83% surcharges; and assessments of $2,500.  Additionally, jail costs may be imposed and you must perform at least 30 hours community restitution.  Further, the Motor Vehicle Department will require you to equip any motor vehicle you operate with a certified ignition interlock device for 12 months at the conclusion of the 12 month period of revocation.

28-1382(A)(1) – BAC of .15 to .199 Within 2 Hours of Driving

A conviction of this statute results in a class 1 misdemeanor, 120 days to 6 months in jail; a 1-year revocation of your driver’s license; 8 points on your motor vehicle record; alcohol screening and treatment; fines from $500 to $2,500 plus 83% surcharges; and assessments of $2,750.  Additionally, jail costs may be imposed and you must perform at least 30 hours community restitution.  Further, the Motor Vehicle Department will require you to equip any motor vehicle you operate with a certified ignition interlock device for 12 months at the conclusion of the 12 month period of revocation.

28-1382(A)(2) – BAC of .20 or More Within 2 Hours of Driving

A conviction of this statute results in a class 1 misdemeanor, 180 days in jail; a 1-year revocation of your driver’s license; 8 points on your motor vehicle record; alcohol screening and treatment; fines from $1,000 to $2,500 plus 83% surcharges; and assessments of $2,750.  Additionally, jail costs may be imposed and you must perform at least 30 hours community restitution.  Further, the Motor Vehicle Department will require you to equip any motor vehicle you operate with a certified ignition interlock device for 18 months at the conclusion of the 12 month period of revocation.

28-1382(A)(3) – Driving With the Metabolite of an Illicit Drug in Your System

A conviction of this statute results in a class 1 misdemeanor, 30 days to 6 months in jail; a 1-year revocation of your driver’s license; 8 points on your motor vehicle record; alcohol screening and treatment; fines from $500 to $2,500 plus 83% surcharges; and assessments of $2,500.  Additionally, jail costs may be imposed and you must perform at least 30 hours community restitution.  Further, the Motor Vehicle Department will require you to equip any motor vehicle you operate with a certified ignition interlock device for 12 months at the conclusion of the 12 month period of revocation.

There are many ways a DUI incident can cause your driver’s license to be suspended.  This article only deals with “Admin Per Se” or Implied Consent” suspensions.  This is because in most cases, this is the first way a DUI incident starts resulting in suspended driving privileges.  It often occurs even before your first court date.  So these suspensions can arise without a DUI conviction.  This means you do not have to be found guilty of DUI for these suspensions to go into effect.

Most people cited for a DUI will also have their license suspended within 15 days of their DUI arrest if they blew into an official breath testing device or refused to submit to breath, blood or urine testing.  If blood was taken, then the suspension is put off until the official blood test is completed.  Once the results of the blood test are known, then MVD will notify you of your suspension if the results are .08% or more.

MVD LICENSE SUSPENSION

Administrative License Suspensions
The Arizona Department of Motor Vehicles (“MVD”) will suspend your license if you refuse to submit to a breath, blood or urine test after you have been arrested for DUI.  This is an Implied Consent Suspension, also known as a Refusal Suspension.  MVD will also suspend your license for a minimum of 90 days if your breath or blood results show a Blood Alcohol Concentration of .08% or more.  These are known as Admin Per Se Suspensions. 

Refusal/Implied Consent Suspensions
First time Implied Consent Refusal Suspensions will result in a 1-year suspension of your driver’s license.  However, a Special Ignition Interlock Restricted Driver’s License (“SIIRDL”) may be obtained after the first 90 days of the suspension.  The SIIRDL requires you to install an Ignition Interlock Device in your vehicle after the first 90 days and restricts your driving to and from work, school or treatment and for the remaining portion of the suspension.

A second Implied Consent /Refusal Suspension within 7 years of a previous refusal will result in a 2-year suspension of your driver’s license.  There is no SIIRDL available under these circumstances.  A third Implied Consent/Refusal Suspension within 7 years of 2 prior refusals will result in a 2-year suspension.  There is no SIIRDL available under these circumstances.

.08% or More/Admin Per Se Suspensions
First time Implied Consent .08% or more suspensions will result in a 90-day suspension of your driver’s license.  However you can obtain a restricted license allowing you to drive to and from work, school or treatment after the first 30 days of the suspension if you have an Arizona Driver’s License.  If you do not have an Arizona Driver’s License, then you are not eligible for a restricted driver’s license or your nonresident driving privileges will be suspended for 90 days flat.

A second Admin Per Se .08% or more suspension within 7 years will result in a flat 90-day suspension.  Restricted driving privileges are not allowed during any portion of the suspension.

A third Admin Per Se .08% or More Suspension within 7 years will result in a 90-day suspension.  Restricted driving privileges are not during any portion of the suspension.

Charles Barkley DUI

Charles Barkley was stopped and arrested for DUI on December 31, 2008, in the City of Scottsdale, at 1:26 A.M.,  according to police.  The cop that stopped Charles Barkley was from the Gilbert Police Department and working in Scottsdale as part of a DUI Task Force.

Charles Barkley was stopped because he rolled through a stop sign.  After allegedly rolling through the stop sign, Charles Barkley stopped to pick up a female passenger.  Shortly after driving off with the passenger, the cop made a traffic stop on Charles Barkley’s vehicle. 

Upon contacting the driver, the cop noticed the infamous, “bloodshot watery eyes” and “odor of alcohol” on his breath.  The cop asked Charles Barkley if he had been drinking.  According to the police report, Mr. Barkley admitted to having a “couple” of drinks. 

