Our drunk driving statutes are now enforced rigorously, prosecuted zealously and provide for substantial punishments.

This is proper. It is also proper, however, that we remain vigilant in safeguarding the rights of individuals charged with DUI and related criminal offenses.

At The Law Offices of John Phebus our goal is to successfully resolve your case. Successful resolution means a dismissal, acquittal or a negotiated disposition to a lesser charge. We will never allow a client to plead guilty or “no contest” to a DUI unless, after a thorough investigation, we conclude such a plea is in the client’s best interest.

The Charge

Over the years, the public’s perception of drunk driving has evolved. What the public once viewed as a common indiscretion is now viewed as a serious crime and public health hazard. State legislatures all over the country are engaged in a feeding frenzy of “feel-good” legislation in response to pressure exerted by well-financed political interest groups. As a result, ordinary citizens — many of whom are not intoxicated or impaired at the time of driving — are being arrested in record numbers and forced to defend against criminal charges. Given our current political climate, DUI is a serious criminal charge.

As far back as 1996, over two-million people were arrested in the United States for DUI/DWI. More people are charged with “DUI/DWI” than any other criminal offense. That year, 43,040 DUI cases were processed in Arizona’s limited jurisdiction courts (i.e., Municipal Courts, Justice Courts) alone. In the City of Phoenix, 93% of all persons charged with DUI pled guilty without going to trial to fight the charges against them. By pleading guilty, they gave up their right to have a trial before a jury; to confront their accusers; to refute the evidence against them and to force the government to prove each element of every charge against them beyond a reasonable doubt.

Almost every year, the Arizona Legislature changes the DUI laws; the following summary is, accordingly, frequently updated.  Please call or email The Law Offices of John Phebus for the latest, current law.

Possible Penalties

1st Offense Misdemeanor

The maximum potential penalty is 6 months in jail, 5 years of probation, a fine of $2,500 with a surcharge of approximately 80%, alcohol counseling, and the loss of your license for at least 90 days. The minimum penalty is 10 days of jail with the possibility of 9 days suspended pending the alcohol screening and counseling.  If convicted of a DUI, the Motor Vehicle Department will order you to install an Ignition Interlock Device on your car for at least one year. The normal fine is approximately $1,480. The one-day of jail required must be served. There are additional penalties within the court’s discretion.

2nd Offense Misdemeanor

The maximum penalty is the same as a first offense except that a second conviction within 7 years will result in the revocation of your driver’s license for one year. The minimum penalty is 90 days in jail with the possibility of 60 days being suspended pending the alcohol screening and counseling. The normal fine is approximately $3,400.  The Judge must also order you to complete at least 30 hours of community service work.  There are additional penalties within the court’s discretion.

Extreme DUI (above .150%)

If your blood alcohol level is .150 or greater within two hours of driving based on a blood, breath and / or urine sample, you could be convicted of EXTREME DUI. This offense is also a misdemeanor offense. However, the Court will be required to sentence you to a minimum 30 days of jail (none of which is suspended). Normal fines are approximately $2,720 with the same screening and counseling requirements as the other misdemeanor offenses.

If convicted of an Extreme DUI, the Motor Vehicle Department will order you to install an Ignition Interlock Device on your car for at least one year.

If this happens to be your second misdemeanor DUI offense within the last 7 years, then you will also faced enhanced punishment including mandatory 120 days of jail and a fine of approximately $3,670. There are additional penalties within the court’s discretion.

Super Extreme DUI (above a .200%)

If your blood alcohol level is .200 or greater within two hours of driving based on a blood, breath and / or urine sample, you could be convicted of SUPER EXTREME DUI. This offense is also a misdemeanor offense. However, the Court will be required to sentence you to a minimum 45 days of jail (all of which must be served).  Normal fines are approximately $2,720 with the same screening and counseling requirements as the other misdemeanor offenses.

If convicted of a Super Extreme DUI, the Motor Vehicle Department will order you to install an Ignition Interlock Device on your car for at least eighteen months.

If this happens to be your second DUI offense within the last 7 years, then you will also faced enhanced punishment including 180 days of jail and a fine of approximately $4,590, revocation of your driver’s license for at least one year, 30 hours of community service and alcohol classes. There are additional penalties within the court’s discretion.

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