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Is drinking driving a felony or a misdemeanor in Arizona?
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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.
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