Possible Punishment/Penalties for DUI and DWI
First offense misdemeanor:
Regular DUI or DWI – The penalties for a first conviction of non-extreme DUI or DWI are: a mandatory minimum of 10 days in jail – 9 days can be suspended only upon completion of mandatory attendance at alcohol screening (approximately $200); any recommended classes (approximately $400); and a minimum fine and surcharge of approximately $1250.00. The maximum can be six (6) months’ jail. In addition, the court now must order one (1) year of a mandatory IID being attached to your steering wheel, which requires you to blow into the device every time you start your car. In addition, you must then continue to blow into the device every 15 minutes to keep your car’s ignition on! Lastly, if the court chooses, they can order “more than twelve months” of an interlock device in severe cases.
Second offense misdemeanor:
Regular DUI or DWI – A conviction for a second non-extreme DUI or DWI within seven (7) years from the first conviction, the mandatory minimum penalties are: at least 90 days in jail-60 days can be suspended only upon completion of the mandatory alcohol screening classes outlined above; a minimum fine and surcharge of approximately $3000.00; 30 hours community service; the Motor Vehicle Department (MVD) will revoke your driving privileges for at least one (1) year; and one (1) year of a mandatory IID being attached to your steering wheel after all suspensions completed at a cost of $1500.
Third offense misdemeanor:
The prosecutor has the option of charging a third offense misdemeanor as a first offense felony, Aggravated DUI. . . and they usually do!
DUI Drugs:
Per A.R.S. §28-1381 (A)(3), it is illegal to drive with a metabolite of illegal or illicit drugs in a person’s body. “Illegal” drugs are the common drugs that we all know (cocaine, marijuana, etc.) that are usually illegal for everyone to use. An “illicit” drug is a legal prescription drug that is possessed by somebody who does not have a valid prescription to consume or possess those drugs. Under this statute, it is irrelevant whether or not you are impaired by the drug while driving, and it is a “strict liability” crime to merely have those metabolites in your system. This means that you could have smoked marijuana thirty (30) days prior to driving, and still be pulled over and cited for DUI Drugs. However, the police officer still needs to have “reasonable suspicion” and “probable cause” in order to pull you over or force you to provide a blood, breath or urine test. This will be explained more thoroughly in the “Possible Defenses” section.
http://dmcantor.com/dui-vehicular-crimes/dui-dwi
7:41 AM
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