The Different Types of DUI Charges in Scottsdale

Misdemeanor DUI (ARS 28-1381): It is unlawful to be in actual physical control, of a vehicle if the person is:

• 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 substances if the person is impaired to the slightest degree;
• If the person has a Blood Alcohol Concentration (BAC) of .08 to .149;
• Or, while there is any drug or its metabolite in the person’s body

Extreme DUI (Misdemeanor) (ARS 28-1382):
Actual Physical Control of a Motorized Vehicle Under the Influence of Alcohol with a BAC of .150 to .199.

Super Extreme DUI (Misdemeanor) (ARS 28-1382):
Actual Physical Control of a Motorized Vehicle Under the Influence of Alcohol with a BAC of .200 or higher.

DUI with Child in Car, Felony Aggravated DUI (ARS 28-1383 A3):
Can be either, while a person under the age of fifteen is in the vehicle and driver is:

• Impaired to the Slightest Degree;
• DUI with Blood Alcohol Content at or above a .08;
• Or, any active drug/metabolite/meds/vapor releasing substance

Felony Aggravated DUI (ARS 28-1383): A DUI charge becomes a Felony if any of the following:

• While the person’s driver license or privilege to drive is suspended, canceled, revoked, or refused, or while a restriction is placed on the person’s driver license or privilege to drive;
• Within a period of 84 months, commits a 3rd or subsequent DUI;
• When Ignition Interlock required;
• DUI with Child in Car Under the Age of 15 years old (class 4 felony)
• While driving the wrong way on a highway.

Penalties for DUI Charges in Scottsdale

All of the different types of Scottsdale DUI charges share the same, or similar penalties. Read below to learn about the shared DUI punishments and fees and then about each additional punishment added, depending on what type of DUI you are charged with.

All 1^st Time DUIs have the following penalties:

• Alcohol/Drug Screening and Classes
• 8 points added to MVD record and Traffic Survival School
• 45 days complete license suspensions; then 90 days restricted driving permit (to/from work/school) at MVD’s discretion. Screening required to get Restricted License or reinstate and pay to reinstate after end of suspension, ADOT may require you to install an ignition interlock device to obtain a restricted driving permit
• Possible Community Restitution
• Possible SR22 Insurance

All Misdemeanor DUIs have the following penalties:

• Pay for jail incarceration (can be eliminated or reduced pursuant to ARS § 28-1444).
• Possible monthly probation fees.
• Possible probation up to 5 years.

1^st Time Regular Misdemeanor DUI:

• $250 fine, $195 Surcharge, $500 Prison Fund, $500 Public Safety Equipment Fund, $20 Probation Fee, $13 Assessment, $2 Assessment.
• 1 day – 6 months jail.
• If DUI Drugs, Ignition Interlock Device (IID), but the Judge has discretion to remove it. If DUI Alcohol, 1 year IID. Can be reduced to 6 months if 1st 6 months are done correctly.
• $1,480.00 + Possible City Fees and Time Payment Fee.

1^st Time Extreme DUI:

• $250 Fine, $195 Surcharge, $250 DUI Fund, $1,000 Prison Fund, $1,000 Public Safety Equip. Fund, $20 Probation Fee, $13 Assessment, $2 Assessment.
• 9 days – 6 months jail.
• 1-year Interlock Device.
• $2,730 + Possible City Fees and Time Payment Fee.

1^st Time Super Extreme Misdemeanor DUI:

• $500 Fine, $390 Surcharge, $250 DUI Fund, $1,000 Prison Fund, $1,000 Public Safety Equipment Fund, $20 Probation Fee, $13 Assessment, $2 Assessment
• 14 days – 6 months jail.
• 18-month Interlock Device.
• $3,175 + Possible City Fees and Time Payment Fee.

Second DUI within 7 Years of First DUI

Getting a 2^nd DUI in a 7-year timeframe has harsher penalties than a first time DUI.

2nd Time Regular, Extreme, and Super Extreme DUIs share these penalties:

• Revocation of License for 1 year, then Revocation Packet to reinstate. Can get Restricted Interlock License w/ SR22 Insurance after 45 or 90 days at MVD’s discretion. The Ignition Interlock Device (IID) on this license will not count toward the Ignition Interlock Device (IID) requirement for the conviction
• 30+ hours of Community Restitution
• SR22 Insurance required.

