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ARS 28-1383

First Offense Extreme DUI Misdemeanor Penalties in Arizona

In the State of Arizona any DUI with a blood alcohol content (BAC) of .150 to .199 is an Extreme DUI (A.R.S. §28-1382). The Extreme DUI charge will be considered a first offense, assuming you don’t have any prior DUI convictions in the last 7 years.

Are you looking for something different? Here are the links for 2nd Offense Extreme DUI and 3rd Offense Extreme DUI in Arizona.

Here’s a short video of David explaining the punishments for 1st Offense Extreme DUI in Arizona:

The consequences of a First Offense Extreme DUI is 30 days in jail, although 21 days can be suspended if you install an ignition interlock device. If not, the 30 days in jail will cost you $2,500. The fines and surcharges are $2,787, and the screening for substance abuse classes is $50. The court can give you between 16 and 36 hours, but it is almost always 36 hours, and the costs are $585. You will also lose your license for a minimum of three months, and when your license is reinstated you will need to get an ignition interlock device if you haven’t already, which you have to blow into every time you start your car and every fifteen minutes thereafter. That costs $1,000 to $1,200, and you have to take the device in every 90 days so the data can be downloaded and analyzed to ensure you have not been driving with alcohol in your system.

You will also need to maintain an SR-22 insurance policy, which is a special type of high-risk insurance where the insurance company contacts the DMV should your insurance lapse at any time. The SR-22 insurance costs $500 per year, and you need to maintain it for three years, totaling $1,500. In addition to that, your insurance will go up $3,000 per year for the next three year – that’s another $9,000.

After receiving a First Offense Extreme DUI if you simply avoid driving and take public transportation, you will still have to pay $7,122 to the government and state agencies. If you decide to continue to drive once your license has been reinstated, you will have to pay a total of approximately $17,622 over three years.

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If you have a CDL, or commercial driver’s license, you’ll lose it. If you’re a doctor, nurse, pilot, lawyer, have a real estate license, an SEC license, government, military – it’s going to affect your job, especially if you do outside sales. For insight into how DM Cantor can help you, browse the victory section on our website, DMCantor.com, to see how our firm gets cases dismissed completely or reduced from an extreme DUI to a regular DUI, which saves thousands of dollars and 29 days in jail. In some cases, extreme DUIs can be reduced to reckless driving, which requires just a fine.

Hiring a lawyer to defend a First Offense Extreme DUI charge is crucial, because you don’t want to end up subjected to this harsh punishment:

  • 30 days in jail: $2,500
  • DUI Fines: $2,787
  • Requirement to install an ignition interlock system: $1,200
  • Alcohol Screening: $50
  • Up to 36 hours of alcohol education classes: $585
  • SR-22 Policy $500 per year: $1,500
  • Increase Car Insurance Premiums $3,000 per year: $9,000

If you choose to legally drive after a conviction for a First Offense Misdemeanor Extreme DUI then you are looking at approximately $17,622 in costs associated with the sentence.

If you are faced with these circumstances please give our office a call at (602) 307-0808 to get a Free Case Review. We’re also available 24 hours a day via answering service or by using our secure web form.


Second Offense Felony Aggravated DUI Penalties in Arizona

An Aggravated DUI (driving under the influence) is charged as a felony in Arizona if it is your third such offense within seven years, or your license has already been revoked or suspended at the time you were stopped for DUI. A second offense Aggravated DUI occurs if you are picked up on a drunk driving charge and you have any prior felony. It does not have to be a DUI felony and it could have happened 20 years ago.

Watch this short video where David Cantor explains the punishment for a 2nd Offense Felony DUI in Arizona:

A second offense Aggravated DUI is a very serious offense in Arizona. Like child molestation, such a charge is “forever allegeable.” That means a conviction for aggravated DUI can be forever used against you and could be cited as “prior felony conviction” if you are once again charged with any felony.

A conviction of second offense Aggravated DUI in the State of Arizona can mean: 2.5 to 7.5 years in PRISON. You will lose your driver’s license for at least 3 years. In addition, if you decide to regain your license after three-year suspension, you must install an ignition interlock device for a two-year span at a cost of $2,000 – $2,400 to you. This device hooks onto the steering wheel, and you must blow into it in order to start your car. You also have to blow into it every 15 minutes to keep the car running. Every 90 days, you are required to take your car to have the interlock device tested to determine if you have been drinking and driving during that period.

