Those driving while under the influence of drugs or alcohol in the State Arizona can be charged with a DUI.
People who have a blood alcohol content of 0.08% or more are in violation of the law. Anyone less than 21 years of age can be arrested for a DUI if alcohol of any amount is found in their blood alcohol content. A second way to be arrested is if a law enforcement offers has detection that a driver has impaired abilities that are affecting the way they are driving.
Several other factors affect the penalties facing those arrested for a DUI in Arizona. Those with a blood alcohol level at or exceeding 0.15% will be listed under the DUI extreme classification. A DUI arrest can be treated as a felony if someone was driving with an individual who was less than 15 years old at the time that they were arrested. If a person was driving without a license at the time of their arrest (license revoked) or if they had more than one prior DUI arrest, they could also be charged with a felony.
The DMV in Arizona can suspend the license of those arrested for DUI. People will also have their license revoked if they refuse to take a blood or breath test. On a first offense, an individual will lose their license for one year and will face a two year loss with a second DUI offense. First time offenders for DUI who do not refuse a blood or breath test will receive a 90 day suspension.
Individuals arrested for DUI may also face criminal charges in court. They can waive their right to a jury of their peers. If this right is not waived, there will be six jurors that will hear the DUI case in addition to the judge. DUI convictions carry with them several potential penalties.
First time DUI offenders face fines of $250. Those convicted face ten days in jail, after which time they could receive probation that would not exceed five years. A sentence may often be reduced but only if people will have an evaluation for a substance abuse problem. If it is deemed necessary, the individual must agree to receive treatment for any problems. If a first time offender has an extreme BAC, they face even harsher penalties, including a $1000 assessment fee for the DUI abatement account, and 30 days of jail time.
Second time offenders will pay $500 in fines not including the surcharge. An additional $1250 for assessment charges may also apply. Jail time can be as long as 90 days, although the sentence could be lessened to 30 days. In order for this to happen, however, the convicted individual must be evaluated to find out if they have a substance abuse problem. If they do, they will be mandated to enter some type of treatment program. Second time offenders also face driver's license suspensions lasting one year, after which time an ignition interlock system must be placed on their car. Probation can last as long as five years.
For those DUI offenders that are convicted of a felony rather than a misdemeanor charge, there are even more stringent penalties. Fines can become very high. In addition, those convicted of a felony DUI charge may serve a great deal of time in jail. Sentences could exceed ten years, and a minimum of four months must be served. Probation for a felony DUI charge can last as long as five years. A convicted party’s automobile may be forfeited and become government property. License suspension will be for three years.
Penalties can be even more severe for those who tested for excessive blood alcohol content. Other factors may also be taken into consideration when deciding on sentencing for someone who has been arrested for a DUI.
No comments:
Post a Comment