Driving under the influence (DUI) is a serious crime and Arizona is one of the toughest states in the nation when it comes to penalties. Mandatory DUI jail time applies in the state, but the exact sentence can vary depending on the circumstances. It’s important to understand how this works if you are facing DUI charges and you should contact an attorney as soon as possible to help you navigate the legal complexities of your case.
Minimum Sentences
Arizona Revised Statutes (ARS) 28-1381 outlines the minimum and maximum sentences for DUI based on various factors. It is important to note that it is possible to further reduce the minimum required jail time by meeting certain requirements and these will be discussed later in the article. The sentences for extreme and super extreme DUI are given in ARS 28-1382.
The minimum sentences for DUI offenses are as follows:
- First Offense, Blood Alcohol Content (BAC) Below 0.15 – 10 days, up to 9 of which can be suspended at the judge’s discretion
- Second Offense, BAC Below 0.15 – 90 days, up to 60 of which can be suspended
- First Offense, BAC 0.15 – 0.2 (Extreme DUI) – 30 days, up to 21 of which can be suspended
- Second Offense, BAC 0.15 – 0.2 (Extreme DUI) – 120 days
- First Offense, BAC above 0.2 (Super Extreme DUI) – 45 days, up to 31 of which may be suspended
- Second Offense, BAC above 0.2 (Super Extreme DUI) – 180 days
Requirements for Suspending DUI Jail Time
For first and second standard DUI offenses with a BAC below 0.15, it is possible for a judge to suspend a portion of the minimum jail time. It is necessary to enroll in and complete drug and alcohol addiction evaluation and counseling, as well as mandatory screenings. If the convicted individual does not complete this program, the court could require them to serve the full original sentence. A sentence of one day in jail is still required by law even if the rest of the time is suspended. This does not necessarily mean a full 24 hours.
In the case of extreme or super extreme DUI, jail time can only be suspended for first offenses. The condition for this is that the person equips all of the vehicles they drive with an ignition interlock device for 12 months.
Other Penalties for DUI
In addition to jail time, there are several other penalties that accompany a DUI conviction. There are mandatory fines as well as license suspension. Beyond the legal penalties, there are other consequences associated with having a DUI record. It may be more difficult to find employment and housing, your insurance rates will go up, and it may be more difficult to travel to certain countries. Being convicted of this crime can affect multiple areas of your life.
Minimizing Jail Time
If you are being charged with a DUI, it’s important to seek the help of an experienced attorney. At DUI Defense Team, we can help you understand what options are available to you and will fight to achieve the best possible outcome.
