Driving Under the Influence (DUI) is a serious charge in most states. However, Arizona is well known for having some of the harshest penalties in the country for DUI convictions. As a result, these cases are prosecuted severely, and the State will at times seek the maximum punishment. For this reason, it is important to have strong legal representation from an experienced defense attorney who could help you avoid serious consequences that you face with a Flagstaff DUI charge.
Did you know Former Prosecuting Attorneys and Police Officers make up our criminal defense legal team? This means at the Law Offices of Brandon White, we understand the burden of proof carried by the prosecution and how to fight these cases. We are here to help you understand the charge, evidence, and possible outcomes. Whether you’ve been charged in Flagstaff Municipal Court, Flagstaff Justice Court or Coconino County Superior Court, the Law Offices of Brandon White has qualified Flagstaff DUI Attorneys to work tirelessly to defend you against these serious charges.
What is Considered Drunk Driving in Flagstaff?
Driving Under the Influence is not limited to alcohol consumption but may include impaired driving when under the influence of any drug. Furthermore, a person could still be charged with a DUI if/while there is any drug defined under the statute or its metabolite in the person’s body. The Legislature in Arizona has passed laws to inflict harsh penalties on offenders which increase substantially if you are convicted with a subsequent DUI charge.
In Arizona, a DUI charge can result from any chemical impairment, regardless of blood alcohol concentration (BAC). This is known as impaired to the slightest degree or A.R.S. 28-1381(A)(1). Operating a vehicle with a BAC of .08 to .149 is a Per Se DUI or A.R.S. 28-1381(A)(2).
Thereafter, a DUI charge is separated by the Extreme level and Super Extreme Level. For an Extreme DUI, a person is operating a vehicle with a BAC of .15 to .199. For a Super Extreme DUI, a person is operating a vehicle over a BAC of .200. An Extreme and Super Extreme DUI is designated under the law as A.R.S 28-1382(A)(1) and A.R.S. 28-1382(A)(2), respectively.
A knowledgeable lawyer could review your case to determine where your BAC falls in the eyes of the law.
Understanding DUI Penalties in Flagstaff
Penalties for a DUI charge differ by type and whether it is your first one or subsequent one. For first time DUI convictions the penalty ranges from 10 days in jail to 180 days in jail and fines of at least $1,480. In addition, you may face at least a 90-day driver’s license suspension, up to five years of probation, and alcohol screening and education. You may be eligible for a reduced jail term if certain conditions are met. For example, for a slightly impaired or Per Se DUI, 9 days out of the 10 mandatory days in jail can be suspended upon completion of alcohol screening. Penalties for an Extreme or Super Extreme DUI, however, are more substantial. For an Extreme DUI 21 out 30 mandatory days in jail can be suspended once an interlock device is installed in your vehicle. For a Super Extreme, 31 out of 45 mandatory days in jail can be suspended once the interlock device is installed.
Arizona punishes repeat DUI offenders harshly. Therefore, a second DUI charge faces even higher penalties. A first and second DUI are misdemeanors in Arizona. A third DUI a trigger what is called an Aggravated DUI, a class 4 felony. The maximum for an Agg DUI is 3.75 years in prison.
If you are charged or arrested for a DUI, please contact Flagstaff DUI lawyer from the Law Offices of Brandon White. You need representation from the beginning to help you understand your legal options and give you honest answers to your questions. Our experienced DUI lawyers are here to fight for you.