New Arizona DUI laws and penalties
August 19th, 2008Drinking and driving in Arizona recently got more expensive with penalties and fines. Of course the ultimate penalty would be to pay with your life or somebody else’s life!
I recently was forwarded the following email from somebody who went to an YPO presentation regarding DUI’s and the new Arizona laws. At the presentation she heard from two highway patrol officers, a prominent DUI attorney and then a public relations firm. The police officers went through the new punishments and BAC (blood alcohol content) thresholds that were just passed. They also demonstrated to a sober person what happens when you do get pulled over for a DUI.
My assessment is the new DUI rules have significantly changed the risk reward decision about drinking a few drinks and then driving. The main changes is they have significantly lowered the BAC (blood alcohol content) thresholds.
I used to think that it was no problem to have a couple of drinks with dinner and then drive home. The new lower BAC are now so low that someone who is a good citizen and just has two drinks has a lot of risk.
The thresholds and punishments for first time DUI offenses are as follows (second time offenses are drastically worse):
Standard DUI: BAC over 0.08 (three drinks for most men and two drinks for most women)
a. Mandatory jail time of 10 days - No plea bargaining (second offense - 30 to 90 days)
b. Mandatory suspension of driver’s license for 90 days (second offense - one year)
c. Mandatory installation of ignition interlock device in car for one year (Cost: $1,000 plus $100 per month)
d. Court fees - $1,500 (second offense - $3,000), points, increased insurance, attorney fees, etc.
Extreme DUI: BAC over 0.15
a. Mandatory jail time of 30 days - No plea bargaining (second offense - 60 to 120 days)
b. Mandatory suspension of driver’s license for 90 days (second offense - one year)
c. Mandatory installation of ignition interlock device in car for one year (Cost: $1,000 plus $100 per month)
d. Mandatory alcohol monitoring - 30 days (second offense - 90 days plus 30 days of community service)
e. Mandatory vehicle impoundment - 30 days
f. Court fees - $2,500 (second offense - $5,000), points, increased insurance, attorney fees, etc.
Super Extreme DUI: BAC over 0.20
a. Mandatory jail time of 45 days - No plea bargaining (second offense - 180 days)
b. Mandatory suspension of driver’s license for 90 days (second offense - one year)
c. Mandatory installation of ignition interlock device in car for 18 to 24 months (Cost: $1,000 plus $100 per month)
d. Mandatory alcohol monitoring - 30 days (second offense - 90 days plus 30 days of community service)
e. Mandatory vehicle impoundment - 30 days
f. Probation - 0 to 1 year (second offense - 0 to 5 years)
g. Court fees - $3,000 (second offense - $6,000), points, increased insurance, attorney fees, etc.
Felony DUI - 0.08 or above but with a MINOR in the car less than 16 years old
a. Felony charge
b. Mandatory jail time of 30 days - No plea bargaining
c. Suspended driver’s license for three years
d. Ignition interlock device - Installed in car for 18 months or possible loss of car ($1,000 plus $100 per month)
e. Fees (up to $150,000), points, increased insurance, attorney fees, etc.
f. Possible probation for up to 5 years
Note: If a person under 21 is pulled over and they have had ANY alcohol (even the day before they turn 21), they would be subject to the above rules plus will lose their drivers license for a minimum of two years with no plea bargain available and it will be on their record for 7 years.
Other facts:
This BAC is not affected by whether a person can handle alcohol. It is a chemical formula based on your blood content, not how you act.
a. A person can get a DUI with lower than 0.08 BAC if they fail the field sobriety test
b. The BAC is at it highest 2 hours after the last drink is taken. The BAC will not start going down until 2 hours after the last drink (i.e. stalling at the police station will probably not help).
c. The police officer said that they are starting to see a very high incidence of woman DUI after social lunches.
d. The most common infraction people are pulled over for, especially at night, is the wide left or right turn
e. When the police department has a DUI task force in place in an area, they will basically pull everyone over that is driving through the area (i.e. regardless of whether a driver did something wrong). If they do not smell alcohol on your breath, they will give the driver a verbal warning. If they smell alcohol, they will say you were weaving.
The message they are sending is to not to drink and drive, have a designated driver or take a car service home if you have been drinking (regardless of how far you are from home). Also, never have even one drink if you will be driving with a person under 16 years old in your car. The biggest other must is to have the phone number of a chauffeured transportation company - riding in a limousine, sedan or SUV is so much better than a police car or ambulance! In The Scene Limousine 602-996-LIMO (5466).






