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Regular DUI / Impaired to the Slightest Degree 

What is known as a “regular DUI” is two separate charges. The first involves driving or being in actual physical control of a vehicle while impaired to the slightest degree by alcohol or drugs. The second involves having a blood alcohol content of .08 or more within two hours of driving or being in actual physical control of a vehicle due to alcohol consumed before the driving or actual physical control.

How Does the DUI Process in Arizona Work?

Under normal circumstances, a “regular DUI” is a class 1 misdemeanor, which is generally punishable by up to six months in jail, probation, and a maximum fine of $2,500. A “regular DUI” is generally charged in one of two ways. The first way is the most common and involves the arresting officer issuing a post-arrest citation, which he or she will also file with the court. The citation will contain a court date, which is an arraignment. When the citation is issued, the involved officer will serve one copy of it on the defendant and then file another copy with the court to initiate criminal action. The suspected DUI driver is then required to appear in court to plead either guilty or not guilty.

The second manner of charging is what is known as “long-form charging.” In this scenario, the officer typically releases the suspect after completing the DUI investigation. Later, usually, after blood test results become available, the officer will forward his investigative materials to the prosecutor’s office. At that point, the State’s attorneys will file a complaint in the court, and a summons will be issued and mailed to the defendant via certified mail. The summons will contain a court date, at which the defendant named in the complaint is required to appear and plead not guilty.

DUI Penalties

DUI penalties vary depending on the frequency and severity of the offense(s). Someone with a prior offense within the last 84 months will face far more significant penalties than someone who has never been convicted of a DUI. Regardless of whether or not you have a prior offense, you should speak with a qualified Phoenix DUI attorney as soon as possible following charges. The mandatory minimum criminal penalties for first time regular DUI (Impaired the Slightest Degree or BAC .08+) are as follows:

  • 10 days jail w/ 9 suspended upon completion of substance abuse screening and recommended counseling.
  • $250 base fine plus surcharge.
  • $500 Prison Construction Fund assessment.
  • $500 DPS Equipment Fund assessment.
  • Substance abuse screening and counseling.
  • 8 points against your driver’s license.
  • 1-year interlock requirement, which can be reduced by MVD to 6 months if fully compliant with interlock rules.
  • 90-day suspension of driving privileges, with no driving the first 30 days and a restricted driver’s license for the remaining 60 days if eligible (Note: if you are suspended pursuant to Arizona’s Admin Per Se statute prior to being convicted you will not face this suspension upon conviction).
  • SR22 (Note: The SR22 is only required if your driving privileges have not been suspended pursuant to Arizona’s Admin Per Se law prior to the entry of the DUI conviction).

The mandatory minimum criminal penalties for second offense regular DUI (Impaired the slightest degree or BAC .08 +) are as follows:

  • 90 days jail, with 60 suspended upon completion of substance abuse screening and counseling. With respect to the 30 days of jail, home detention is available for eligible individuals after the first 6 days.
  • 30 hours of community service.
  • $500 base fine plus surcharge.
  • $1250 Prison Construction Fund Assessment.
  • $1250 DPS Equipment Fund Assessment.
  • Substance abuse screening and counseling.
  • 1-year revocation of driving privileges (Special Ignition Interlock Restricted Driver’s License may be available to eligible individuals after the first 45 days of the revocation period).
  • 12-month interlock device requirement following reinstatement of driving privileges.

Free Consultation with Arizona DUI Defense Lawyers

If you have been arrested or charged with a DUI, you need an experienced criminal defense lawyer in Phoenix to assist you. You must remember that it is the State’s job to convict you, which means you need someone in your corner who understands how to locate and exploit the weaknesses in the government’s evidence. A lawyer can also help you manage the interplay between the criminal court and the MVD, and help you minimize the impact that your DUI arrest will have on the wider aspects of your life. Contact Stone Rose Law today to speak with a DUI defense lawyer about your DUI case here or by calling (480) 498-8998.