NOTE: this answer is frequently given by people that are stopped and arrested for DUI.  If you say you have had a “few” or a “couple” of drinks, don’t expect the cop to believe you.  In addition to giving one of the worst answer you could possibly give, Charles Barkley then agreed to submit to field “sobriety” tests.  These are subjective tests that typically are not given correctly by officers.  According to the police report, the cop indicated he arrested Charles Barkley for DUI because of the odor of alcohol on his breath, his blood-shot, watery, eyes, his driving, and the results of the field “sobriety” tests. 

Charles Barkley did refuse to submit to the portable breath test.  According to the police report, Charles Barkley told the cop that his body guard was a police officer and tole him not to take that test.  Too bad his body guard wasn’t a lawyer, because a lawyer would have told him not to do the field sobriety tests either and  to never admit drinking. 

Once Charles Barkley was arrested, nothing he said from that point on could have helped him.  At the police station, Charles Barkley made some statements explaining why his was in a hurry.  You can view the police report for your own entertainment regarding these statements.  http://www.thesmokinggun.com/archive/years/2008/1231081barkley2.html

According to the report, he even offered to tattoo his name on the buttocks of one of Gilbert PD’s civilian employees.  After being processed for DUI, Charles Barkley was later released to a taxi.  According to the cop that arrested him, Charles Barkley was cordial and respectful.

Charles Barkley’s DUI case, as well as Paris Hilton’s and Heather Locklear’s cases, should remind everyone that it is extremely unlikely you can talk your way out of a DUI.  It is more likely that you can beat your DUI, if you don’t admit to any drinking and refuse the “sobriety” tests.  The only test you need to take, is the breath or blood test that is requested after, not before, you are arrested.  Also, do not lie to the officer’s about your drinking history.  Simply tell them that you don’t want to answer that question, because your lawyer friend told you never to answer that question.  Blame it all on “that jerk lawyer” and be polite.  Remember, if these high powered celebrities can’t talk themselves out of a DUI, what chance do you have.  For more Arizona DUI information visit www.480NotGuilty.com.

DUI

If you’re arrested for violating Arizona’s DUI Alcohol laws, it might be helpful to know what the DUI law says to show what you’re up against. And why you might need a DUI defense lawyer to help you with defense case.

You see, Arizona doesn’t like DUI drivers.

In fact, Arizona has three basic laws prohibiting drinking with illegal amounts of alcohol in your system. These are:

§28-1381(a)(1): It is a misdemeanor to drive under the influence of alcohol and/or drugs.

§28-1381(a)(2): It is a misdemeanor to have a blood alcohol concentration (BAC) of .08 or more within two hours of operating a motor vehicle.

§28-1382(a): It is a misdemeanor to have a BAC of .15 or more within two hours of operating a motor vehicle.

In most cases, both the §28-1381(a) offenses will be charged. This will result where you are cited for DUI and your reading is above a .08 but below a .15.

Even though there is only one act, the law says a citizen can be charged and convicted of both offenses. However, the law says you can only be punished once for the offenses,(the punishments are identical).

To convict you of violating §28-1381(a)(1) the prosecutor must show you were operating a motor vehicle while impaired by alcohol. To convict you of violating §28-1381(a)(2) the prosecutor must show you were operating with a blood alcohol concentration (BAC) of .08 or more within two hours of operating a motor vehicle.

The police can still cite you and the prosecutor can still convict you for violating §28-1381(a)(1), operating a motor vehicle while impaired by alcohol even if your reading is under a .08.

Thus, if the police think you are under the influence but below a .08, they can still prosecute you for DUI.

If your reading is above .15, then the police will cite you with three charges; they are §28-1381(a)(1), §28-1381(a)(2), and §28-1382(a).

To do this, in Section §28-1381(a)(2) the prosecutor must show you were operating with a blood alcohol concentration of .15 or more within two hours of operating a motor vehicle.

If they prove this, it follows they would be able to convict you for having a BAC of .08 or more.

Also, if a jury or judge believes you had a BAC of .15 or more, they would convict you of driving under the influence. The penalties for this offense are more severe than the penalties for the §28-1381(a) charges.

I’ll explain all of this to you during your free consultation. Just call me at 602-453-3100 today to schedule your consultation.

Arizoan DUI Arrest

The penalties for a second or third Arizona DUI arrest are so severe you need to contract an attorney immediately.

Specifically, these type of offenses involve license suspensions from one to three years . . . there are no restricted driving privileges . . . and second and third DUI offenses involve significant jail time.

Here’s what you need to know.

If you are convicted of a second DUI in Arizona within 7 years of your first offense, the absolute minimum jail sentence you can receive is 90 days in jail, of which 60 can be suspended.

If your second DUI offense within seven years is extreme DUI, the minimum jail sentence you can receive is 120 days. The maximum jail sentence for second offense regular or extreme DUI is 6 months in jail.

A third Arizona DUI conviction in five years is a class 4 felony. If you have no allegeable prior felony convictions, the presumptive prison sentence you can receive is 2.5 years. However, you may receive probation, in which case, the minimum incarceration time you must serve is 4 months in prison.

There are other penalties that will affect you in addition to those mentioned above. If you are in this situation, it should be obvious to you that you need an attorney. The smartest thing you can do is hire an attorney who is familiar with DUI Law.