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The Law Offices of Stephanie K. Bond, PC |
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Frequently Asked Questions about DUI Charges
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Typical Types of Arizona DUI Charges For example: If a driver submits to a chemical test which results in an alcohol concentration of .15 or
more, he/she will be charged with three (3) offenses: The majority of DUI cases are
a first offense by a person who had a valid driver's license at the time of the offense. If you have a prior DUI conviction or if your driver's license was suspended, revoked, cancelled,
refused, or restricted at the time of the alleged DUI offense, you might be facing more serious charges than the first time
DUI offender. If convicted of a first offense DUI, there is a minimum mandatory
jail requirement of one to forty-five days with a maximum jail term of six months. If your alcohol content is below a 0.15%,
the law requires a minimum jail sentence of 24 hours. If your alcohol content is above a 0.15%, the law requires a minimum
jail sentence of 10 days (commonly referred to as an “extreme DUI”). If your alcohol content is above a 0.20%,
the law requires a minimum jail sentence of 45 days (commonly referred to as a “Super Extreme DUI”). You can also be fined from $250.00 to $2,500.00 plus surcharges and placed on probation for
up to five years. In addition to fines, a person must pay $500.00 or $1500.00 to the prison construction fund pursuant to
A.R.S. §28-1383 (J)(4)) and $500.00 or $1500.00 to the State Treasury Fund pursuant to A.R.S. §28-1383 (J)(5). A new law now also requires a person who is convicted of a first offense DUI to install and
maintain a vehicle interlock device on all personal vehicles they drive for a period of at least one year following the restoration
of their driver's license. A second DUI conviction within seven years also
requires a minimum one-year driver's license revocation. Revocation is more serious than suspension. To become a valid driver
in Arizona after a revocation, you must reapply for your license and be approved. You can also be fined from $750.00 to $2,500.00 plus surcharges and placed on probation for up to five years. In
addition to fines, a person must pay $1500.00 to the prison construction fund pursuant to A.R.S. §28-1383 (J)(4)) and
$1500.00 to the State Treasury Fund pursuant to A.R.S. §28-1383 (J)(5). The
law also requires a person who is convicted of a second offense DUI to install and maintain a vehicle interlock device on
all personal vehicles they drive for a period of at least one year following the restoration of their driver's license. An Aggravated DUI
conviction also requires a mandatory minimum three year driver's license revocation. The Ignition Interlock Device is required
upon conviction for at least one year and it is also possible that the vehicle used may be subject to forfeiture to the State
of Arizona. The law requires a mandatory prison term upon conviction and work release is not allowed. County jail is not available
under law and the presumptive prison term is two and one-half years. The minimum mandatory prison term is four months to be
followed by a term of supervised probation. An Aggravated DUI conviction
also requires a mandatory minimum three year driver's license revocation. The Ignition Interlock Device is
required upon conviction for at least one year and it is also possible that the vehicle used may be subject to forfeiture
to the State of Arizona. Aggravated DUI with a Child Under Age 15 in the Vehicle In
this type of Aggravated DUI, the lawyers for the State of Arizona will normally file felony charges, and will file a separate
felony charge for each child in the vehicle if there was more than one. A
Class 6 Felony carries a presumptive one-year prison sentence in the Department of Corrections, with a mitigated sentence
of six months and an aggravated sentence of 1.5 years. A Class 6 Felony Aggravated DUI does not carry a minimum jail term
other than the normal DUI minimum sentences. A Class 6 Felony Aggravated
DUI conviction also requires a minimum three year driver's license revocation that will not be reinstated without an application
to and approval by the M.V.D. The Ignition Interlock Device is also required upon conviction for at least one year.
At your appointment, bring your citation with
your Blood Alcohol Content. At your evaluation, you will be evaluated Level II or Level I. Level II means you have to take
16 hours of education. Level I means you have to take the 16 hours of education and 20 hours or more of counseling. The evaluator
will give you a list of agencies where you can do your counseling or education. The prices can be as low as $200.00 and as
high as $400.00, so look over the list. Criteria you might want to consider in selecting an agency
include cost, session times, and location. You have the right to pick any State Licensed Agency you want. The evaluator may
not tell you where to go unless you have a probation officer that wants you to go to a specific agency. The court will typically
give you five (5) days from your evaluation to contact your selected agency.
