Gurion Legal, PLLC

Yes, a DUI with a child under the age of 15 is a felony. A person charged with this kind of Aggravated DUI faces a class 6 felony, which has a potential prison sentence of 4 months to 2 years, up to 5 years of probation, and a maximum fine of $150,000 for a first-offense, along with other secondary consequences like license suspension, interlock, and more.

Arizona will generally not extradite for misdemeanor DUIs, but will extradite for felony DUIs.

A first-time “regular” DUI carries a mandatory minimum of 10 days in jail, 9 of which can be suspended upon completion of alcohol/drug screening and counseling, fines and fees approximately of approximately $1,500, and additional MVD consequences like license suspension, points against your driving record, and ignition interlock.

Hello Sharice. Unfortunately yes. All DUI offenses in Arizona carry some jail time as a mandatory minimum sentence. The length of the sentence depends on the type of DUI. Felony DUI offenses carry mandatory prison time instead of jail time.

Whether you were convicted of a DUI in Phoenix, Scottsdale, Tempe, Fountain Hills, or other communities in the Phoenix valley, all Arizona DUIs stay on your record forever.

Arizona criminalizes those drugs that are listed in Title 13, Chapter 34 of the Arizona Revised Statutes.

Having a prescription to a narcotic drug is a defense to possession of narcotic drugs.

You can be charged with a DUI for prescribed medications, like pain killers. Having a prescription is an affirmative defense to A.R.S. 28-1381(A)(3), which makes it a crime to drive with certain substances in your blood, but not to A.R.S. 28-1381(A)(1), which criminalizes being impaired to the slightest degree due to alcohol OR drugs. If the State can prove that you were impaired due to the medication you took, provided it is a drug listed in Title 13, then you can be convicted of a DUI.

You cannot get a DUI on an electric bike or scooter, as the definition of “vehicle” in Arizona excludes “electric bicycles, electric miniature scooters, electric standup scooters and devices moved by human power.” However, you should be wary, as some electric bikes and scooters that are sold could be considered motorcycles due to their engine size – if that is the case then you may be charged with a DUI for operating it.

Arizona only offers expungement for certain marijuana offenses and Arizona DUI convictions cannot be expunged. They can, however, be set aside, which functions as a dismissal after conviction.

You can get a DUI in a parked car if there are facts suggesting that you are in actual physical control. A DUI conviction can occur if a person is driving a car or is in actual physical control of it. There are many factors that determine whether a person is in actual physical control or not, including if the car is in park or drive, the location of the driver, if the keys are in the ignition, whether the windows are down, whether the air conditioning is working, and so forth. Whether you were in actual physical control is a question for a jury to determine.

Arizona does not differentiate between DUI and DWI – there is no DWI statute in Arizona. However, a person can be charged with a DUI for both alcohol or drugs, and some DUI offenses do not require any particular blood alcohol concentration be proven, simply that a person was impaired to the slightest degree.

Your first DUI conviction will lead to a suspension of your CDL for a year. A subsequent DUI conviction will result in a lifetime CDL suspension.

Each State’s laws vary; if you are charged with a DUI you should consult with an attorney who practices criminal defense in the State where the case is charged. In Arizona, if you are visiting from out of state and are convicted of a DUI, you will still be required to serve the mandatory jail sentence required by law. Your attorney can work to lower that sentence and to potentially have you serve it in your home state.

Actual physical control involves looking at a number of factors as well as the totality of circumstances to determine if a person in a car who was not driving could somehow control the car. Factors to look at include whether the car was running, if it was in park, the weather conditions, where the person was in the car, whether they were asleep or awake, among others.

You can refuse a breathalyzer or blood draw, but law enforcement is usually able to obtain a warrant and require you to submit despite your refusal. Refusing can lead to a suspension of your driver’s license for a year, even if you were under the legal limit. If an officer asks your consent for a chemical test always ask to call an attorney and get advice on how to proceed. Also, if an officer attempts to get a breath test from you before arresting you you should refuse to take the test.

DUI to the slightest degree is a crime, codified in A.R.S. 28-1381(A)(1), which makes it unlawful to operate a car while being impaired even a little bit by alcohol consumed prior to driving. Unlike other DUI offenses, a conviction does not require any particular blood alcohol concentration, and a person can be convicted even if their blood alcohol concentration is below 0.08.

If a minor is charged with DUI they can be charged as a juvenile or an adult. They can also face additional charges for driving a car while under the age of 21 and having any alcohol in their system. That offense, while not carrying DUI’s harsh sentencing, does carry a license suspension until the minor turns 21 years old.

A Super Extreme DUI is not a felony, bur refers to having a blood alcohol concentration of .20 or higher. It carries harsher mandatory minimum sentences than a regular DUI or an extreme DUI. Arizona’s felony DUI is called an Aggravated DUI, and requires a person to commit a DUI while having one of the following: (1) their license was suspended, (2) while they were required to have an ignition interlock device in their car but did not have one, (3) if there is a minor under 15 in the car, (4) driving the wrong way, (5) having two or more prior DUI convictions within the last 7 years.