Do You Need a Misdemeanor DUI Legal Defense in Tempe?

First and second offenses of driving under the influence (DUI) are typically a misdemeanor. Any charge associated with a DUI misdemeanor charge will be heard in a city or county justice court. The penalties for a misdemeanor DUI will vary based on whether the charge is a first offense or a second offense within seven years and the blood alcohol content (BAC).

 

First Offense DUI Class 1 Misdemeanors

  • DUI (Blood Alcohol Content below 0.15 percent): This crime comes with a minimum sentence of 10 days in jail; however, 9 of these days may be suspended with the completion of a mandatory alcohol screening and recommended classes. The minimum fine, assessment and surcharges for this offense is around $1,500. The courts will also charge for the cost of the jail time. Unless the driver refused to take a chemical test, the operator’s license will be completely suspended for a period of 30 days, after which the driving privileges will be restricted to traveling to, for and from work and school for an additional period 60 days after the required completion of the alcohol and drug screening. Once the license is reinstated, there is a requirement to install a mandatory ignition interlock installed on the driver’s vehicle for a period of one year. This is an additional expense beyond what is paid to the court. The maximum sentence is 6 months in jail.
  • Extreme DUI (Blood Alcohol Content between 0.15 percent and 0.199 percent): This crime comes with a minimum sentence of 30 days in jail; however, 21 of these days may be suspended with the installation of a mandatory completion of a mandatory ignition interlock device for a period of one year. After the first 20% of the jail sentence is served, the driver may be eligible for release on home detention. A mandatory alcohol screening and completion of the recommended classes is required.  The minimum fine, assessment and surcharges for this offense is around $2,800. The courts will also charge for the cost of the jail time. Unless the driver refused to take a chemical test, the operator’s license will be completely suspended for a period of 30 days, after which the driving privileges will be restricted to traveling to, for and from work and school for an additional period 60 days after the required completion of the alcohol and drug screening. Once the license is reinstated, there is a requirement to install a mandatory ignition interlock installed on the driver’s vehicle for a period of one year. This is an additional expense beyond what is paid to the court.  The maximum sentence is 6 months in jail.
  • Super Extreme DUI (Blood Alcohol Content 0.20% or higher): This crime comes with a minimum sentence of 45 days in jail; however, 31 of these days may be suspended with the installation of a mandatory completion of a mandatory ignition interlock device for a period of one year. After the first 20% of the jail sentence is served, the driver may be eligible for release on home detention. A mandatory alcohol screening and completion of the recommended classes is required.  The minimum fine, assessment and surcharges for this offense is around $3,200. The courts will also charge for the cost of the jail time. Unless the driver refused to take a chemical test, the operator’s license will be completely suspended for a period of 30 days, after which the driving privileges will be restricted to traveling to, for and from work and school for an additional period 60 days after the required completion of the alcohol and drug screening. Once your license is reinstated, there is a requirement to install a mandatory ignition interlock installed on the driver’s vehicle for a period of 18 months. This is an additional expense beyond what is paid to the court.  The maximum sentence is 6 months in jail.

 

A Second Offense Misdemeanor DUI Within 72 Months of Your First Class 1 Misdemeanor Conviction

  • DUI (Blood Alcohol Content below 0.15 percent): This crime comes with a minimum sentence of 90 days in jail; however, 60 of these days may be suspended with the completion of a mandatory alcohol screening and recommended classes. After the first 20% of the jail sentence is served, the driver may be eligible for release on home detention. There is a requirement of 30 hours of community restitution, which is the punitive term for community service.  The minimum fine, assessment and surcharges for this offense is around $3,500. The courts will also charge for the cost of the jail time. The operator’s license will be completely suspended by the Arizona Motor Vehicle Department for a period of 1 year, although the driver is eligible  after a period of 45 days to get a restricted ignition interlock device in order to travel to for and from work and school. Once the license is reinstated, there is an additional requirement to install a mandatory ignition interlock on the driver’s vehicle for a period of one year. The device is an additional expense beyond what is paid to the court.  The maximum sentence is 6 months in jail.
  • Extreme DUI (Blood Alcohol Content between 0.15 percent and 0.199 percent): This crime comes with a minimum sentence of 120 days in jail. Sixty of those days must be consecutive.  After the first 20% of the jail sentence is served, the driver may be eligible for release on home detention. There is a requirement of 30 hours of community restitution, which is the punitive term for community service.  The minimum fine, assessment and surcharges for this offense is around $3,700. The courts will also charge for the cost of the jail time. The operator’s license will be completely suspended by the Arizona Motor Vehicle Department for a period of 1 year, although the driver is eligible  after a period of 45 days to get a restricted ignition interlock device in order to travel to, for and from work and school. Once the license is reinstated, there is an additional requirement to install a mandatory ignition interlock on the driver’s vehicle for a period of one year. The device is an additional expense beyond what is paid to the court.  The maximum sentence is 6 months in jail.
  • Super Extreme DUI (Blood Alcohol Content 0.20% or higher): This crime comes with a minimum sentence of 180 days in jail. Ninety of those days must be consecutive. After the first 20% of the jail sentence is served, the driver may be eligible for release on home detention. There is a requirement of 30 hours of community restitution, which is the punitive term for community service.  The minimum fine, assessment and surcharges for this offense is around $4,600. The courts will also charge for the cost of the jail time. The operator’s license will be completely suspended by the Arizona Motor Vehicle Department for a period of 1 year, although the driver is eligible  after a period of 45 days to get a restricted ignition interlock device in order to travel to, for and from work and school. Once the license is reinstated, there is an additional requirement to install a mandatory ignition interlock on the driver’s vehicle for a period of two years. The device is an additional expense beyond what is paid to the court.  The maximum sentence is 6 months in jail.

 

As you can see, DUI charges are serious, which require an experienced and affordable DUI attorney in Tempe. Robert A. Dodell, Attorney at Law, can assist you through this charge. Robert personally handles his cases and even answers his own telephone. Contact Robert A. Dodell, Attorney at Law, at 480-860-4321 or email him today for a free initial consultation.