Your car insurance provider will require an SR-22 policy in order to insure you, and that will cost $500 per year for a total of $1,500 over 3 years. Your auto insurance costs after an Aggravated DUI will increase at least $3,000 per year (for 3 years) for a total increase of $9,000. In addition, if you have a professional license, a gun license, or military job, you will lose it. You will even lose the right to vote.

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Let’s review the consequences of a conviction for a 2nd Offense Felony Aggravated DUI in Arizona:

  • 2.25 to 7.5 years in PRISON, 4 years in Prison is the average sentence
  • Driver’s License Revocation 3 years
  • Interlock Ignition Device: $2,400
  • SR-22 Insurance Policy $500 per year for 3 years: $1,500
  • Car Insurance Policy increase $3,000 per year for 3 years: $9,000

An Aggravated DUI is a very serious charge in the State of Arizona. If you or a loved one is facing these charges, give us a call at (602) 307-0808. We may be able to reduce the charge to a first offense DUI, which means less jail time, shorter loss of license, and fewer penalty costs. View our DUI Case victories to see a sampling of the results we’ve gotten for our clients. Call or email us for a free evaluation of your case today.

Click one of the following links for more information on different DUI charges: First Offense Aggravated DUI, First Offense Super Extreme DUI, Second Offense Super Extreme DUI, First Offense Misdemeanor DUI, Second Offense Misdemeanor DUI, Third Offense DUI.


Second Offense Super Extreme DUI Misdemeanor Penalties in Arizona

In this short video, David Cantor explains 2nd Offense Super Extreme DUI Penalties in Arizona:

What is a Super Extreme DUI? Technically, in Arizona, we have an Extreme DUI, which is Blood Alcohol Content (BAC) of .15 up to .199, but there’s an enhancement provision in the statute: if you have a .20 BAC or above, according to A.R.S. §28-1382(D)(1) that’s called a Super Extreme DUI. Additionally, if you have a DUI with .20 BAC or higher, and you have one prior DUI in the last seven years, then you are subject to these following consequences and mandatory minimum penalties:

  • You’ll be facing 6 months in jail. That’s 180 days in jail with none of them suspended, meaning you have to serve every one of those days. The jail costs will be $14,500, and the fine and surcharge on top of that will be $4,649.
  • You will be required to do a substance abuse screening, and whatever classes they recommend. It is $50 for the screening. The 36 classes are the minimum, and they cost $585.
  • As far as the license suspension, you’ll get a one year license suspension, and then for the next two years after you get your license back, you’ll be required to have an ignition interlock device on your steering wheel, which will run $2,000 to $2,400 over that 2 years. Now, what is this device? It’s a breath testing device that you have to blow into on your steering wheel to start your car, and every 15 minutes after it’s running, you have to blow into it again to keep it running. Then, every 90 days, you’ll have to take it down and get it tested. They will download the chip to make sure that you haven’t been driving with alcohol in your system.
  • On top of all of that, your increased insurance costs will be $3,000 a year higher than it is now for the next 3 years, so that’s $9,000 in increased insurance costs. And the SR22 requirement, which is a reporting provision, where the insurance company will tell the DMV if you don’t maintain insurance. This will run you $500 a year, or $1,500 over your next 3 years.
  • Lastly, they will require you do 30 hours of community service.

So, if you are stopped and convicted of your Second Offense Super Extreme DUI A.R.S. §28-1382(D)(1), then served your 6 months jail time, paid your $14,500 in jail costs and another $4,600 in fines, and said “I will just take the bus,” it will still cost you $21,684 over the next 3 years. And if you do want to drive and decide to get insurance, add $9,000 on top of that. Now you’re up to $30,000, this is very serious stuff! Other repercussions: if you have a CDL, it will be gone, if you’re a doctor, nurse, pilot, lawyer, if you have a real estate license, if you’re a government or military, you will probably lose your job, lose your clearance, and lose your professional status.

Please visit our Case Victories section and you’ll see that we’ve handled thousands of these and many times we can prevent admission of the prior conviction, which means 180 days drops down to 45 days. Not only blow up the prior, but potentially reduce a super extreme or an extreme DUI to a regular DUI. Now jail time drops all the way down to 1 day in jail. Our firm has done this numerous times. So, if this applies to you, or a loved one, go to our site, fill out a contact form or give us a call at (602) 307-0808 and we will set-up a free initial consultation with you. Give us a call and we’ll take good care of you.

