When you’re charged with a first offense DUI you usually have many questions. Will my license be suspended? Will this go on my record? Will I be able to get to work? Many people in the East Valley looking at a first offense DUI will look for a DUI Defense Lawyer in Tempe.
As the outcome depends on the test results, facts of the stop and outcome of the case, this article outlines the penalties that come with first offenses in Arizona, the process through the court system, and the impact of having your license suspended as well as the consequences of having a conviction.
What are the penalties for a first-time DUI in Arizona?
In Arizona there are minimum mandatory penalties that must be issued for a DUI. For a normal first offense DUI conviction you would receive:
- A minimum of 10 consecutive days in jail. The judge can suspend all but one day if you complete the required alcohol or drug screening, education or treatment
- Minimum fines. This includes $250, plus two separate $500 assessments and many other fees and surcharges
- You will be required to complete alcohol or drug screening and any further education or treatment
- Your vehicle will need an ignition interlock device if alcohol was involved
- Community restitution may be required. This is known as community service
If you have a high BAC level then the penalties increase. An extreme DUI (0.15+) and super extreme DUI (0.20+) will result in increased mandatory jail times and fines.
Two people may both be charged with a first offense DUI, but there are many factors that can impact how their case goes.
What happens when someone is charged with a first DUI in Arizona?
A first offense DUI will usually begin with an initial appearance. This is where the defendant is informed of the charges, given information about certain rights and told the conditions of their release. The next step is an arraignment where the defendant will enter a plea. However some courts will do these together.
Then during pretrial the prosecution will have to hand over its evidence. This includes police reports, breath or blood test results and any video. Both parties can make motions to ask the judge to rule on certain legal matters. Often in DUI cases the defense will make motions regarding the stop and collection of evidence.
Most DUI cases will be resolved without going to trial. If they do go to trial then the prosecution will need to prove all elements of the offense beyond a reasonable doubt. The length of time will depend on the court schedule, evidence and decisions made by both parties.
How does a first DUI affect a driver’s license?
A DUI is usually dealt with in two ways. The criminal case and a separate administrative case with Arizona MVD. The administrative case will deal purely with your license. This means the suspension does not wait for the court case to finish.
Generally for a first offense you will receive a minimum 90 day suspension. Often this will be 30 days with no driving, then 60 days with limited driving for work/school. If you refuse a requested test you will generally receive a 12 month suspension. You must make a request to dispute the suspension within 30 days of the notice.
An ignition interlock device will check your breath for alcohol content and may require further samples while driving. Depending on the offense you will need one for a certain amount of time. The MVD can advise you on how long you need one.
How can a first DUI affect a record and insurance?
A first offense DUI conviction can have a lasting impact. It can show up on background checks done by employers, landlords and licensing boards. If you drive for work, have a professional license or work in a regulated industry this can cause issues.
However in some cases Arizona allows people to apply at a later date to have the conviction set aside or record sealed. While it won’t remove what has happened it can be beneficial.
Most insurers will view a driver with a DUI as a higher risk. This usually means increased premiums. Generally Arizona also requires proof of insurance (often known as SR-22).
Key takeaways
- A first DUI in Arizona carries mandatory minimum penalties, including jail time, fines and an ignition interlock when alcohol is involved.
- The license process runs separately from the court case, and the deadline to request a hearing is 30 days from the notice.
- Effects on your record and insurance can last well after the case ends.
Talking to a Tempe DUI lawyer
As a first offense DUI can be dealt with in many different ways depending on the test results and facts of the stop, speaking to a DUI Defense Attorney in Tempe can help you understand what penalties you may face.
Disclaimer: This article is provided for educational and informational purposes only and is not legal advice. Criminal laws and procedures can vary by case and under applicable Arizona law, and they may change over time.
