First Offense DUI Arizona 

If you are caught driving drunk in Arizona, be prepared to face harsh Arizona DUI laws. You could receive a jail sentence, a heavy fine, and other consequences, including an ignition interlock device on your vehicle. When your future and freedom are on the line due to a first DUI charge, you need a top DUI attorney in Arizona to represent you. 

The Law Office of Hernandez & Hamilton, PC is Arizona’s premier criminal defense law firm. We can help fight the consequences of Arizona’s DUI laws. Our attorneys have over 90 years of combined criminal defense experience that can make all the difference in your first DUI offense in Arizona. Our accomplishments have led to being named Super Lawyers and among the Best Law Firms by Best Lawyers in 2024. Contact an experienced criminal defense law attorney today at (520) 882–8823 for a free consultation. 

What Is An Arizona DUI? 

DUI offenses are taken seriously in Arizona. It is illegal in Arizona to drive under the influence of drugs or alcohol. If a police officer stops you for driving under the influence and a breath or blood test shows you have a .08% or higher blood alcohol concentration (BAC), you may be charged with DUI. You can be arrested for DUI if you have a BAC under .08% – or under .04% for commercial truck drivers – if the police officer believes you are intoxicated. 

If you do not submit to a breath or blood test or fail either one, you lose your driver’s license for a year, or 24 months for your second refusal within seven years. You also must complete drug and alcohol screening before you can obtain a restricted driver’s license or get your regular license back. 

First Offense DUI Penalties And Consequences

Your first offense DUI in Arizona is a Class 1 misdemeanor. You will receive at least 10 days in jail and a fine of no less than $1,250. You also must have alcohol screening, education, and treatment. Another requirement of a first-time DUI in Arizona is installing a certified ignition interlock device on any motor vehicle you drive. Community service is also mandatory. 

Extreme DUI Penalties

There are more penalties for a first DUI in Arizona if your blood alcohol concentration is .15% or higher. This is defined under Arizona law as an ‘extreme DUI.’ A first-offense extreme DUI in Arizona has the following punishments: 

• At least 30 consecutive days in jail. You cannot receive a suspended sentence or probation. 
• A fine of at least $2,500. 
• Alcohol screening, education, and treatment. 
• Installation of an ignition interlock device on all of your vehicles. 
• Community service. 

Super Extreme DUI 

A first super extreme DUI charge involves a BAC of .20% or higher. You can receive up to 45 days behind bars and the fine will be at least $3,000. You must also have an ignition interlock device for at least 18 months.  You need an elite drunk driving lawyer if you are charged with super extreme DUI. 

Underage DUI

Drivers who are under 21 can be charged with under-age DUI. Arizona has instituted a zero-tolerance policy for minors drinking and driving. This policy is sometimes called the ‘not a drop’ law. If you are under 21 and tested with a BAC over 0.0%, you can be charged with misdemeanor DUI. Up to 10 days in jail, a fine of up to $1,600, and a driver’s license suspension for 90 days is possible. 

Aggravated DUI For First Offense

There are limited circumstances in which state prosecutors will file aggravated DUI charges for a first DUI offense in Arizona. This may happen if you have a minor under 15 in the vehicle. An aggravated first DUI in Arizona may be punished by up to two years in jail, in addition to screening, ignition interlock device installation, and community service.

You can be charged in Arizona for a DUI even if your vehicle isn’t in motion. The law states that if you are in ‘actual physical control’ of your car, you can be charged with a first DUI. Examples where you could be charged when having actual physical control of the vehicle are: 

• Having the keys in the ignition. 
• Sitting in the vehicle with the engine running. 
• Activating the car’s air conditioning or heater. 
• Having the headlights on. 
• Sitting in the driver’s seat and holding the keys. 

Why You Need A Lawyer For A First DUI Offense In Arizona

Once you hire a DUI attorney in Arizona, they will work tirelessly to safeguard you from the worst first DUI penalties. Your attorney will likely begin by researching your case and arrest for a viable reason to get the case dismissed. 

If that is impossible, your attorney will build a defense to reduce the drunk driving charge to a lesser charge, perhaps reckless driving. Reckless driving has a lighter sentence than drunk driving as there is no required jail time or ignition interlock device required. 

There are many potentially effective defenses for a first-time Arizona DUI, including: 

Inadmissible Evidence

Just because Arizona law enforcement has a test that shows you were intoxicated doesn’t mean you will be convicted of DUI. Using evidence against you in court requires it to have been legally obtained. Police do not always follow correct procedures when pulling over and arresting criminal suspects. 

For example, if the police pulled you over for no reason and made you take a breath test, the evidence may be inadmissible. Law enforcement must have a reasonable suspicion that you were intoxicated to make you take a breath test. 

Issues With Chemical Tests

The prosecutor must prove you were under the influence of drugs or alcohol. They must usually use breath and blood tests. However, the lab may have made a mistake. An experienced criminal defense lawyer can analyze the laboratory results and determine if there are any mistakes. 

You Weren’t Intoxicated

Some Arizona drunk driving cases involve marijuana and drugs that cannot be easily tested for in the field. If that is the case, they have to prove in court you were intoxicated. They must also prove that intoxication was why you were driving dangerously. 

Diversion Programs For First-Time DUI Offenders

Many states have diversion programs for first-time drunk-driving offenders. Unfortunately, Arizona isn’t one of them. All first-offense DUI penalties mentioned in this article are mandatory. If you plead guilty to a first-time DUI, the judge must sentence you according to the law. The lack of diversion programs for drunk drivers makes it even more critical to retain an aggressive, skilled drunk driving lawyer. 

However, in Arizona, there are specific alternatives for unusual circumstances. If you are a military veteran in veteran’s court, it’s possible the judge could work something out. But if you aren’t a veteran, you should hire an experienced DUI attorney for the ideal case outcome. 

Collateral Consequences Of A First Offense DUI In Arizona 

There are no diversion programs available for DUI convictions in Arizona. Therefore, it’s highly likely that you will be sentenced to jail and fined if convicted. However, the consequences of a DUI conviction only start there. Other potentially long-term consequences include: 

• Court costs and fees. The $1,250 fine for a first DUI in Arizona could be in addition to hundreds in court costs and fees. 
• Higher insurance costs and getting coverage may be difficult. 
• The court may require a vehicle impound. You could have to pay for daily storage while your vehicle is held, and there are also additional fees to get it out of the impound lot. 
• Points on driver’s license. You will have eight points on your driver’s license for a first DUI. Depending on your previous record, you may need to take a driving class to keep your license. There also could be an additional license suspension for accumulating too many points. 
• Driver’s license suspension. The typical driver’s license suspension for a first DUI is 900 days. But you could lose your license if you have an aggravated DUI or extreme DUI conviction. 
• DUI expungement complications. A DUI conviction or arrest on your record can cause problems with schools, employers, creditors, country border checkpoints, and immigration agencies. You may be able to have your DUI expunged from your record, but it will be several years before you can begin the expungement process. 

Contact An Arizona DUI Attorney Today 

If you have a DUI arrest on your record, the criminal penalties can be severe. Jail time, fines, community service, and a criminal record could be in your future. The DUI attorney at the Law Office of Hernandez & Hamilton, PC, is experienced in these complex cases and will fight for the best case outcome. You should call our attorneys if you have prior DUI offenses.  

Hernandez & Hamilton DUI attorneys were named one of the Best Law Firms in 2024 by Best Lawyers and have been named to the elite Super Lawyers and AV Preeminent Martindale-Hubbell lists. Contact an experienced criminal defense law attorney today for a free consultation about your DUI arrest and charge at (520) 882–8823.