Misdemeanor DUI DWI

Misdemeanor DUI DWI & Drunk Driving;
Misdemeanor DUI Charges;
Misdemeanor DUI Laws;
Misdemeanor DUI Classifications;
Misdemeanor DUI Penalty Chart; &
Misdemeanor DUI Defense

DUI DWI, & Drunk Driving Defense
Firm of James Novak, AZ DUI & Criminal Defense Lawyer
Free Initial Consultation for Misdemeanor or Felony DUI DWI
Call Now (480) 413-1499 Valley -Wide

When you hear the word “misdemeanor” naturally, it does not sound like a serious crime. However, that is not the case for “DUI Misdemeanor” charges in Arizona. They are treated seriously in Arizona. In fact, Misdemeanor DUI charges include some of the toughest DUI penalties in the country which currently includes facing jail time. Each state has their own DUl laws and they can differ dramatically. Many people try to compare their Arizona misdemeanor DUI to what other states do. It is difficult to compare because of the stiff penalties imposed and mandated by the Arizona Legislature.

Even if you have never been convicted of a crime before, the prosecution will still vigorously pursue a conviction with little or no leniency. In order to have any chance of avoiding a conviction, you will need to hire an experienced Arizona DUI Misdemeanor Attorney to defend you and challenge the prosecution’s evidence against you.

Defendants and many others feel there should be an alternative to incarceration such as community service, home detention or probation. But currently the Arizona Laws have no alternatives penalties to avoid mandatory jail sentences for an Arizona misdemeanor DUI conviction. However, also currently, some state officials, organizations and Arizona residents are asking for change in the law for more leniencies for first time offenders. Yet Arizona legislature still requires that first time AZ DUI misdemeanor offenders do time in jail. The length is determined upon the conviction based on the facts of each case and determined by the court’s Judge.

A DUI with no aggravating factors is a Class 1 Misdemeanor as cited in part under A.R.S. 28-1381. A Misdemeanor DUI will be escalated to a felony DUI if aggravated by several factors including the existence of a prior DUI conviction, driving on a suspended or revoked driver’s license, DUI with a child under age 15 in the vehicle.

Basically, A Misdemeanor DUI in Arizona is charged if a person is operating a motor vehicle while under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substance and:

1. The driver of the vehicle in Arizona is impaired to the slightest degree (A.R.S. §28-1381(A) (1) or “impaired to the slightest degree”; and/or…
2. The driver of a vehicle in Arizona if the person has an alcohol concentration of) 0.08 or more within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol were consumed before or while driving or being in actual physical control of the vehicle. (A.R.S. §28-1381(A) (2)) or “DUI”.

If the police have evidence that both 1 and 2 above were violated, they will usually charge the driver with not only one, but two DUI charges in that one stop.

Arizona Misdemeanor DUI Criminal Offenses (without aggravating factors) generally include the following charges:

• Impaired driving to the Slightest Degree
• Impaired driving with Blood Alcohol Content -BAC Over 0.08%
• Impaired driving with a BAC Over 0.15%
• Impaired driving due to drugs – “Drugs” can include legal or illegal drugs; prescription or non-prescription drugs; dangerous or non-dangerous drugs; or drugs combined With alcohol
• DUI, DWI, Drunk Driving while driving a Commercial Vehicle
• Underage Drinking – With or without driving (see Underage Drinking Link on our Home Page for more Law information for Underage Drinking Charges)

1st time, non-extreme Arizona DUI Charge Conviction (non-extreme) penalties:
1 day in jail + Incarceration expenses
$250 fine + 80% surcharge
$500 prison assessment
$500 DPS
Incarceration Expenses
Court Ordered Alcohol or Drug Screening Costs
Court Ordered Alcohol or Drug Treatment Costs
Probation & Fees
90 Day Driver’s License suspension
Mandatory Vehicle Ignition Interlock Device at Defendant’s expense

2nd Arizona DUI Charge Conviction (non-extreme)
30 days in jail + Incarceration expenses
$250 fine + 80% surcharge
$1250 prison assessment
$250 abatement fee
Court Ordered Alcohol or Drug Screening Costs
Court Ordered Alcohol or Drug Treatment Costs
Probation & Fees Driver’s License revoked for 1 year
Mandated Vehicle Ignition Interlock Device at Defendant’s expense

1st Arizona Extreme DUI Conviction
30 days in jail & costs for incarceration
$250 fine + 80% surcharge
$1000 prison assessment
$1000 DPS
$250 abatement fee
Court Ordered Alcohol or Drug Screening Costs
Court Ordered Alcohol or Drug Treatment Costs
Probation & Fees
90 day Driver’s License suspension
Mandated Vehicle Ignition Interlock Device at Defendant’s expense

2nd Arizona Extreme DUI Conviction
120 days in jail
$250 fine + 80% surcharge
$1250 prison assessment
$1250 DPS
$250 abatement fee
Jail Costs
Court Ordered Alcohol or Drug Screening Costs
Court Ordered Alcohol or Drug Treatment Costs
Probation & Fees
Driver’s License revoked for 1 year
Mandated Ignition Interlock Device at Defendant’s expense

Following a Misdemeanor DUI arrest in Arizona, some defendants have a misconception that they are guilty even before they go to their first court date and they make the mistake of beginning to plan for a jail stay without consulting a private practice Arizona Misdemeanor DUI lawyer to challenge and defend their case. With this mindset (“I am guilty because I was arrested”) without hiring proper AZ DUI defense, the prosecution sees you as a fast track conviction. It indeed makes their job much easier to convict you if there is private AZ DUI Lawyer challenging the evidence and defending your rights.

You should keep in mind that a “criminal charge” or “DUI charge” in Arizona, is not a “conviction”. An arrest for Arizona DUI DWI or drunk driving is simply the first step in the criminal justice process. By fundamental right, you are innocent of the AZ DUI until and unless proven guilty of Arizona misdemeanor DUI.

Following your arrest it is critical that you contact an Arizona DUI Misdemeanor Defense Attorney James Novak at (480) 413-1499 for a Free Consultation and guidance. Upon retention, he will explain the many steps to take through each phase following your DUI arrest and guide you through the complex Arizona criminal processes. In many cases DUI charges can be dismissed or reduced to civil citations with a reduction in penalty and avoid a trial before it ever gets that far. The retention of an experienced Arizona Criminal Defense or DUI lawyer like James Novak is essential if you wish to have any real chance of a successful outcome in your case. He will make every effort to get your AZ Misdemeanor charges dismissed. At the very least he will fight for a reduction of the charges and sentence to avoid the mandatory sentencing which currently includes undeserved jail.

Arizona misdemeanor DUI charges are heard in Arizona justice, city or municipal courts. James Novak is a former prosecutor with years of exclusive defense experience. He is extremely familiar with the protocol, procedures and laws of the courts and regularly defends AZ DUI charges in Tempe Court, Chandler Court, Gilbert Court, Scottsdale Court, Phoenix Court, Mesa, and Chandler AZ Court

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