A charge for driving under the influence (DUI) can come with serious consequences. Specifically, if you are caught with a blood alcohol content level of 0.08% or over when you are driving a personal vehicle you could be charged with a DUI.1 Arizona has very strict penalties including jail terms, probation, loss of driver’s license, mandatory installation of an ignition interlock device, loss of your car insurance, court-mandated driving school, and fines.2
In Arizona, there are multiple penalties that you could suffer from if you are caught driving under the influence of alcohol, and many of them depend on whether it is the first time you are caught.
If this is a first time offense for you, you could face a minimum of twenty four (24) hours to ten (10) days in jail.3 A second offense requires a minimum of thirty (30) days to three months (90 days).4 A third offense lands you with a minimum of four months in jail.5
Fines and Penalties
Similar to jail time, the fines and penalties associated with a DUI in Arizona get steeper the more times you are charged with a DUI. A first time offense has a $250 base fine, but that doubles to $500 for a second offense and goes up to $750 as a base fine for a third offense.6 The fine could always be higher than the base fine as well.7
Another consequence of a DUI charge is a license suspension. For your first offense, your license could be suspended for as long as three months (90 days) to nearly a year (360 days), depending on the circumstances.8 However, a second and third offense will earn you a license suspension for one year.9
Ignition Interlock Device (IID) Requirements
Whether or not you have been caught once, twice, or three times you will have to install an IID in your car following a period of license suspension.10 The IID will have to be installed by a Motor Vehicle Division authorized company and you will need to provide proof of installation.11
The IID is a small device that is wired to your ignition and installed in the dashboard of your vehicle.12 It helps prevent drunk driving because it is a breath-analyzing device which will require you to provide a breath sample before your engine starts.13
Refusing To Take a Chemical Test
If you are arrested with DUI charges by a police officer and you refuse to take a blood, breath, or urine test the officer will ask you to submit your driver’s license and will issue you a driving permit that is good for fifteen (15) days.14
A first time refusal means your license suspension will last a year and you can request an ignition interlock license that would keep for the remainder of the suspension after you complete ninety days of your suspension.15 Second or third time refusals within a seven year time frame come with more stringent charges, such as a two year license suspension. A.R.S. § 28-1401. Call Ariano & Reppucci to discuss your DUI with an experienced Phoenix DUI attorney.
The consequences of refusing to take a chemical test are usually milder in Arizona than the penalties for a DUI, but it is generally not helpful to refuse a chemical test.16
 Drunk Driving Fines and Penalties in Arizona, dui.drivinglaws.org, http://dui.drivinglaws.org/arizona.php (last visited Apr. 27, 2014).
2 FAQs, arizonaduicenter.com, http://www.arizonaduicenter.com/faqs/ (last visited Apr. 27, 2014).
3 Drunk Driving Fines and Penalties in Arizona, supra note 1.
7 See DUI & DWI in Arizona, dmv.org, http://www.dmv.org/az-arizona/automotive-law/dui.php (last visited Apr. 27, 2014).
8 Drunk Driving Fines and Penalties in Arizona, supra note 1.
10 Ignition Interlock, azdot.gov, http://www.azdot.gov/mvd/driver-services/ignition-interlock (last visited Apr. 27, 2014).
14 Teresa Wall-Cyb, Arizona DUI: Refusal to Take a Blood, Breath, or Urine Test, dui.drivinglaws.org, http://dui.drivinglaws.org/resources/dui-refusal-blood-breath-urine-test/arizona.htm (last visited Apr. 27, 2014).