DUI Related Charges

Because of the dangers associated with driving under the influence of alcohol or drugs, the DUI laws in Arizona are strictly enforced. A conviction can have serious consequences, including jail time, significant fines, a point on your license, and loss of driving privileges. If you have been arrested for DUI, whether it’s standard of extreme DUI, it is crucial to speak with an experienced criminal defense attorney immediately to best protect your rights.

The Blischak Law Firm has a proven track record of successfully defending clients against DUI charges in Phoenix, Scottsdale, Mesa, Tempe, Glendale, and throughout the state of Arizona. We are well versed in the state’s DUI laws and leverage our knowledge and skill to achieve successful outcomes.

In Arizona, driving under the influence is defined as driving while impaired by alcohol or other legal or illegal substances.  A person can be charged with DUI for driving with a blood alcohol concentration of 0.08 percent or higher, whether or not his or her driving was impaired (the BAC limit for commercial drivers is 0.4 percent). It is also unlawful to drive under the influence of drugs (DUID), or any combination of drugs and alcohol.

Additionally, Driving Under the Influence can be charged when a person is said to be in actual physical control of a vehicle, even if he or she was not actually driving. Determining actual physical control is based on a number of factors such as whether the vehicle was running, where the vehicle was stopped, whether the ignition was on, whether the driver was awake or asleep, and the position in which the driver was found.

Because it is illegal for anyone under the age of 21 to consume alcohol, there is zero-tolerance for underage DUI in Arizona and charges can be brought if there is any detectable blood alcohol concentration. Moreover, if the DUI occurs in a school zone, then the penalties will be elevated.

Finally, there is an implied consent law in place in Arizona. In sum, anyone who obtains a driver’s license agrees to submit to a breathalyzer or blood test if he or she is suspected of DUI and stopped by law enforcement. Refusing to submit to BAC testing will lead to an automatic license suspension, fines, and other penalties.

The penalties for Drunk Driving in Arizona depend on a number of factors and there are three classifications: Standard DUI, Extreme DUI, and Aggravated DUI. 

Punishment depends on factors such as age, BAC, and whether the accused was a non-commercial or commercial driver.

Penalties for a first offense include:

• 10 DAYS OF JAIL
• A FINE OF $1,250 AND OTHER ASSESSMENTS
• COMPLETION OF AN ALCOHOL/DRUG SCREENING, TREATMENT, AND EDUCATION PROGRAM
• IGNITION INTERLOCK DEVICE FOR 12 MONTHS
• 8 POINTS ON MVD RECORD
• COMMUNITY SERVICE

Penalties for a second offense include:

• 90 DAYS IN JAIL
• A FINE NOT LESS THAN $3,000
• LICENSE REVOCATION FOR 12 MONTHS
• COMPLETION OF AN ALCOHOL/DRUG SCREENING, TREATMENT, AND EDUCATION PROGRAM
• IGNITION INTERLOCK DEVICE FOR 12 MONTHS
• 8 POINTS ON MVD RECORD
• COMMUNITY SERVICE

Extreme DUI

These charges can be brought against a person who has a BAC of 0.15 percent or higher.

Penalties for a first offense include:

• 30 DAYS IN JAIL
• FINES NOT LESS THAN $2,500
• THE IGNITION INTERLOCK DEVICE FOR 12 MONTHS
• COMPLETION OF AN ALCOHOL/DRUG SCREENING, TREATMENT, AND EDUCATION PROGRAM
• 8 POINTS ON MVD RECORD
• COMMUNITY SERVICE

Penalties for second and subsequent offenses include:

• NOT LESS THAN 120 DAYS IN JAIL
• FINES NOT LESS THAN $3,250
• LICENSE REVOCATION FOR 12 MONTHS
• THE IGNITION INTERLOCK DEVICE FOR 12 MONTHS
• COMPLETION OF AN ALCOHOL/DRUG SCREENING, TREATMENT, AND EDUCATION PROGRAM
• 8 POINTS ON MVD RECORD
• COMMUNITY SERVICE

Aggravated DUI

Although DUI is considered a misdemeanor, the charged can be elevated to Aggravated DUI, a class 4 or class 6 felony, under the following circumstances:

• THERE WAS A CHILD UNDER THE AGE OF 15 IN THE VEHICLE AT THE TIME OF THE DUI ARREST
• THE DEFENDANT HAS THREE OR MORE DUI CONVICTIONS WITHIN A SEVEN-YEAR PERIOD
• THE DRIVER’S LICENSE WAS SUSPENDED OR REVOKED AT THE TIME OF HIS OR HER ARREST
• THE DRIVER WAS ARRESTED FOR DUI AFTER COURT-ORDERED USE OF AN IGNITION INTERLOCK DEVICE

Penalties for Aggravated DUI include:

• 4 TO 24 MONTHS IN PRISON
• NOT LESS THAN $4,000 IN FINES
• THE IGNITION INTERLOCK DEVICE FOR 24 MONTHS
• LICENSE REVOCATION FOR 12 MONTHS
• COMPLETION OF AN ALCOHOL/DRUG SCREENING, TREATMENT, AND EDUCATION PROGRAM
• COMMUNITY SERVICE

There is no specific statute in Arizona for “vehicular manslaughter,” however, the driver of a vehicle who recklessly causes the death of another person while driving under the influence can be charged with second-degree felony manslaughter punishable by 3 to 12.5 years in prison. 

The Blischak Law Firm has extensive experience defending clients who have been charged with all classes of DUI offenses. Because a Drunk Driving conviction can have an adverse impact on your future, interfere with your ability to earn a living, and drive up insurance costs, we will diligently provide you with a DUI defense and achieve the best possible outcome.

In some cases, for example, breathalyzer tests have been found to be inaccurate. We will obtain and challenge those tests, as well as police reports, medical records, and any related reports. By thoroughly preparing your case, will we strive to minimize the charges and penalties, preserve your license, and help you avoid jail time. If you have been arrested and charged with DUI, you need the superior legal representation we are uniquely qualified to provide. Call our office today at (602) 833-5376 or fill out a contact form for a free consultation.

The Law Office of John W. Blischak serves clients in Phoenix, Scottsdale, Mesa, Tempe, Glendale, and throughout the state of Arizona.