1. What are the minimum and maximum penalties for a first time DUI offense in Arizona?
The minimum penalty for a first time DUI offense in Arizona is a mandatory 10 day jail sentence and/or 30 days of community service, $250 to $1,000 in fines, 90 day license suspension, installation of an ignition interlock device, and mandatory completion of an alcohol education or treatment program. The maximum penalty for a first time DUI offense in Arizona is up to 6 months in jail and/or 5 years of probation, up to $2,500 in fines, 90 day license suspension, installation of an ignition interlock device, and mandatory completion of an alcohol education or treatment program.
2. What is the legal Blood Alcohol Content (BAC) limit in Arizona?
The legal Blood Alcohol Content (BAC) limit in Arizona is 0.08%.
3. Is it a criminal offense to refuse to take a chemical test after being pulled over for suspicion of DUI in Arizona?
Yes, it is a criminal offense to refuse to take a chemical test after being pulled over for suspicion of DUI in Arizona. By refusing the chemical test, the person could be charged with a class 1 misdemeanor and face up to 6 months in jail and license suspension for 12 months.
4. How long does a DUI conviction stay on an individual’s record in Arizona?
In Arizona, a DUI conviction will remain on an individual’s driving record for at least five years. The DUI may remain on an individual’s criminal record indefinitely, depending on the severity of the offense.
5. Are there any exceptions to the zero tolerance policy on underage drinking and driving in Arizona?
No, there are no exceptions to the zero tolerance policy on underage drinking and driving in Arizona. The law is strictly enforced and there are severe consequences for anyone caught driving while under the influence of alcohol, regardless of age.
6. Are there any restrictions on the sale or possession of alcohol for drivers under 21 years of age in Arizona?
Yes. Arizona has very strict laws regarding the sale and possession of alcohol by drivers under 21 years of age. Drivers under 21 are prohibited from purchasing, possessing, or consuming alcohol. Possession of alcohol can result in suspension or revocation of the driver’s license, and the penalties for purchasing or consuming alcohol as a minor can be severe.
7. Are there any ignition interlock laws in Arizona?
Yes, Arizona has ignition interlock laws. According to the Arizona Department of Transportation, any person convicted of a DUI in Arizona must install an ignition interlock device in all vehicles they own or operate. The device must be installed for at least 12 months and be re-certified every 90 days. In addition, anyone convicted of a second or subsequent DUI offense must install and maintain an ignition interlock device for at least one year after their license is reinstated.
8. What type of license suspension is issued for a DUI conviction in Arizona?
In Arizona, if someone is convicted of a DUI they will receive an administrative license suspension (ALS) for a period of 90 days.
9. Is an individual required to attend drug and alcohol classes or treatment programs after being charged with a DUI in Arizona?
Yes, an individual is required to attend drug and alcohol classes or treatment programs after being charged with a DUI in Arizona. Arizona Revised Statute 28-1381 requires that all individuals convicted of a DUI in the state must attend and complete an alcohol or drug treatment program, depending on the substance in question, for a period of time determined by the court.
10. Does Arizona have an implied consent law for chemical testing after a DUI arrest?
Yes, Arizona does have an implied consent law for chemical testing after a DUI arrest. This law states that any person who drives on Arizona roads is deemed to have consented to a chemical test to determine their blood alcohol content (BAC). If an individual refuses to submit to a chemical test, they can face penalties such as license suspension and jail time.
11. Are there any laws requiring sobriety checkpoints or roadblocks in Arizona?
Yes, sobriety checkpoints are legal in Arizona. According to the Arizona Department of Transportation, law enforcement officers may set up sobriety checkpoints in order to detect and deter drunk drivers. Sobriety checkpoints may also be used to check for valid driver’s licenses and registration and to provide additional visibility to areas where there is an increased risk of impaired driving. Sobriety checkpoints must be announced in advance and must meet certain criteria in order to be legal.
12. Are there any restrictions on the types of vehicles an individual may operate following a DUI conviction in Arizona?
Yes. Depending on the specifics of the DUI conviction, individuals may have restrictions placed on the types of vehicles they may operate. These restrictions typically involve prohibiting the operation of commercial motor vehicles (CMV) and/or vehicles with restricted license plates. Individuals convicted of an extreme DUI may also have restrictions placed on their driver’s licenses that prohibit them from operating a motor vehicle that has been modified with any type of aftermarket/performance device.
13. Is it possible to have a DUI charge reduced to a lesser offense in Arizona?
Yes, it is possible to have a DUI charge reduced to a lesser offense in Arizona. Depending on the circumstances of the case, a plea bargain may result in lesser charges such as a wet reckless or reckless driving. Additionally, a skilled attorney may be able to negotiate with prosecutors to reduce the charge to a lesser offense.
14. What is the legal limit for open containers of alcoholic beverages while driving in Arizona?
In Arizona, it is illegal to have an open container of alcohol in a vehicle. Open containers are defined as any container that has been opened, or has had the seal broken, or otherwise has alcohol that is immediately capable of being consumed.
15. Does insurance coverage change after a DUI conviction in Arizona?
Yes, insurance coverage can change after a DUI conviction in Arizona. The premiums may increase significantly, the deductible may be raised, and some coverage may be excluded altogether. Additionally, some insurers may refuse to offer coverage altogether. It is important to review your policy and contact your insurance provider to discuss any changes that may occur after a DUI conviction.
16. Are there any circumstances where an individual may drive with revoked license resulting from a DUI conviction in Arizona?
No, in Arizona, an individual may not drive with a revoked license resulting from a DUI conviction. A revoked license requires an individual to reapply for a license and may require additional DUI education classes or other measures before the individual is allowed to drive again.
17. Are there any laws that make it illegal to operate a vehicle without insurance after being convicted of a DUI in Arizona?
Yes, in the state of Arizona, if you are convicted of a DUI, you are required to provide proof of financial responsibility for the next three years, which can include obtaining a SR-22 certificate from your auto insurance company. Failure to obtain and maintain this certificate will result in suspension of your driver’s license.
18. Is plea bargaining allowed for DUI cases in Arizona?
Yes, plea bargaining is allowed for DUI cases in Arizona. However, it is important to speak with an experienced attorney to determine if it is in your best interest to pursue a plea bargain in your case.
19. How long does an individual have to request a hearing with the DMV regarding driver’s license revocation for a DUI conviction in Arizona?
Individuals in Arizona have 15 days from the date of the notice of revocation to request a hearing from the DMV regarding their driver’s license revocation for a DUI conviction.
20. Does Arizona offer any programs that allow individuals to get their driver’s license reinstated following a DUI conviction?
Yes, Arizona does offer programs that allow individuals to get their driver’s license reinstated following a DUI conviction. The program is called the Ignition Interlock Program, and it requires those convicted of DUI offenses to install an ignition interlock device in their vehicles. This device measures the driver’s blood alcohol content and will prevent the vehicle from starting if the driver has been drinking. Those who complete the program successfully can then have their licenses reinstated.