Arraignment In felony cases, a person must appear at their arraignment regardless of whether or not
they have an attorney. At the hearing a person is informed of the charges and a plea of not guilty is entered. Typically, the Judge will not decide any release issues, such as whether or not the bond amount will be increased
or decreased. Police reports are usually given to the defense attorney after arraignment. Preliminary
Hearing Pre-Trial Conference or Case
Management Conference At the pretrial conference/case management conference, attorneys negotiate with the prosecuting attorney in order
to obtain the best possible "deal" or plea for the defendant. The State is not required to offer a plea deal, but
if one is offered, the defense attorney is required to discuss the deal with the client. It is then solely the client’s
choice to accept or reject the plea. A "plea deal" might include a person agreeing to a lesser charge and/or lesser
punishment and/or the number of charges may be dropped and/or alternative sentencing may be imposed. Defense
attorneys may also file Pre-Trial Motions at or before the court hearing, which may assist in dismissing charges or changing
the prosecution's position. Evidentiary Hearing Trial First, a jury will be selected. During jury selection, the judge, the prosecutor, and the
defense attorneys will ask the prospective jurors a series of questions designed to reveal strong biases, either for or against
either side. After those people with strong biases have been removed from the jury panel, the prosecutor and the defense attorneys
will have the right to remove a set amount of people from the remaining panel to reach the required amount of jurors. Second, the prosecutor and then the defendant’s attorneys will present opening statements to the jury outlining
each side’s theory of the case and what they feel the evidence will show. Next, the prosecutor
must introduce evidence in the form of testimony or exhibits to prove the charges. For each prosecution witness, the prosecutor
will first ask questions of the witness and then the defense attorney will cross-examine that witness. After the prosecutor has presented all of their evidence, the defendant’s attorneys may or may not present
evidence in defense of the defendant. A defendant may testify, but under no obligation whatsoever to either testify or produce
any witnesses. After the conclusion of the defendant’s presentation of evidence, the prosecutor
is allowed to present additional evidence to rebut any evidence presented by the defense. After
all of the evidence is presented by both sides, the prosecutor and the defense attorney make their closing arguments. Thereafter,
the jury will deliberate and issue its decision. If a person is found guilty of any charges,
the judge will proceed with sentencing. |
What to do if you are stopped for DUI in Arizona:
Driver’s License Suspension A person will be granted a restricted permit to be used for work, school and
medical reasons for the last 60 days of the 90-day suspension if the driver did not cause serious physical injury to another
person, has not been convicted of a prior drinking and driving charge in the past 7 years, and has not had his/her privilege
to drive suspended for a prior drinking and drinking charge. Contesting an MVD Suspension If summary review is requested, the driver submits a written
argument as to why his/her driving privilege should not be suspended. The driving privilege will remain in effect for at least
twenty days from the date of the request. The documents will be reviewed without a hearing and the driver will be notified
of the decision within twenty days of the request. If
a hearing is requested, the suspension is stayed and the driver is considered to have a valid license at least until the day
of the hearing. An M.V.D. Hearing is a separate process than the criminal case. If the driver refused to successfully complete a test of his or her breath, blood, urine or other
bodily substance and a hearing is requested within 15 days, then the State must prove that the officer had reasonable grounds
to believe that the person charged was driving a vehicle while under the influence; that the person was placed under arrest;
that he/she was informed of the consequences of refusal; and that he/she refused to submit to the test(s). At a hearing in a non-refusal case, the State must prove
that the officer had reasonable grounds to believe the person was driving a vehicle while under the influence; that the person
was placed under arrest; that a valid and reliable test was completed and it indicated a result of .08 or more for a non-commercial
license, or .04 or more for a commercial license while driving a commercial vehicle; and that the result was accurately evaluated.
Reinstating Your Driving Privileges If a driver’s license is not properly reinstated, a driver may suffer stiffer penalties
should the driver commit another driving offense while his/her license is still considered suspended.
Work
release is not available if you are convicted of Aggravated DUI. However, sometimes a plea to a lesser charge can be negotiated
that permits work release.
Questions about
the "Ignition Interlock Device (IID)"
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