Is drinking driving a felony or a misdemeanor in Arizona?

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Question:

Is drinking driving a felony or a misdemeanor in Arizona?

Answer:

The State of Arizona considers it a crime for any driver to be operating a vehicle with a blood alcohol concentration (BAC) of .08 or higher in their system. Under Arizona laws, anyone that is pulled over on suspicion of driving under the influence (DUI) must submit to a chemical test of their blood, breath or urine. This is known as the “implied consent law” which means that anyone with a driver’s license automatically agrees to these conditions.

DUI Penalties in the Grand Canyon State

The State District Attorney may file charges against you and the penalties you face will largely depend upon the circumstances of the arrest and your past criminal history. Most individuals are charged with a misdemeanor, but if you had a child in your vehicle under the age of 15 at the time, you may be facing an Arizona felony DUI conviction. The penalties for a DUI offense in Arizona are as follows:

 

Classification of Crime

Possible Jail Time

Mandatory Fines

Length of Suspension

First-time DUI Offense

Up to 6 months

$750 plus surcharge

90 days (work permit may be issued after 30)

Second DUI within 5 yrs

Up to 6 months

$1750 plus surcharge

One year revocation

BAC of .15 or higher

30 days minimum up to 6 months

$1750 plus surcharge

One year revocation

Aggravated Felony DUI

 4 months to 2.5 years

$1900 plus surcharge

Three year revocation

 

Each of these requires that an ignition interlock device be installed in the vehicle of the driver, along with court ordered drug and alcohol education classes.

Getting a Strong Legal Team to Help

It’s no secret that drinking and driving still continues to be a major problem in our nation. People may not realize that legislators are busy passing much stiffer laws in an effort to combat the problem. Arizona is known to have some of the toughest DUI laws in the country. Therefore, it is important to hire an experienced attorney to help you avoid jail by entering a diversion program. 

This article is provided for informational purposes only. If you need legal advice or representation,
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This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.


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