2^nd Time Regular Misdemeanor DUI:

• $500 Fine, $390 Surcharge, $1,250 Prison Fund, $1,250 Public Safety Equipment Fund, $20 Probation Fee, $13 Assessment, $2 Assessment
• 30 days to 6 months jail.
• If DUI Drugs, potential for no Ignition Interlock Device (IID), but Judge has discretion to add it on. If DUI Alcohol, 1 year Ignition Interlock Device (IID).
• Must attend traffic survival school (TSS).
• $3,425 + Possible City Fees and Time Payment Fee.

2^nd Time Extreme Misdemeanor DUI:

• $500 Fine, $390 Surcharge, $250 DUI Fund, $1,250 Prison Fund, $1,250 Public Safety Equip. Fund, $10 Probation Fee, $13 Assessment, $2 Assessment.
• 60 days – 6 months jail.
• 1-year Interlock Device.
• Must attend traffic survival school (TSS).
• $3,675 + Possible City Fees and Time Payment Fee.

2nd Time Super Extreme Misdemeanor DUI:

• $1,000 Fine, $780 Surcharge, $250 DUI Fund, $1,250 Prison Fund, $1,250 State General Fund, $20 Probation Fee, $13 Assessment, $2 Assessment.
• 90 days – 6 months jail.
• Must attend traffic survival school (TSS).
• 2-year Interlock Device.
• $4,565 + Possible City Fees and Time Payment Fee.

Felony DUI Charges in Arizona are Rough

Felony DUI has much harsher sentences than Misdemeanor DUIs. All Felony DUIs have the following penalties and fees:

• $250 Fee, $750 Fine, $585 Surcharge, $1,500 Prison Fund, $1,500 Public Safety Equipment Fund, $13 Assessment, $2 Assessment.
• Possible Community Restitution
• SR22 High Risk Insurance
• DNA Taken
• Victim Impact Panel (MADD)
• Felony is forever allegeable.
• Revocation of license for one year, which begins upon conviction, then Revocation Packet to reinstate.
• $4,600 + Possible City Fees and Time Payment Fee.

Aggravated DUI with Child in Car, No Prior Felonies:

• 1 day in Jail up to 2 years in Department of Corrections (DOC).
• Probation up to 10 years if jail sentence.
• Can get Restricted Ignition Interlock Device (IID) License with SR22 Insurance after 90 days at MVD’s discretion. The Ignition Interlock Device (IID) on this license will not count toward the IID requirement for the conviction. If DUI Drugs, no IID is required, but the Judge has discretion to add it on. 1-year IID for Regular Alcohol DUI. 2-year IID for Extreme DUI.
• Monthly probation fees – usually $65/month.
• Pay for jail incarceration (can be eliminated or reduced pursuant to ARS 28-1444).
• Possible DUI Court Program.

Aggravated DUI with Child in Car, 1 Prior Felony:

• Range of .75 to 2.75 years Department of Corrections.
• Revocation for 3 years if prior Felony involved DUI.
• Can get Restricted IID License with SR22 Insurance after 90 days at MVD’s discretion.
• Unless the prior was a Felony DUI offense. The IID on this license will not count toward the IID requirement for the conviction. 2-year Interlock Device.

Aggravated DUI, Class 4 Felony: 

• 4 months jail and 1 to 3.75 years in Department of Corrections (DOC).
• Cannot get Restricted Driving Permit. If DUI Drugs, no IID, but Judge has discretion to add it on. If DUI Alcohol, 2 year IID. If MVD Records show that conviction would represent Defendant’s 3rd DUI within 7 years, license will be Revoked for 3 years.
• Probation up to 10 years.
• Monthly probation fees – usually $65/month.
• Possible DUI Court Program.
• If Aggravated DUI – Ignition Interlock Device (IID), may have to pay for jail incarceration (can be eliminated or reduced pursuant to ARS 28-1444).

