Phoenix attorney David Wolf
Wolf and Associates - Attorney David J. Wolf
The Wolf Law
Aggressive, Experienced Defense
Criminal Law

DRUNK DRIVING OFFENSES

DUI
A DUI charge is based upon a person operating, or being in actual physical control, of a motor vehicle while under the influence of alcohol or some other controlled substance, to the extent that their mental faculties or ability to drive are impaired to the slightest degree, and/or with a Blood Alcohol Content which is above the legal limit which are subject to change. To learn more about Drunk Driving issues, contact experienced Phoenix DUI Attorney David Wolf. Wolf and Associates has been aggressively representing clients charged with DUI or related offenses.

Driving Under the Influence (DUI)/Driving While Intoxicated (DWI)
Even for a first offense, the penalties associated with a conviction for DUI/DWI may include license suspension, substantial fines, community service, mandatory attendance at a state or DMV approved alcohol program, mandatory overnight incarceration and the required installation (at the offender's expense) of an ignition locking device which must be installed in your car. In addition, it typically results in higher insurance premiums.






   

DUI Manslaughter
Manslaughter is the criminal charge for unlawfully killing someone without actually intending to do so. When someone is driving under the influence and causes an accident in which someone is killed, the driver may be charged with manslaughter.

DUI With Prior Convictions
In all 50 states, repeat DUI offenders face progressively stiffer penalties. In some states, the third or fourth offense may be charged as a felony and, upon a conviction, result in a multi-year state prison term. The elements of the underlying offense are the same, whether or not there are prior convictions.

Driving Under the Influence of Drugs or Prescription Medications
Most people know that it is illegal to drive under the influence of illegal drugs, but many believe they can avoid a conviction for DUI by producing a prescription for the drug in question. This is not true. A DUI (drugs) charge has nothing to do with whether or not possession of the drug was lawful. The legal issue in any DUI case is whether, as the result of "impairment," the driver has lost the ability to drive safely. It is just as unlawful to drive under the influence of a properly prescribed medication as it is to drive after drinking too much alcohol.

DO’S & DO NOT’S:

Drunk DrivingBulletDO NOT answer questions, but DO be polite and cooperative. You have a
spacerconstitutional right to remain silent - exercise it.
BulletDO NOT agree to take field sobriety test aka FST’s (including the eye test -
spacerotherwise known as the Horizontal Gaze Nystagmus aka “HGN”). There is no
spacerconsequence for refusing this test.
BulletDO NOT agree to take a breath, blood or urine test prior to speaking with an
spacerattorney. If you cannot contact an attorney DO consider consenting to taking any spacerand all tests requested, as Arizona Law requires you to do so, or your driver's
spacerlicense will be revoked for one year. Also, the State will most likely obtain a
spacersearch warrant and take your blood forcefully.

Penalties for DUI

The penalties for DUI convictions vary depending upon your prior history within the allowable 84 month time period (formerly 60 months), the proximity of the prior convictions, and the circumstances surrounding your particular case including, but not limited to, injuries, whether collision occurred, and BAC content. A brief summary of possible ramifications for DUI Convictions are as follows (for updated laws click here):


First DUI

BulletDUI Base Fine ......................................$250.00 + 84% surcharge*
BulletPrison Construction Assessment........$500.00
BulletArizona extra DUI Assessment............$500.00
BulletJail - Minimum 24 Hours up to 10 Days,
BulletLicense Suspension - From 90-360 Days
BulletIgnition Interlock Device - Court Ordered Ignition Interlock Device at the expense of the Convicted DUI Offender.
BulletComplete Alcohol or Other Drug Screening, Education or Treatment Program


2nd DUI

BulletDUI Base Fine.......................................$500.00 + 84% surcharge*
BulletPrison Construction Assessment........$1,250.00 Arizona extra
BulletDUI Assessment...................................$1,250.00
BulletJail – Minimum 30 Days up to 90 Days
BulletCommunity Restitution – Minimum 30 Days
BulletLicense Suspension – One Year Ignition
BulletInterlock Device - Court Ordered Ignition Interlock Device at the expense of the Convicted DUI Offender.
BulletComplete Alcohol or Other Drug Screening, Education or Treatment Program


3rd DUI

(Aggravated DUI if 3rd Within 84 Months of Previous DUI or While License Suspended)

BulletDUI Base Fine......................................$750.00 + 84% surcharge*
BulletProbation Surcharge............................$10.00
BulletPrison Construction Assessment.......$1,500.00
BulletDUI Assessment...................................$1,500.00
BulletDUI Abatement Fee.............................$250.00
BulletSentence – Minimum 4 months Arizona Department of Corrections
BulletLicense Revocation – Three Years
BulletIgnition Interlock Device – Court Ordered Ignition Interlock Device
BulletComplete Alcohol or Other Drug Screening, Education or Treatment Program

* Note: Arizona's criminal surcharge charge changes frequently (check statute for current percentage)


PENALTIES FOR EXTREME AND “SUPER EXTREME” CONVICTIONS:

As your blood alcohol content (aka BAC) rises, so do the potential penalties. A BAC of .150 to .199 triggers what is known as an Extreme DUI. The minimum jail time for a first Extreme DUI offender is 30 days, rather than the 10 day minimum for lesser offenders. The penalties for a second Extreme DUI offense are similarly increased.

Arizona’s new DUI law actually establishes a third category of DUI offender, has been referred to as the Super Extreme DUI. Those caught driving with a BAC in excess of .20 percent face even steeper penalties. A "super extreme" DUI offender will spend at least 45 days in jail. However, the court is not allowed to suspend any of the minimum sentence for completion of a treatment program. Moreover, the fines and costs levied against "super extreme" DUI offenders are much greater, because of the charges associated with the longer jail time imposed. The penalties for a second "super extreme" DUI offense are amazingly stiff. Those convicted of a second "super extreme" DUI will receive a flat 180 day mandatory sentence -- no exceptions.

Along with the increased fines and sentences, those charged under the new "super extreme" DUI provisions also face other hardships. For instance, DUI offenders are required to install an ignition interlock device in their vehicles, after which they will have to pass a Breathalyzer-type test before their cars will start. The device costs approximately $100 to install and $80 per month for maintenance. Normally the interlock devices are required to be maintained for 12 months after a DUI or Extreme DUI conviction; however, after a "super extreme" DUI conviction the device is required to be maintained for 18 to 24 months. That adds about $2,000.00 on top of all the other fines, assessments, and jail costs. We believe that the foregoing penalties under Arizona’s new DUI law are excessive. There are several cases pending which have been filed challenging the legality of the statute. However, as of NOW this is the law.

So if you or someone you know are faces DUI related charges need the assistance of an experienced, Phoenix DUI Attorney, dial (602) THE-WOLF today to schedule a free office consultation, or complete the contact form provided.

IF YOU'VE BEEN ARRESTED OR CHARGED WITH A DUI!
DIAL (602)THE-WOLF

DISCLAIMER; Some of the information on this site refers to Arizona law, but the information may not apply to you or it may vary depending on the specific facts of your case and the nature of the charge(s) against you. The information in this web site is not legal advice and must not be considered to be legal advice under any circumstances. The contents of this site are intended to be for general information purposes ONLY and anyone viewing this site is hereby advised not to make any decisions or pursue any course of conduct based upon any information contained in this site. Accordingly, by using this web site, you are agreeing that under no circumstances will you hold Wolf and Associates P.C., or its attorneys, responsible under any circumstances arising out of the use of this site in any manner or for any purpose.