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Mandatory Minimum Sentences for First Time Misdemeanor DUI Convictions in Arizona

Posted by attorney Tait Elkie

DUI, Driving or in Actual Physical Control of a Motor Vehicle While Impaired to the Slightest Degree, A.R.S. §28-1381 (A)(1)

  • Ten (10) days in jail. Nine (9) of those days in jail may be suspended upon successful completion of alcohol or drug abuse screening, counseling and treatment.
  • A fine of $250.00 plus surcharges.
  • A $500.00 Prison Construction and Operations Fund fee.
  • A $500.00 Public Safety Equipment Fund fee.
  • Up to five (5) years of supervised or unsupervised probation.
  • Installation of an Ignition Interlock Device for twelve (12) consecutive months.
  • MVD will also assess eight (8) points to your driving record, require you to successful complete Traffic Survival School, and suspend your driving privileges for ninety (90) days.

DUI, Driving or in Actual Physical Control of a Motor With a Blood Alcohol Concentration of .08 or Above Within Two (2) Hours of Driving, A.R.S. §28-1381 (A)(2)

  • Ten (10) days in jail. Nine (9) of those days in jail may be suspended upon successful completion of alcohol abuse screening, counseling and treatment.
  • A fine of $250.00 plus surcharges.
  • A $500.00 Prison Construction and Operations Fund fee.
  • A $500.00 Public Safety Equipment Fund fee.
  • Up to five (5) years of supervised or unsupervised probation.
  • Installation of an Ignition Interlock Device for twelve (12) consecutive months.
  • MVD will also assess eight (8) points to your driving record, require you to successful complete Traffic Survival School, and suspend your driving privileges for ninety (90) days.

DUI, Driving or in Actual Physical Control of a Motor Vehicle with a Drug or Drug Metabolite, A.R.S. §28-1381 (A)(3)

  • Ten (10) days in jail. Nine (9) of those days in jail may be suspended upon successful completion of alcohol or drug abuse screening, counseling and treatment.
  • A fine of $250.00 plus surcharges.
  • A $500.00 Prison Construction and Operations Fund fee.
  • A $500.00 Public Safety Equipment Fund fee.
  • Up to five (5) years of supervised or unsupervised probation.
  • Installation of an Ignition Interlock Device for twelve (12) consecutive months.
  • MVD will also assess eight (8) points to your driving record, require you to successful complete Traffic Survival School, and suspend your driving privileges for one (1) year.

Extreme DUI, Driving or in Actual Physical Control of a Motor With a Blood Alcohol Concentration of .15 or Above Within Two (2) Hours of Driving, A.R.S. §28-1382 (A)(1)

  • Thirty (30) consecutive days in jail.
  • Alcohol abuse screening, counseling and treatment.
  • Community Restitution may be ordered.
  • A fine of $250.00 plus surcharges.
  • A $250.00 DUI Abatement Fund Fee.
  • A $1,000.00 Prison Construction and Operations Fund fee.
  • A $1,000.00 Public Safety Equipment Fund fee.
  • Up to five (5) years of supervised or unsupervised probation.
  • Installation of an Ignition Interlock Device for twelve (12) consecutive months.
  • MVD will also assess eight (8) points to your driving record, require you to successful complete Traffic Survival School, and suspend your driving privileges for ninety (90) days.

Super Extreme DUI, Driving or in Actual Physical Control of a Motor With a Blood Alcohol Concentration of .20 or Above Within Two (2) Hours of Driving, A.R.S. §28-1382 (A)(2)

  • Forty-five (45) consecutive days in jail.
  • Alcohol abuse screening, counseling and treatment.
  • Community Restitution may be ordered.
  • A fine of $500.00 plus surcharges.
  • A $250.00 DUI Abatement Fund Fee.
  • A $1,000.00 Prison Construction and Operations Fund fee.
  • A $1,000.00 Public Safety Equipment Fund fee.
  • Up to five (5) years of supervised or unsupervised probation.
  • Installation of an Ignition Interlock Device for eighteen (18) consecutive months.
  • MVD will also assess eight (8) points to your driving record, require you to successful complete Traffic Survival School, and suspend your driving privileges for ninety (90) days.

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