 

 


A.R.S. §28-1382 – Super Extreme DUI Arizona: 1st Offense Penalties

Driving under the influence is a dangerous thing to do, especially if the person driving is extremely drunk. If you or someone you know lives in Arizona, it’s a good idea to research the consequences of a first offense super extreme DUI (A.R.S. §28-1382) before anyone does something they’ll regret.

Watch this short video of David Cantor explaining the First Super Extreme DUI Penalties:

Super Extreme DUI: Penalties

What are the penalties for a Super Extreme DUI in Arizona? First, a DUI is considered “super extreme” if the blood alcohol content of a driver is 0.20 or more. If you get convicted of a super extreme DUI and have not had any other DUI convictions within the last seven years, you’re mandatory minimum sentence will be 45 days in jail. You’ll also have to pay back jail costs of at least $3,750 and additional fines of $3,244. You will then have to pay $50 to have a substance abuse screening, plus another $585 so you can take 36 alcohol abuse classes.

For three months after you’re convicted, you won’t be able to drive. Once you get your license back, you’ll have to have an ignition interlock device hooked up to your car, which can cost anywhere from $1,500 to $1,800. This means you’ll have to do a breath test every time you start your car and in 15 minute intervals if you’re driving for longer than a quarter of an hour. An SR22 policy is also required. You’ll have to pay a $500 fee every year for three years (for a total of $1,500) so your insurance agency can contact the DMV if you somehow stop being insured. Speaking of insurance, yours will go up $3,000 for each of the next three years because of your conviction (for a total of $9,000!).

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A lot of these fees are only applicable if you decide you want to drive after you get your license back. If you decide to forego driving for a few years, you will still owe $9,429 for your DUI. It’ll be much more if you decide to own and insure a car – $19,929.

The State of Arizona is very strict when it comes to driving under the influence. Even if you think you’re capable to drive, just remember that $20 for a taxi is much better than paying the state and your insurance company $20,000(!!) once you are convicted of a DUI in Arizona.

The only way to reduce the fines and penalties is to fight the DUI with the help of a DUI Defense lawyer. To get a Free Consultation for a Super Extreme DUI in Arizona, call the Law Offices of David Michael Cantor at (602) 307-0808 or send us an email. Our offices are available 24 hours a day.

Click here, to view our DUI Case Victories.

 

 


DUI Attorney Arizona Gets DUI Case Dismissed Due to a Miranda Rights Violation

According to court records, DUI Attorney Arizona David Michael Cantor’s office was able to convince a Globe Regional Justice Court judge to dismiss a DUI case due to the officer’s improper reading of the clients Miranda rights.

In the case of State v. Gaona (Globe Regional Justice Court Case No. TR2008002096) Gaona was arrested for an alleged DUI violation. Gaona’s original stop was due to his license plate light being burned out. He participated in only one field sobriety test, on which he performed well, and the officer administered an eye test, which he was not certified to administer. Gaona was arrested and was not told that he had the Constitutional right to speak to an attorney, which is standard in all Miranda rights readings.

At the hearing the officer never identified Gaona in court as the person who he had stopped. When the State was finished presenting their evidence, an associate of DUI Attorney Arizona David Michael Cantor made a Motion to Dismiss the case based on lack of identification and improper administration of Miranda rights. The judge agreed and the entire case was dismissed.

“This is why it is important to make sure that the prosecutors and the police officers check every single box when dealing with a defendant’s rights,” said Arizona DUI Attorney David Cantor. “In this case they failed to do so and as a result we were able to get Mr. Gaona’s case dismissed.”

The Law Offices of David Michael Cantor enjoy an excellent reputation as DUI Attorneys in Arizona, and throughout the Legal Community because of their aggressiveness, integrity, honesty, and professionalism. For more information about DM Cantor visit DUI Attorney Arizona.

About DM Cantor

DM Cantor feature criminal defense attorneys in Arizona who are ready to represent you. As Arizona’s premier defense lawyer, David Michael Cantor defends DUI/ DWI cases, vehicular crimes, homicide, drug and sex offenses, white collar and property crimes. David Michael Cantor is AV Rated – the highest rating possible – and was voted a Top 100 trial lawyer. David Michael Cantor has been interviewed and has appeared on Inside Edition, the CBS Morning Show, Good Morning America, CNN Prime News, Hannitty and Combs, and every local news channel including Univision. In addition, his cases have been covered by CNN, MSNBC, and even Howard Stern.


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