Tuesday, May 27, 2008

ARIZONA CRIMINAL PENALTIES / MVD SANCTIONS

Practice Areas:
"PRE-CHARGE" CASESRELEASE HEARINGSASSAULTCHILD ABUSE
SBSCOMPUTER CRIMESDOMESTIC VIOLENCEDRUG CASESDUI
DWI LAWSDUI DEFENSESMVD HEARINGSJUVENILE CASESPROBATION REVOCATIONPROF. LICENSINGSEX CRIMESTHEFT
WHITE COLLARASSET FORFEITUREVEHICULAR CRIMESWARRANTS
EXTRADITIONSENTENCE MODIFICATIONAPPEALS
RULE 32
Case Phases


PENALTIES FOR MISDEMEANOR AND FELONY DUI / DWI CONVICTIONS
Offense
Sentencing Range
Fine
DUI (A.R.S. § 28-1381(A)(1)


1st Offense
Not less than 1 day nor morethan 6 months in jail.
$250 - $2,500
2nd Offense w/in 84 months
Not less than 30 days nor morethan 6 months in jail.
$500 - $2,500
DWI (A.R.S. § 28-1381(A)(2)


1st Offense: BAC 0.08 or more
Not less than 1 day nor morethan 6 months in jail.
$250 - $2,500
2nd Offense w/in 84 months
Not less than 30 days nor morethan 6 months in jail.
$500 - $2,500
DWI (Drugs) (A.R.S. § 28-1381(A)(3)


1st Offense
Not less than 1 day nor morethan 6 months in jail.
$250 - $2,500
2nd Offense w/in 84 months
Not less than 30 days nor morethan 6 months in jail.
$500 - $2,500
DWI (Commercial) (A.R.S. § 28-1381(A)(4)


1st Offense: BAC 0.04 or more
Not less than 1 day nor morethan 6 months in jail.
$250 - $2,500
2nd Offense w/in 84 months
Not less than 30 days nor more than 6 months in jail.
$500 - $2,500
EXTREME DWI (A.R.S. § 28-1382)

1st Offense: BAC 0.15 to 0.199
Not less than 10 days nor morethan 6 months in jail.
$500 - $2,500
1st Offense: BAC 0.20 or more
Not less than 45 days nor morethan 6 months in jail.
$500 - $2,750
2nd Offense w/in 84 months: BAC 0.15 to 0.199
Not less than 60 days nor morethan 6 months in jail.
$750 - $3,250
2nd Offense w/in 84 months: BAC 0.20 or more
Not less than 180 days in jail.
$1,250 - $3,750
FELONY DUI (A.R.S. § 28-1383(A)(1) or (2))


1st Offense
Not less than 4 months nor morethan 3.75 years in prison.
$750 - $150K
2nd Offense w/in 84 months
Not less than 8 months nor morethan 7.5 years in prison.
$750 - $150K
FELONY DUI (A.R.S. § 28-1383(A)(3))


1st Offense
Not less than 1 day nor morethan 2 years in prison.
$250 - $150K
FELONY DUI (A.R.S. § 28-1383(A)(4))


1st Offense
Not less than 1 day nor morethan 2 years in prison.
$250 - $150KMOTOR VEHICLE DIVISION SANCTIONS FOR DRIVING UNDER THE INFLUENCE
Offense
Driver's License Restriction
Ignition Interlock
Impound/Forfeiture of Vehicle
DUI (A.R.S.§ 28-1381(A)(1)



1st Offense
Suspension(90 days - 1 year)
Must equip motor vehicle with ignition interlock device for a minimum of 1 year on the conclusion of the suspension.
N/A
2nd Offensew/in 84 months
Revocation(1 year)
Must equip motor vehicle with ignition interlock device for a minimum of 1 year on the conclusion of the revocation.
N/A
DWI (A.R.S.§ 28-1381(A)(2)



1st Offense:BAC 0.08 or more
Suspension(90 days - 1 year)
Must equip motor vehicle with ignition interlock device for a minimum of 1 year on the conclusion of the suspension.
N/A
2nd Offensew/in 84 months
Revocation(1 year)
Must equip motor vehicle with ignition interlock device for a minimum of 1 year on the conclusion of the revocation.
N/A
DWI (Drugs) (A.R.S.§ 28-1381(A)(3)



1st Offense
Revocation(1 year minimum)
N/A
N/A
2nd Offensew/in 84 months
Revocation(1 year minimum)
N/A
N/A
DWI (Commercial) (A.R.S. § 28-1381(A)(4)



1st Offense:BAC 0.04 or more
Suspension(1 year)
Must equip motor vehicle with ignition interlock device for a minimum of 1 year on the conclusion of the suspension.
N/A
2nd Offensew/in 84 months
Revocation(1 year)
Must equip motor vehicle with ignition interlock device for a minimum of 1 year on the conclusion of the revocation.
N/A
EXTREME DWI (A.R.S. § 28-1382)



1st Offense:BAC 0.15 to 0.199
Suspension(90 days - 1 year)
Must equip motor vehicle with ignition interlock device for a minimum of 1 year on the conclusion of the suspension.
Impound of Vehicle for 30 days
1st Offense:BAC 0.20 or higher
Suspension(90 days - 1 year)
Must equip motor vehicle with ignition interlock device for a minimum of 18 months on the conclusion of the suspension.
Impound of Vehicle for 30 days
2nd Offensew/in 84 months
Revocation(1 year minimum)
Must equip motor vehicle with ignition interlock device for a minimum of 1 year on the conclusion of the revocation.
Impound of Vehicle for 30 days
2nd Offense:BAC 0.20 or higher w/in 84 months
Revocation(1 year minimum)
Must equip motor vehicle with ignition interlock device for a minimum of 24 months on the conclusion of the revocation.
Impound of Vehicle for 30 days
FELONY DUI(A.R.S. § 28-1383)



Any Offense
Revocation(3 year minimum)
Must equip motor vehicle with ignition interlock device for a minimum of 1 year on the conclusion of the revocation.
Mandatory forfeiture of the vehicle owned and operated at the time of the offense.PENALTIES FOR MISDEMEANOR & NONDANGEROUS NONREPRETITIVE FELONY CONVICTIONS
Offense
Sentencing Range
Maximum Fine
Misdemeanors:


Class 1
Probation to 6 months jail
$2,500
Class 2
Probation to 4 months jail
$750
Class 3
Probation to 30 days jail
$500
Felonies:


Class 2
Probation to 12.5 years prison
$150,000
Class 3
Probation to 8.75 years prison
$150,000
Class 4
Probation to 3.75 years prison
$150,000
Class 5
Probation to 2.5 years prison
$150,000
Class 6
Probation to 2 years prison
$150,000

Posted by: Adnan

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