Aggravated DUI, Class 4 Felony – 1 Prior Felony: 

• Range with 1 Allegeable prior felony: range of 2.25 to 7.5 years Department of Corrections. Range with 1 Unallegeable prior felony: 1 to 3.75 years DOC.
• Revocation for three years if prior Felony involved DUI. Cannot get Restricted Driving Permit. If DUI Drug, no IID, but Judge has discretion to add it on. If DUI Alcohol, 2-year IID. If MVD Records show that conviction would represent Defendant’s 3rd DUI within 7 years, license will be Revoked for 3 years.

Top 8 DUI Defenses Attorneys Commonly Used

If you’ve been charged with a DUI, don’t give up hope. A Scottsdale DUI attorney has numerous ways to defend against DUI charges. Here are some possible common defenses that can be used.

• No Reasonable Suspicion to Stop
  Police officers must have a reasonable suspicion that a crime is being committed in order to stop a person or vehicle.
• No Actual Physical Control
  The State must prove the person was driving or in actual physical control of the vehicle while under the influence.
• No Probable Cause for Arrest
  Police officers must have probable cause at the time of arrest in order to arrest.
• Inaccuracy of the Breath or Blood Testing Device
  Testing devices can be unreliable and inaccurate if not properly maintained.
• Retrograde Extrapolation Below .08% BAC at Time of Driving
  Using retrograde extrapolation to determine the driver’s blood alcohol content at time of driving, showing it was below .08% at time of driving.
• Miranda Rights Violation
  Miranda rights must be read to a person in custody before any questioning by law enforcement officers.
• Improperly Administered Field Sobriety Tests (FST’s)
  Field Sobriety Tests should not be given to those that are: 50 pounds or more overweight; 60 years of age or older; those with any back, hip, leg, knee, or ankle injuries; those with any disability affecting balance; or, those that are wearing heels two inches or higher.
• Non-Standardized Field Tests are Invalid
  saying the letters of the alphabet, touching one’s finger to one’s nose, and counting backwards are not valid Field Sobriety Tests.

Common Events in Scottsdale that can Lead to a DUI

The Waste Management Open has been known to attract hundreds of thousands and with that, comes many people drinking and driving after the event. Scottsdale Police are known to set up DUI Checkpoints close to the event. If you have been suspected of drinking and driving after the Waste Management Open, we can help!

For nearly 50 years, Barrett-Jackson Auto Auction has been the leader in collector car auctions. Hundreds of thousands of people come out to see and participate in this giant classic and collector car auction. Many end up drinking and then driving after the event. Scottsdale Police know this and are prepared to pull drivers over. If you’ve been suspected of drinking and driving after the Barrett-Jackson Collector Car Auction, we can help!

Every year, the San Francisco Giants, Colorado Rockies, and Arizona Diamondbacks come to Scottsdale for Spring Training. Spring Training is a great way to meet favorite players and coaches. It’s also, with all the beer available, an event that can lead to a DUI. If you have been suspected of driving under the influence after going to Spring Training, we can help!

Talking Stick Resort is a 24/7 casino and resort. Their casino has tables, slot machines, and near-daily poker tournaments. The Talking Stick Resort also hosts live entertainment. Many people drink as they gamble or while they watch live entertainment, and then drive. If you have been suspected of driving under the influence after visiting the Talking Stick Resort, we can help!

How Schill Law Can Help Your DUI Charge

Were you charged with a DUI in Scottsdale, AZ? Don’t despair! A qualified Scottsdale DUI attorney can help you potentially avoid or reduce penalties and fees.

The experienced Scottsdale DUI lawyers at Schill Law can help you avoid penalties and fees. For example, they can request a hearing with the MVD to help preserve your license. They can find and use legal arguments and defenses.

The qualified defense lawyers at Schill Law can also gather evidence for your defense, such as police reports, toxicology, any worn body camera or dash cam videos, and any other evidence that can help your defense. They can go to court for you and waive your presence. They can interview key witnesses and find expert witnesses for your defense. And, they can keep track of important court dates.

Dealing with DUI charges can be stressful and scary. A DUI conviction could mean thousands of dollars in fees, losing your driver license, and even jail time. Schill Law can help you with your Scottsdale DUI case. Schill Law will aggressively fight for you.