Category Archives: DUI Lawyer

Arizona law says it is an illegal act for a person to be in actual physical control or to drive a motorized vehicle when they are under the influence of a vapor releaser containing a substance that is toxic, a drug, or an intoxicating liquor, or indeed, a combination of the above.

A.R.S. §28-1381 defines drunk driving laws in the state of Arizona and they forbid driving when you are under the influence of an intoxicant or when the vehicle operator is even slightly impaired. Arizona has a reputation for being one of the toughest DUI law states. Read on to learn what you can expect the penalties to include when a driver faces an initial DUI offense.

Penalties for A First DUI In Arizona

A person may be found guilty of DUI in Arizona when they have a Blood Alcohol Content in excess of 0.08% and are driving or are in control of a motor vehicle. They may can be charged with a DUI in circumstances where they are impaired by any number of drugs or alcohol. These include OTC medications as well as legal medications issued by prescription. These are a Class 1 misdemeanor and are subject to these penalties:

• A jail sentence of a minimum of twenty-four hours and a maximum up to and including six months. Technically, the minimum is ten days jail time but there is an option of having nine of those days suspended.
• A maximum of $2,500 in total fees and fines with a minimum of $250.
• From 90 up to 360 days of driver’s license suspension.
• An Ignition Interlock Device being installed
• Three years’ probation is a possibility.
• Community service hours is a possibility.
• Complete drug/alcohol assessment and perhaps adult education class attendance.

Criminal and Administrative Penalties for DUI

Arizona has what is known as Criminal Penalties as well as Administrative Penalties. Here is a breakdown of them:

• Administrative license suspension is applicable for 90 days for drivers arrested for a first offense. This must be dealt with as a part of your DUI defense.
• The driver may install an ignition interlock device it if an agreement can be met so their driver’s license can be retained.
• In Arizona, drivers following a DUI arrest are required to take part in substance and alcohol abuse screening processes.
• There is a seven-year lookback period for previous DUI convictions. This means a conviction will be on the record for seven years and will be considered if there are further DUI charges.
• Although there are likely to be additional costs for sentence completion, the surcharges, fees and fines amount to about $1,600.

Source: Brian Sloan. “Arizona DUI First Offense Consequences: Law Offices Brian Douglas Sloan.” Brian Sloan, https://www.arizdui.com/arizona-dui-defense/consequences-of-a-first-offense-dui-in-arizona/.

The average cost to hire a lawyer for a third or fourth DUI offense is about $7,300 with average lawyer fees ranging from $6,000 to $12,000 in the US for 2019 according to Lawyers.com. The average case duration is about 7.8 months but ranges from 5 to 12 months.

Do You Have Pending DUI Charges?

It is a very serious crime to be driving under the influence but never more so than when the driver already has two or more previous convictions – it becomes increasingly probable the driver will be looking at a prison sentence! A recent survey of people convicted for DUI on two occasions (or more) was based around what happened when they were arrested for DUI once more with the purpose of discovering the duration, costs and outcomes for defendants with a history of multiple DUI convictions.

What’s The Likely Outcome Of A Third or Fourth DUI?

Of the respondents to the survey, thirty-three percent wound up with a DUI conviction that constituted a felony and more than half now carry the burden of a DUI conviction that is a misdemeanor and just over five percent pleaded no contest or not guilty to a lesser charge. The other five percent saw their charges dismissed or did not end up facing criminal charges primarily because of a low blood alcohol content reading. Those respondents convicted for the third or fourth time had around a fifty percent chance of being sent to prison. A similar fifty percent stated they had to have ignition interlock devices installed in their cars as well.

How Much Does A Third Or Fourth DUI Cost?

When averaged out from the respondents answers, the average mean cost was $7,300 – included in this were court ordered fines averaging $1,600, the same amount again for increased insurance premiums not to mention additional costs such as ignition interlock devices, bail costs, alcohol education courses and expenses and criminal defense attorney’s fees. Average attorney expenses and fees figured out at $2,700 but the price escalated when private DUI lawyers were hired to a mean of $4,000. However, it is very important to get an attorney as soon as you can. The total average cost does not include income lost by a defendant and fifty percent of the respondents said they had greater income loss than for their first DUI offense.

How Long Does a Third or Fourth DUI Take to Resolve?

From the moment our respondents were arrested to the time for everything to be finalized, the average time was 7.8 months. This was 2.5 months longer than first time DUI offenses.

Talk To A Lawyer

Understand this survey can in no possible way indicate what will happen in your individual circumstances. There are many other factors that will determine the outcome. That is why it is so important to consult with a criminal defense lawyer who knows the local DUI laws and understands the possible defenses that can be used as well as the penalties that may be incurred.

The average cost to hire a lawyer for a 2^nd DUI offense is about $6,600 with average lawyer fees ranging from $5,000 to $10,000 in the US for 2019 according to Lawyers.com. The average case duration took 7.6 months with time frames ranging from 5 to 12 months. A recent nationwide survey evaluated the duration, cost and the results for defendants facing a DUI case when they already have prior convictions for the same offense. In this post, you can learn what was discovered.

Second DUI Outcomes

Most people who responded to the survey that were arrested for a 2^nd DUI offence was ultimately convicted for a downgraded charge, for instance, “wet reckless” or reckless driving. When you look at the figures just over seventy percent for misdemeanor DUI, just over ten percent ended up with a DUI conviction that counted as a felony and a little over five percent made a plea of guilty (or no contest) to a lesser charge brought before them. In addition, just over ten percent did not face charges of a criminal nature or the charges were dismissed by the court in cases where the BAC (Blood Alcohol Contact) was negligible. When making a comparison to a first time DUI offense, the individuals arrested for DUI when they already had one conviction in the past were convicted thirty-three percent more often.

Penalties For Second DUI

For those committing a DUI for the second time the most common penalties were treatment or alcohol education. Nearly three-quarters of the people who were surveyed were sentenced to such courses. Also, commonplace were ignition interlock devices and probation. Most second time offenders did not have to spend time in jail, but twenty four percent did versus nineteen percent for first time offenders. Of those found guilty for a second time just over forty percent were forced to install ignition interlock devices – whereas first time offenders had to do this a little under twenty percent of the time.

How Much Does A Second DUI Cost?

Undoubtedly, second time DUI offenses are taken most seriously by judges and prosecutors. The costs averaged $6,500 including expenses, attorney fees, the hike in insurance premiums, alcohol education, bail costs, traffic school costs and more (not to mention income lost during the process.) That said, the costs for a second DUI are remarkably like the costs for an initial DUI. But when looking at third and fourth DUI offenses, the costs start escalating very quickly indeed. It is important to assemble the correct information for all aspects of your case and what it will take to reobtain a provisional drivers license.

How Long Does A Second Offense DUI Take To Resolve?

The average time was 7.6 months from the initial arrest for those in our survey with a repeat DUI. However, there are many different factors to consider and the time may be shorter or longer. This is why it is so important to work with criminal defense lawyer who understands the nature of local DUI cases, so they can guide you through the process in the most efficient way possible.

Source:

Lawyers.com, https://www.lawyers.com/legal-info/criminal/dui-dwi/second-offense-dui-how-much-does-it-cost-and-what-are-the-penalties.html