Misdemeanor DUI in Scottsdale

A DUI is a misdemeanor, generally, if it is a first or second offense.  The misdemeanor is filing in a city or justice court.

The mandatory minimum penalties for a misdemeanor DUI vary, depending on the blood alcohol content (BAC) and whether it is first or second offense within several years.

First Offense Misdemeanor (a class 1 misdemeanor)

  1. DUI (BAC below .15%): At least 10 days in jail, but 9 days may be suspended only upon successful completion of mandatory attendance at alcohol screening with the recommended classes or Continuous Alcohol Monitoring Program. Minimum fine, surcharge and assessment is approximately $1500. The court will charge you for the cost of going to jail. Unless there was a refusal to take chemical test, driver’s license suspension is for 30 days, with restricted driving permit to and from work and school for 60 more days, after a required alcohol or drug screening. After reinstatement, there is a one (1) year mandatory ignition interlock device, at an additional expense. The maximum jail sentence can be 6 months of incarceration.
  2. Extreme DWI (.15% -.199% BAC): At least 30 days in jail, but 21 days may be suspended only if installed ignition interlock device on vehicle for 1 year. May be eligible for Continuous Alcohol Monitoring Program or Home Detention after serving first 20% of jail sentence. Mandatory attendance at alcohol screening with the recommended classes. Minimum fine, surcharge and assessment is approximately $2800. The court will charge you for the cost of going to jail. Unless there was a refusal to take chemical test, driver’s license suspension is for 30 days, with restricted driving permit to and from work and school for 60 more days, after a required alcohol or drug screening. After reinstatement, there is a one (1) year mandatory ignition interlock device requirement, at an additional expense. The maximum jail sentence can be 6 months of incarceration.
  3. Super Extreme DWI (.20% and above BAC): Mandatory minimum of 45 days jail; but 31 days may be suspended only if installed ignition interlock device on vehicle for 1 year. May be eligible for Continuous Alcohol Monitoring Program or Home Detention after serving first 20% of jail sentence. Mandatory attendance at alcohol screening with the recommended classes. Minimum fine, surcharge and assessment is approximately $3200. The court will charge you for the cost of going to jail. Unless there was a refusal to take chemical test, driver’s license suspension for 30 days, with restricted driving permit to and from work and school for 60 more days, after a required alcohol or drug screening. After reinstatement, there is a eighteen (18) month mandatory ignition interlock device requirement, at an additional expense. The maximum jail sentence can be 6 months of incarceration.

 

Second Offense Misdemeanor, within 72 months from the first conviction (a class 1 misdemeanor)

  1. DUI (BAC below .15%): At least 90 days in jail, but 60 days may be suspended only upon successful completion of mandatory attendance at alcohol screening with the recommended classes. May be eligible for Continuous Alcohol Monitoring Program or Home Detention after serving first 20% of jail sentence. Required 30 hours of community restitution (the punitive term for community service). Minimum fine, surcharge and assessment is approximately $3500. The court will charge you for the cost of going to jail. Additionally, the Motor Vehicle Department (MVD) will revoke driving privileges for at least one (1) year. Can get a restricted ignition interlock device after 45 days, at an additional expense. After reinstatement, there is a separate one (1) year mandatory ignition interlock device requirement, at an additional expense. The maximum jail sentence can be 6 months of incarceration.
  2. Extreme DWI (.15% -.199 BAC): Mandatory minimum of 120 days jail. May be eligible for Continuous Alcohol Monitoring Program or Home Detention after serving first 20% of jail sentence. Mandatory attendance at alcohol screening with the recommended classes. Required 30 hours of community restitution (the punitive term for community service). Minimum fine, surcharge and assessment is approximately $3700. The court will charge you for the cost of going to jail. Additionally, the Motor Vehicle Department (MVD) will revoke driving privileges for at least one (1) year. Can get a restricted ignition interlock device after 45 days at MVD discretion, at an additional expense. After reinstatement, there is a separate one (1) year mandatory ignition interlock device requirement, at an additional expense. The maximum jail sentence can be 6 months of incarceration.
  3. Super Extreme DUI (.20% and above BAC): Mandatory minimum of 180 days jail, 90 days of which must be consecutive. Mandatory attendance at alcohol screening with the recommended classes. Required 30 hours of community restitution (the punitive term for community service). Minimum fine, surcharge and assessment is approximately $4600. Additionally, the Motor Vehicle Department (MVD) will revoke driving privileges for at least one (1) year. Can get a restricted ignition interlock device after 45 days at MVD discretion, at an additional expense. After reinstatement, there is a separate two (2) year mandatory ignition interlock device, at an additional expense. The maximum jail sentence can be 6 months of incarceration.

Misdemeanor DUI charges are very serious. Robert can help you through the crisis. Robert personally answers his own telephone and he will personally handle your case. Contact Robert A. Dodell, Attorney at Law, directly by email or by calling 480.860.4321 now for a free initial consultation.