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If a person is arrested for an extreme DUI while on probation what could be the possible penalties?

Phoenix, AZ |

The person in question was on a probabtion for a previous driving offense that occured 3 months before the DUI offense. Looking at his record I am assuming that "Probation Assessment" means he is on probation, is that correct?

Attorney Answers 2


Not necessarily. Courts have been illegal assessing a $20 fee for every defendant regardless of whether they are on probation or not.

Attorney David Kephart is an experienced Criminal Defense Trial Attorney and Jury Consultant. He is the recipient of the Arizona Attorneys for Criminal Justice President's Award and the recipient of the International Academy of Trial Lawyers Commendation for Excellence in Trial Advocacy. His response to your question is intended to be a general statement of law, should not be relied upon as legal advice, does not create an attorney/client relationship, and does not create a right to continuing email exchanges.

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Thanks for answering the question, but what would be the penalties for an extreme DUI in AZ?

David Kephart

David Kephart


It somewhat varies by jurisdiction, but the typical sentence is 30 days jail, which can be reduced to 9 days if the jurisdiction has implemented the new stature regarding interlock devices. In addition, some jurisdictions have home detention so after 20% of the jail sentence they can get home detention (with some minor exceptions). There are hefty fines, over $2,000, jail costs, mandatory traffic survival school, 8 pts on the license, possible license suspension depending on status of license, 12 months of ignition interlock device, 36 hrs of alcohol classes. I may have missed a thing or two, but any DUI offense sucks b/c there are so many penalties associate with them.


If the defendant is on misdemeanor probation, the biggest concern is not necessarily getting revoked, but the potential second-time extreme or even aggravated DUI charges. Aggravated DUI charges include a four month minimum prison term; second time extreme DUI charges include a mandatory 120 day jail term. All this, however, assumes the cases against the person in question are strong. They may not be.

This information is not intended as legal advice and should not be relied upon or construed to create an attorney-client relationship. It is for informational purposes only.

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