Arizona DUI & DWI Charges

DUI / DWI Criminal Defense
More than 10 years of combined DUI prosecution and defense experience providing thorough, personal, one-on-one legal representation

If you, or someone you know has been charged with a DUI you may or may not be aware of the severe DUI laws and penalties now in effect for the State of Arizona. If you are facing a DUI charge you need to be informed – your rights are in jeopardy without an experienced attorney to help you through this process.

Below is a listing of types of DUI offenses and their penalties. The listed sentences are generally the minimum penalties, your prior record (whether driving related offenses or other types of prior criminal offenses) may impact the type of sentence you receive or that is recommended. In addition, your vehicle is subject to forfeiture depending on your blood alcohol level and/or the jurisdiction you are arrested in. Where you are arrested whether it be in Mesa, Phoenix, Surprise, Scottsdale, etc, also affects how your case is prosecuted.

In addition to the penalties listed below, the Motor Vehicles Division will take action on your license if you had a blood alcohol reading above a .08, or if you were considered by the law enforcement officer to have refused a blood or breath test.

Stewart Bergman is experienced with handling DUI offenses throughout Maricopa County and familiar with how the various prosecutorial agencies will handle your case. It is imperative that you contact Mr. Bergman or another experienced attorney to represent you on your DUI case. In addition to handling your criminal case, Mr. Bergman will guide you through the administrative process with the Department of Motor Vehicles. You generally have 15 days to request a hearing from the date of your arrest, so it is vital you contact the Bergman Law Office right away.

1st DUI Conviction: Impaired to the slightest degree or having an alcohol content of .08 or more within two hours of driving.

• Minimum of 10 days in jail, 9 of which can be suspended if you complete the required alcohol treatment and evaluation that is recommended.
• Fines and fees that total approximately $1500.
• If your arrest date was after September 19th 2007, a mandatory interlock ignition device for any DUI conviction (regardless of alcohol content) for at least 12 months.
• License suspension for 90 days. 30 of which you can not drive at all, 60 you can drive to and from work.
• Probation is possible up to five years.

Extreme DUI: Having an alcohol content of .15 or more within two hours of driving.

• 30 days in jail, 20 of which can be suspended if you complete the required alcohol treatment and evaluation that is recommended.
• Fines, fees and assessments which total approximately $2700. This does not include jail costs which can add up to hundreds more but and are waiveable in the judge’s discretion if your financial situation is such that this is warranted.
• A mandatory interlock ignition device for at least 12 months.
• License suspension for 90 days. 30 of which you can not drive at all, 60 you can drive to and from work.
• Probation is possible up to five years.

Super Extreme DUI: Blood alcohol of .200 or more within two hours of driving.

• 45 days in jail as a minimum.
• Fines, fees and assessments which total approximately $3200. This does not include jail costs which can add up to hundreds more but and are waiveable in the judge’s discretion if your financial situation is such that this is warranted.
• A mandatory interlock ignition device for at least 12 months.
• License suspension for 90 days. 30 of which you can not drive at all, 60 you can drive to and from work.
• Probation is possible up to five years.

2nd Offense Regular DUI Conviction: (.08 or more within two hours of driving or impaired to the slightest degree) within 84 months of a previous DUI conviction.

• 90 days in jail, 60 of which can be suspended if you complete the required alcohol treatment and evaluation that is recommended.
• Fines, fees and assessments which total approximately $3400. This does not include jail costs which can add up to hundreds more but and are waiveable in the judge’s discretion if your financial situation is such that this is warranted.
• License revocation for one year after which you will be required to install an ignition interlock device for at least 12 months following the revocation.
• Community service for a minimum of 30 hours.
• Probation is possible up to five years.

2nd Offense Extreme DUI Conviction: (.15 or more blood alcohol content within two hours of driving) within 84 months of a previous DUI conviction.

• 120 days in jail, 60 of which can be suspended if you complete the required alcohol treatment and evaluation that is recommended.
• Fines, fees and assessments which total approximately $3700. This does not include jail costs which can add up to hundreds more but and are waiveable in the judge’s discretion if your financial situation is such that this is warranted.
• License revocation for one year after which you will be required to install an ignition interlock device for at least 12 months following the revocation.
• Community Service for a minimum of 30 hours.
• Probation is possible up to five years.

2nd Offense Super Extreme DUI Conviction: (.200 or more blood alcohol content within two hours of driving) within 84 months of a previous DUI conviction.

• 180 days in jail, 90 of which must be served consecutively. The remaining balance of 90 days must be served but evidently not all of the remaining time has to be served consecutively.
• Fines, fees and assessments which total approximately $4500. This does not include jail costs which can add up to hundreds more but and are waiveable in the judge’s discretion if your financial situation is such that this is warranted.
• License revocation for one year after which you will be required to install an ignition interlock device for at least 12 months following the revocation.
• Community Service for a minimum of 30 hours.
• Probation is possible up to five years.

Felony DUI: There are generally two types of DUI offenses which are classified as felonies.

1. Having a child under 15 in your vehicle is a class 6 felony. The range of penalty for this offense ranges from a minimum of 10 days in jail all the way up to two years in prison. The sentence for this offense also is predicated on having no prior felony convictions, prior felonies can drastically alter the type of sentence one is facing - obviously for the worse.

   • Fines and fees for a class 6 DUI felony total approximately $4,600.
   • Probation is possible for up to 10 years.
   • License revocation for three years is imposed and an interlock ignition device is required after the revocation as well.

2. Driving while your license is suspended, cancelled or revoked OR having three or more DUI convictions within the previous 84 months are all class 4 felonies.

   The penalties are very severe and include the following:

   • You must serve a minimum of 4 months in prison before you are even eligible for probation. There is no work release or work furlough or suspension of this sentence. You may also be required to serve a prison term up to 3.75 years if there are aggravating circumstances that are plead and proven by the State.
   • Fines and fees for a class 4 DUI felony total approximately $4,600.
   • Probation is possible for up to 10 years.
   • License revocation for three years is imposed and an interlock ignition device is required after the revocation as well.
   • Any prior felonies could result in much more severe penalties than those listed above. It is important that an experienced attorney evaluate the type of prior felonies to see if they are validly allegeable, this depends on a number of factors including but not limited to the age of the prior conviction, the nature of the offense, if it is an out of state conviction, etc.