Gordon & Gordon Attorneys at Law P.L.L.C.                                                                          Cottonwood  (928)  649-8609
                                                                                                                                                                              
Prescott (928)  717-4447
                                                                                                                                                                              Flagstaff (928)  214-8610
                                                                                                                                

DUI/DWI

 DUI


DUI Penalties - Class One Misdemeanor

Minimum Sentence

Maximum Sentence

1 to 10 Days Jail
Alcohol Screening and Counseling
$250 Fine Plus Surcharges
$500 Prison Construction Fee
90 Days to a 1 year Suspension of Drivers License
*Ignition interlock device

6 Months Jail
Alcohol Screening and Counseling
$2500 Fine Plus Surcharges
$500 Prison Construction Fee
90 Days to a 1 year Suspension of Drivers License
*Ignition interlock device


Extreme DUI Penalties - Class One Misdemeanor

Minimum Sentence

Maximum Sentence

10 to 30 Days Jail
Alcohol Screening and Counseling
$250 Fine Plus Surcharges
$250 DUI Abatement Fee
$1000 Prison Construction Fee
90 Days to a 1 year Suspension of Drivers License
*Ignition interlock device

6 Months Jail
Alcohol Screening and Counseling
$2500 Fine Plus Surcharges
$250 DUI Abatement Fee
$1000 Prison Construction Fee
90 Days to a 1 year Suspension of Drivers License
*Ignition interlock device


Second Conviction DUI Penalties - Class One Misdemeanor
If convicted within 7 years of first DUI

Minimum Sentence

Maximum Sentence

30 to 90 Days Jail
Alcohol Screening and Counseling
$500 Fine Plus Surcharges
$1250 Prison Construction Fee
1 year Revocation of Drivers License
*Ignition interlock device

6 Months Jail
Alcohol Screening and Counseling
$2500 Fine Plus Surcharges
$1250 Prison Construction Fee
1 year Revocation of Drivers License
*Ignition interlock device


Second Conviction Extreme DUI Penalties - Class One Misdemeanor
If convicted within 7 years of first DUI/DWI

Minimum Sentence

Maximum Sentence

60 to 120 Days Jail
Alcohol Screening and Counseling
$500 Fine Plus Surcharges
$250 Abatement Fee
$1250 Prison Construction Fee
1 year Revocation of Drivers License
*Ignition interlock device

6 Months Jail
Alcohol Screening and Counseling
$2500 Fine Plus Surcharges
$250 Abatement Fee
$1250 Prison Construction Fee
1 year Revocation of Drivers License
*Ignition interlock device

*Ignition Interlock - The installation of an ignition interlock device is mandatory for repeat offense and extreme DUI convictions in Arizona. To start your car you must blow into the device. If the ignition interlock device registers alcohol on your breath, your lights will flash, your horn will honk and your car will not start. Many models require you to hum while blowing so that the machine can determine if someone else is blowing into the device. In this scenario, the machine will not work and your car will car will not start.

 

IF STOPPED FOR DUI you have certain rights that you are entitled to. 

You have the right to remain silent.

If you are being investigated or have been stopped by the police you have the right to remain silent. Arizona DUI law does not require you to answer any questions. If stopped, present the police officer with your driver's license, proof of insurance and registration. Do not answer any other questions and do not admit to anything. You may be pressured into speaking; however, you should resist answering questions that may be used against you later in court. This is an important first step in your DUI defense. Remaining silent is your constitutional right and was established to protect you from being forced to testify against yourself.


You have the right to an attorney

If you are stopped by police, immediately request a confidential call with an attorney. Arizona DUI law gives you the right to consult with an attorney before you choose to submit to any chemical test (breath or blood) as long as it does not delay the investigation.  Refuse to take any Eye or Physical Tests.

You may be asked to submit to a variety of field sobriety tests or an HGN eye test. These tests are not required by Arizona DUI law and are not always accurate, which is why we suggest you decline. The results of the test are left to the discretion of the police officer who is administering the test unlike a blood or breath test which is determined by objective analysis.

FOLLOW THESE STEPS

  1. Invoke your 5th amendment right to remain silent and refuse to answer any questions.
  2. Provide a copy of your license, registration and insurance information.
  3. Refuse to do any eye or physical tests.
  4. Immediately demand a confidential phone call with an attorney.
  5. Submit to a blood/breath test after a confidential phone call with an attorney.
  6. Request that the police preserve a blood/breath test for independent testing.
  7. Demand to be immediately released for an independent test.

Arizona Breathalyzer

Alcohol intoxication is legally defined by the blood alcohol concentration (BAC) level. However, taking a blood sample in the field for later analysis in the laboratory was not practical or efficient for detaining drivers suspected of driving under the influence (DUI). What was needed was a way to measure something related to BAC without invading a suspect's body. Urine tests for alcohol proved to be just as impractical in the field as blood sampling. In the 1940s breath alcohol testing devices were first developed for use by police. In 1954, Dr. Robert Borkenstein of the Indiana State Police invented the Breathalyzer, one type of breath alcohol testing device.