There are three different classifications of drinking and driving offenses. First, it is unlawful to drive or be in control of a motor vehicle, while under the influence of intoxicating liquor, drug, vapor, or any combination thereof, and impaired to the slightest degree.  Second, it is unlawful to drive or be in control of a motor vehicle with a BAC (blood alcohol concentration) of .08% or more within two hours of driving. Thirdly, it is unlawful to drive or be in control of a motor vehicle with a BAC (blood alcohol concentration) of .15 % or more within 2 hours of driving. These are all separate charges.  A driver can be charged with one, two or all three. Usually, if a driver submits to a chemical test, which results in an alcohol concentration of .08 or more, he/she will be charged with the first two offenses, and if it is over .15% then all three. If a driver refuses to submit to a chemical test and none is performed non-consensually, he/she will only be charged with driving under the influence (assuming the officer has enough evidence to establish probable cause for the arrest).  A person charged and convicted of any one of the aforementioned is guilty of a class one misdemeanor.

Substance Abuse Screening
If convicted, a first-time offender must complete an alcohol abuse screening. If the court or the screening facility determines that the offender would benefit, the court may order the offender to obtain counseling, education, or treatment. If the offender has the financial resources to pay all or part of the screening, counseling, education, or treatment, then the court shall order him/her to do so. All programs must be approved by the Department of Health Services.

Arizona Penalties for DUI - First Time Offender. The statute requires the court to sentence a first-time offender to serve not less than 10 consecutive days in jail. However, the court may suspend all but 24 consecutive hours of the sentence, if the offender completes an alcohol abuse screening. Since the statute stipulates consecutive hours, the court cannot give credit for any time served on the day of the arrest.

The statute, plus surcharges, also require a fine of not less than one thousand four hundred fifty dollars ($1,450.00), plus potential administrative fees and court costs.  The court may also order the offender to perform up to 40 hours of community service and attend a class sponsored by Mothers Against Drunk Driving, known as the Victim Impact Panel. Usually the offender will also be placed on 12 months of probation as well.

Penalties For a Second Offense
A person convicted of a second DUI offense within 60 months of the first, or a first offense and has previously been convicted in another state for a first offense that complies with an Arizona law, is guilty of a class one misdemeanor. The dates of commission of the offenses are the dispositive dates in determining the 60-month period. A second-time offender is subject to the same sanctions as a first-time offender regarding an alcohol screening, counseling, education, treatment, and payment.

The statute requires the court to sentence a second-time offender to serve not less than 90 days in jail. The court may suspend all but 30 days of the sentence, if the person completes a court-ordered alcohol screening, counseling, education, and treatment program. If the person fails to follow through with counseling, education, or treatment, the court will issue an order compelling the person to show cause why the remaining 60 days should not be served. Thirty days must be served consecutively, unless the sentence includes a provision for work release, which is discussed below; then the requirement is reduced to 48 consecutive hours.  The statute and surcharges requires a fine of not less than three-thousand-four hundred dollars ($3,400.00), plus administrative fees and court costs.  The court may also order community service, the Victim Impact Panel, and supervised probation.

Work Release Programs
First and second-time offenders are eligible for work release. Whether or not a person’s sentence will include work release is left to the discretion of the court. If a person is employed or is a student, the court may permit the person to be released from jail only long enough to complete the actual hours of employment or studies, up to 12 hours per day, and not more than five days per week. However, a first-time offender cannot commence a work release program until he/she has served at least 24 consecutive hours in jail. Likewise, a second-time offender must serve at lease 48 hours in jail before a work release program may begin.

Home Arrest
Second-time offenders may also be eligible for home arrest. There are several requirements that must be satisfied before a person may be accepted into this program.  Begin working on satisfying those requirements well before the time of sentencing. The probation department’s approval is necessary before the court will place someone in the home arrest program. The home arrest sentence will include 48 consecutive hours in jail, 13 days on work release, and 45 days of home detention. The person will be allowed to leave the home to work, attend school, or attend treatment.

Aggravated DUI - Class IV Felony
A person convicted of an aggravated drinking and driving offense is guilty of a class four felony. Either driving under the influence or driving with a blood alcohol content of .08 or more will be considered an aggravated offense, if it is committed, while the person’s license is suspended, canceled, revoked, refused, or restricted, and the state can prove that the person knew the status of his or her driving privileges. Likewise, if a person is convicted and has been previously convicted of two prior drinking and driving offenses in Arizona, or in any other state where the law complies with Arizona law, with all of these offenses occurring within 60 months, the last conviction will result in an aggravated sentence. The dates of commission of the offenses are the dispositive dates in determining the 60-month period.

Penalties For Aggravated DUI
An aggravated sentence includes a minimum of four months in prison. Probation, suspension of sentence, or release on any other basis is not available until the person serves at least four months.

The sentence will also include up to 10 years supervised probation and alcohol screening, counseling, education, and treatment. If the person fails to complete the screening, counseling, education, or treatment, the court may re-sentence the person to an additional term ranging from four months to one year. Should the person’s probation be revoked he/she will not receive any credit for the time served when re-sentencing occurs. The court may also impose a fine up to one hundred fifty thousand dollars ($150,000.00).

A person convicted of either driving under the influence or driving with a blood alcohol content of .10 or more who has three or more prior convictions within the last 60 months is guilty of a class four felony. The sentence will be similar to the one stated above in that the person must serve a minimum of four months in prison. However, if this person does not complete any court ordered alcohol screening, counseling, education, or treatment the court may re-sentence him/her to an additional term ranging from eight to 12 years. If a person is convicted of an aggravated drinking and driving offense, the court, in addition to all of the aforementioned sanctions, may order the motor vehicle owned and operated by the person at the time of the offense forfeited in the same manner as provided under Title 13, Chapter 39.

Interlock Devices
If any person is convicted of extreme DUI or aggravated DUI, then the court may order the installation of an interlock device on any vehicle to be operated by that person.  An interlock device connects a breathalyzer to the vehicle’s ignition system. The device will prevent the vehicle from starting unless the driver blows into the device and the person’s alcohol concentration is below a preset level. The costs for installation and maintenance shall be paid by the driver, and the court may order it to be used from one to three years. The driver will also be required to show proof of compliance and proof of inspection for accuracy at least once each calendar year.