DUI charges can be incredibly difficult to handle, especially if you don't know too much about the subject. To help you understand the process and how the penalties work, here are some of the key DUI rules in Arizona:
What are the different types of DUIs in Arizona?
First, you need to understand that there are three main classifications of DUIs in Arizona.
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Standard DUIs – A standard DUI involves a BAC that was above .08%. The bar is lowered to .04% if you were driving a commercial vehicle.
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Extreme DUIs – If your BAC is above .015%, then your punishments will be much harsher. You will be charged with an extreme DUI, which can result in more time in jail and higher fines.
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Aggravated DUIs – Finally, aggravated DUIs are used to classify a third DUI in the span of 7 years. If you drive drunk without a license or with a child in the car, then you can also get an aggravated DUI, even if it is only your first offense.
How much time will you spend in jail for a DUI in Arizona?
Unfortunately for you, Arizona does have a minimum sentencing requirement, even for the first offense. You will spend no less than one full day in jail, but that number can easily rise quite a bit, reaching 4 months at minimum for a third offense.
It's important to note that there is not a strict upper limit on jail time for an aggravated DUI. This means that the court can give you an extremely strict punishment at their discretion. You will need to make sure that you have properly prepared a defense because the difference between a strong and indifferent defence can mean getting 4 months in prison instead of 2 years.
What is the lookback period in Arizona?
Like most other states, Arizona will look back 7 years when it comes to sentencing. If you were convicted of a DUI more than 7 years ago, then it will not play a role in determining your upcoming punishment, but if you have DUIs that are more recent, then they will be considered.
That being said, prior DUIs can affect your case in other ways. For example, while the judge cannot go over the maximum sentencing requirements for a 2nd offense (90 days) if you have only had 1 DUI in the past 7 years, they do have quite a bit of leeway in how many days you actually spend in prison. If you were convicted of multiple DUIs before the lookback period, then the judge may be much less sympathetic and may give you the maximum legal penalties in every category.
For more information, contact Damiani Gerard M or a similar legal professional.
