ARIZONA CRIMINAL PENALTIES / MVD SANCTIONS


Arizona Criminal Penalties and Motor Vehicle Division Sanctions for Driving Under the Influence of Alcohol and/or Drugs


PENALTIES FOR MISDEMEANOR AND FELONY DUI / DWI CONVICTIONS
Offense Sentencing Range Fine
DUI (A.R.S. § 28-1381(A)(1)    
1st Offense Not less than 1 day nor more
than 6 months in jail. 		$250 - $2,500
2nd Offense w/in 84 months Not less than 30 days nor more
than 6 months in jail.		 $500 - $2,500
DWI (A.R.S. § 28-1381(A)(2)    
1st Offense: BAC 0.08 or more Not less than 1 day nor more
than 6 months in jail.		 $250 - $2,500
2nd Offense w/in 84 months Not less than 30 days nor more
than 6 months in jail.		 $500 - $2,500
DWI (Drugs) (A.R.S. § 28-1381(A)(3)    
1st Offense Not less than 1 day nor more
than 6 months in jail.		 $250 - $2,500
2nd Offense w/in 84 months Not less than 30 days nor more
than 6 months in jail.		 $500 - $2,500
DWI (Commercial) (A.R.S. § 28-1381(A)(4)    
1st Offense: BAC 0.04 or more Not less than 1 day nor more
than 6 months in jail.		 $250 - $2,500
2nd Offense w/in 84 months Not less than 30 days nor more
than 6 months in jail.		 $500 - $2,500
EXTREME DWI (A.R.S. § 28-1382)  
1st Offense: BAC 0.15 to 0.199 Not less than 10 days nor more
than 6 months in jail.		 $500 - $2,500
1st Offense: BAC 0.20 or more Not less than 45 days nor more
than 6 months in jail.		 $500 - $2,750
2nd Offense w/in 84 months: BAC 0.15 to 0.199 Not less than 60 days nor more
than 6 months in jail. 		$750 - $3,250
2nd Offense w/in 84 months: BAC 0.20 or more Not less than 180 days in jail. $1,250 - $3,750
FELONY DUI (A.R.S. § 28-1383(A)(1) or (2))    
1st Offense Not less than 4 months nor more
than 3.75 years in prison.		 $750 - $150K
2nd Offense w/in 84 months Not less than 8 months nor more
than 7.5 years in prison.		 $750 - $150K
FELONY DUI (A.R.S. § 28-1383(A)(3))    
1st Offense Not less than 1 day nor more
than 2 years in prison.		 $250 - $150K
FELONY DUI (A.R.S. § 28-1383(A)(4))    
1st Offense Not less than 1 day nor more
than 2 years in prison.		 $250 - $150K


MOTOR VEHICLE DIVISION SANCTIONS FOR DRIVING UNDER THE INFLUENCE
Offense Driver's License Restriction Ignition Interlock Impound/Forfeiture of Vehicle
DUI (A.R.S.
§ 28-1381(A)(1) 		     
1st Offense Suspension
(90 days - 1 year) 		Must equip motor vehicle with ignition interlock device for a minimum of 1 year on the conclusion of the suspension. N/A
2nd Offense
w/in 84 months 		Revocation
(1 year) 		Must equip motor vehicle with ignition interlock device for a minimum of 1 year on the conclusion of the revocation. N/A
DWI (A.R.S.
§ 28-1381(A)(2) 		     
1st Offense:
BAC 0.08 or more 		Suspension
(90 days - 1 year) 		Must equip motor vehicle with ignition interlock device for a minimum of 1 year on the conclusion of the suspension. N/A
2nd Offense
w/in 84 months 		Revocation
(1 year) 		Must equip motor vehicle with ignition interlock device for a minimum of 1 year on the conclusion of the revocation. N/A
DWI (Drugs) (A.R.S.
§ 28-1381(A)(3) 		     
1st Offense Revocation
(1 year minimum) 		N/A N/A
2nd Offense
w/in 84 months 		Revocation
(1 year minimum) 		N/A N/A
DWI (Commercial) (A.R.S. § 28-1381(A)(4)      
1st Offense:
BAC 0.04 or more 		Suspension
(1 year) 		Must equip motor vehicle with ignition interlock device for a minimum of 1 year on the conclusion of the suspension. N/A
2nd Offense
w/in 84 months 		Revocation
(1 year) 		Must equip motor vehicle with ignition interlock device for a minimum of 1 year on the conclusion of the revocation. N/A
EXTREME DWI (A.R.S. § 28-1382)      
1st Offense:
BAC 0.15 to 0.199 		Suspension
(90 days - 1 year) 		Must equip motor vehicle with ignition interlock device for a minimum of 1 year on the conclusion of the suspension. Impound of Vehicle for 30 days
1st Offense:
BAC 0.20 or higher 		Suspension
(90 days - 1 year) 		Must equip motor vehicle with ignition interlock device for a minimum of 18 months on the conclusion of the suspension. Impound of Vehicle for 30 days
2nd Offense
w/in 84 months		 Revocation
(1 year minimum)		 Must equip motor vehicle with ignition interlock device for a minimum of 1 year on the conclusion of the revocation. Impound of Vehicle for 30 days
2nd Offense:
BAC 0.20 or higher w/in 84 months		 Revocation
(1 year minimum)		 Must equip motor vehicle with ignition interlock device for a minimum of 24 months on the conclusion of the revocation. Impound of Vehicle for 30 days
FELONY DUI
(A.R.S. § 28-1383) 		     
Any Offense Revocation
(3 year minimum) 		Must equip motor vehicle with ignition interlock device for a minimum of 1 year on the conclusion of the revocation. Mandatory forfeiture of the vehicle owned and operated at the time of the offense.


PENALTIES FOR MISDEMEANOR & NONDANGEROUS NONREPRETITIVE FELONY CONVICTIONS
Offense Sentencing Range Maximum Fine
Misdemeanors:    
Class 1 Probation to 6 months jail $2,500
Class 2 Probation to 4 months jail $750
Class 3 Probation to 30 days jail $500
Felonies:    
Class 2 Probation to 12.5 years prison $150,000
Class 3 Probation to 8.75 years prison $150,000
Class 4 Probation to 3.75 years prison $150,000
Class 5 Probation to 2.5 years prison $150,000
Class 6 Probation to 2 years prison $150,000




The Gillespie Law Firm, P.C. is a leading Phoenix, Arizona DUI and criminal defense law firm dedicated to the representation of clients involving all aspects of vehicular crimes and criminal litigation. We handle cases in State, Municipal, Juvenile, and Appellate Courts throughout the greater Phoenix Metropolitan Area and all of Arizona.

 
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