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Greenlee County

Greenlee County Attorney
DUI Penalties

If you are convicted of driving under the influence, you are subject to mandatory penalties which the court cannot ignore.

There are three categories of offenses in area of DUI in Arizona, they are as follows:

  • DUI: This charge can happen in any one of three different ways.
    • If you drive while under the influence of alcohol and your ability to drive is affected even to the slightest degree by either drugs (even prescriptions) or alcohol, you are guilty of DUI;
    • If within two hours of driving your blood alcohol level is .08% or higher, you are guilty of DUI (this level is measured either by drawing blood or testing a sample of your breath, and if you have a commercial driver's license the limit is .04%.);
    • If you drive with any illegal drug or any residue or metabolite of an illegal drug in your blood, you are guilty of DUI.
  • Extreme DUI: If within two hours of driving your blood alcohol level is .15% or higher you are guilty of Extreme DUI.
  • Aggravated DUI: If you commit either a DUI or an extreme DUI and
    • Your driver's license or privilege to drive has been suspended, revoked, cancelled or has a restriction placed on it; or
    • It is your third DUI offense within 5 years; or
    • You commit a DUI or an Extreme DUI while there is a person under 15 years of age in the car.

First Offense DUI

The penalties for a first offense DUI are at least:

  • 10 consecutive days in jail (9 can be suspended if you successfully complete drug and alcohol screening):
  • A fine of $250 plus a surcharge of 80% for a total of $450;
  • In addition to the fine, Arizona law now requires that you pay an additional $500 DUI assessment;
  • Your driver's license will be suspended for a minimum of 90 days and can be suspended for up to one year in certain circumstances.

Second Offense DUI

If you are convicted for a second DUI within 5 years of the first the penalties are at least:

  • 90 days in jail (60 can be suspended if you successfully complete drug and alcohol screening);
  • A fine of $500 plus a surcharge of 80% for a total of $900;
  • In addition to the fine, Arizona law now requires that you pay an additional $1,250 2ND offense DUI assessment;
  • Your driver's license will be revoked for one year AND you will have to install, at your own expense, in every vehicle you drive, a certified interlock ignition device that will not allow the vehicle to start unless you can blow into the device and prove you have not had any alcohol.

Extreme DUI

The penalties for a first offense extreme DUI are at least:

  • 30 days in jail (20 can be suspended if you successfully complete drug and alcohol screening);
  • A fine of $250 plus a surcharge of 80% for a total of $450;
  • In addition to the fine, Arizona law now requires that you pay an additional $250 DUI assessment;
  • In addition to the fine and the DUI assessment, Arizona law now requires that you pay an additional $1,000 Extreme DUI assessment;
  • Your driver's license will be suspended for a minimum of 90 days and may be suspended for up to a year in certain circumstances AND you will have to install, at your own expense, in every vehicle you drive, a certified interlock ignition device that will not allow the vehicle to start unless you can blow into the device and prove you have not had any alcohol.

Extreme DUI as a Second Offense

If you are convicted of Extreme DUI and you have previously been convicted of another DUI within 5 years, the penalties are at least:

  • 120 days in jail (60 can be suspended if you successfully complete drug and alcohol screening);
  • A fine of $500 plus a surcharge of 80% for a total of $900;
  • In addition to the fine, Arizona law now requires that you pay an additional $250 DUI assessment;
  • In addition to the fine and the DUI assessment, Arizona law now requires that you pay an additional $1,250 Extreme DUI assessment;
  • Your driver's license will be revoked for one year AND you will have to install, at your own expense, in every vehicle you drive, a certified interlock ignition device that will not allow the vehicle to start unless you can blow into the device and prove you have not had any alcohol.

Aggravated DUI

If you are convicted of Aggravated DUI and you have previously been convicted of another DUI within 5 years, the penalties are at least:

  • 4 months in prison (8 months if this is your 4th DUI in 5 years;
  • You MUST attend and successfully complete drug and alcohol screening and counseling
  • A fine of $750 plus a surcharge of 80% for a total of $1,350;
  • In addition to the fine, Arizona law now requires that you pay an additional $250 DUI assessment;
  • In addition to the fine and the DUI assessment, Arizona law now requires that you pay an additional $1,500 Aggravated DUI assessment;
  • Your driver's license will be revoked for three years AND you will have to install, at your own expense, in every vehicle you drive, a certified interlock ignition device that will not allow the vehicle to start unless you can blow into the device and prove you have not had any alcohol;
  • Your car could be forfeited, sold, and the proceeds given to the state;
  • Aggravated DUI is a felony in Arizona.

Important Notes:

  • Your privilege to drive can be taken away even if you have never had a drivers license.
  • If you have been convicted in any other state for DUI or had your license suspended in any other State, and you are later convicted in Arizona for a DUI, Arizona law treats the previous DUI or suspension as though it had happened in Arizona and the harsher penalties apply.
  • Arizona Law requires that if a police officer has reasonable suspicion to believe that you are committing any form of DUI, you must provide a sample of your blood, breath, or urine (or all three), whatever the officer decides is necessary for the case. If you do not provide any sample the officer asks for, your license will be suspended for one year and the officer can still obtain a search warrant and take a sample by reasonable force, if necessary.
  • The penalties listed above are the minimums that the court must impose. However, courts always have the authority to impose harsher penalties as allowed by law, if the court believes the circumstances of the case call for harsher penalties.
  • You car insurance rates after a DUI conviction will go through the roof.