Arizona DUI Lawyer & Attorney : Koplow & Patane Law Firm : Arizona DUI Defense

It's 5:00 p.m. on Friday afternoon in Phoenix, and Joe just walked through the door of his favorite restaurant to meet some friends for happy hour.  He drove himself to the restaurant.  When he is done, he is going to drive to his house in Scottsdale.

At the table, Joe sees everyone has one of the restaurant's signature margaritas in front of them.  The waiter comes to the table and asks Joe: "can I get you something to drink?"  Before Joe answers this question, I wish he would consider the following facts:

1. There is no crime of Drunk Driving in Arizona.  Arizona law makes it illegal to drive while Joe is impaired to at least the slightest degree by alcohol.  This means that if Joe's ability to drive is impaired to any degree, Joe is technically in violation of the law;
2. If Joe is stopped by the police, they will stick a needle in Joe's arm.  Regardless of the law on this subject, it has been my experience that if Joe is stopped by a police officer for a traffic violation, and the officer smells any alcohol, Joe is going to end up taking a chemical test.  Many police agencies are now using blood testing instead of breath testing.  If the officer smells alcohol on Joe's breath (or just imagines it), Joe is going to have a needle stuck in his arm and a blood sample will be taken.  The results of the blood test will probably take at least 30 days to come back.  While Joe is waiting to find out the results of the blood test, he will not sleep very much or very well;
3. If Joe refuses the blood test, the officer will get a warrant and forcibly take his blood.  Once the officer meets the requirements of Arizona's implied consent law, he may require Joe to submit to a chemical test.  If Joe says "no," he will then lose his driver's license for 12 months.  Moreover, the officer will then make a phone call to the judge.  Within minutes, the judge can then issue a telephonic warrant.  If Joe still refuses, he will be held down by several police officers, and a needle will be shoved into his vein. 

Now if Joe knew these three things when the waiter asked him: "can I get you something to drink" - how might Joe answer?  I think the average Joe would say: "Yes...Diet Coke."

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1.  If I am convicted of an Arizona DUI, do I have to go to jail?

The only way to avoid going to jail is to avoid a DUI conviction.  However, if you are convicted, Arizona DUI law requires a mandatory term of jail.  The amount of jail will depend on several factors.  To start, the results of a blood alcohol concentration (BAC) test will generally control the amount of mandatory jail required.  Here are the mandatory minimum terms of jail based on a person's BAC: 

• BAC under .150 - 1 day
• BAC of .150 and below .200 (new laws pending) - 10 days
• BAC of .200 and above - 45 days

These jail terms apply to first time DUI convictions.  Second time DUI convictions have much longer mandatory minimums. 

2.  Will I lose my driver's license if I am convicted of a DUI in Arizona?

A person's driver's license will be suspended if the results of a chemical test are above .08.  This suspension is actually through the Motor Vehicle Division - not the courts.  Thus, the suspension often occurs prior to a court conviction. 

To illustrate, take the example of a person who is arrested for DUI and performs a breath test.  Suppose the breath test results are .100 and .101.  Because the test results are above a .08, the officer will give that person a form called an admin per se / implied consent affidavit.  The affidavit will state that the person's driver's license will be suspended in 15 days.  The term of suspension is 90 days.  However, after the first 30 days the person may be eligible for a restricted driving permit.  Thus, a conviction is not even necessary for the suspension to take effect.

3.  What is the penalty if I refuse to take a breath or a blood test?

Arizona law requires that a person submit to a chemical test.  If a person refuses the test, then a 1 year driver's license suspension is triggered.  However, the person may be eligible for a special restricted driver's license after the first 90 days.  If a person is considering refusing a chemical test, they should attempt to contact an attorney to assist with this decision.

4.  Are there any other penalties to my driver's license in addition to suspension?

Yes.  After September 2007, all Arizona DUI convictions require a person to install an Ignition Interlock Device in their vehicle.  This device takes a sample of a person's breath and measures if there is any alcohol in their system.  If alcohol is found to be present in the person's system, then the vehicle will not start.

5.  If I am convicted of a DUI, will I have to go to substance abuse treatment?

A conviction for DUI requires that a person go to a drug and alcohol screening.  Based on the results of the screening the person will be required to attend substance abuse education and possibly treatment. 

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The are several types of DUI offenses in Arizona.  An extreme DUI is based on the blood alcohol concentration (BAC) level of the person accused of DUI.  Specifically, if the person has a BAC above a .150 they will be charged with extreme DUI under § 28-1382 of the Arizona Revised Statutes. 

Some of the penalties for being convicted of an Extreme DUI charge include:

• Incarceration (a term of jail)
• Fines
• Installation of an Ignition Interlock Device
• Driver License Suspension
• Substance Abuse Screening and any recommended treatment

The minimum jail term has been 30 days with up to 20 days suspended if the person complied with the recommended treatment resulting from the mandatory drug and alcohol screening.  Simply out, the judge could reduce your sentence to 10 days.  However, the Arizona Extreme DUI laws are changing in the near future.  The legislature has amened the extreme DUI statute removing the ability of judges to do the following:

1) suspend all but 10 days of first offense extreme DUI sentences. Thus, offenders must serve a full 30 day term of jail.

2) suspend all but 60 days of second offense extreme DUI sentences. Thus, offenders must serve a full 120 day term of jail.

The date of the offense will determine which penalties a person is facing. Moreover, the above stated penalties are for offender whose BAC level was between .150 and below .200. A person with a BAC of .200 or above will be facing even more punitive jail terms.

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