Phoenix has some of the toughest penalties for DUI offenses in the nation. This includes convictions for even 1st time non-commercial DUI offenders that carry mandatory jail time. A first time offender is someone who has not received a DUI in the past seven years before the current offense occurs. Phoenix Revised Statute 28-1381 states that:
-
A person can be charged with a DUI if their blood alcohol content (BAC) is .08%, or if their BAC is between .05% and .08% but they are exhibiting signs of being under the influence.
-
Technically, if your BAC is under .05%, you cannot be considered to be driving under the influence of alcohol. However, if you register more than .00% and less than .05% and exhibit signs of being under the influence, you might still face charges of operating a vehicle recklessly at the least.
You can even be charged with a 1st time DUI offense if you are not physically operating a vehicle at the time of your arrest. For example:
-
If you fall asleep behind the wheel of your vehicle, and are in possession of the keys even if they are not in the ignition, you may still be arrested because you are displaying physical control of your vehicle.
Being arrested for a first time DUI offense in Phoenix can be an incredibly frightening and emotionally overwhelming experience, as well as one that can negatively affect your life in many ways. Therefore, if you find yourself charged with a 1st time DUI offense, it is important to consult a reputable attorney with extensive experience defending DUI cases of all types in Phoenix. You should also choose a defense attorney who will aggressively fight to make sure your rights are being upheld at all times throughout the DUI legal process.
Penalties for a 1st Time DUI Offense in Phoenix
If you are convicted of a first time DUI offense in Phoenix, you face a class 1 misdemeanor, which includes:
-
Up to six months in jail, with a minimum sentence of 10 days behind bars (with up to 9 suspended).
-
Total costs of up to $2100 plus any other liabilities you may incur.
-
Fines of $750 or more.
-
Attending alcohol counseling or treatment.
-
Losing your license for at least 90 days and up to one year.
-
State sanctioned driving courses.
-
Probation or community service.
Financial penalties are a large part of a 1st time DUI conviction, and can include:
-
Paying for your mandatory alcohol classes.
-
Paying for your ignition interlock device during the year it is on your vehicle.
-
Paying for your time in jail.
-
Paying up to $750 in fines.
-
Paying extra for an SR-22 car insurance policy once you get your vehicle back.
-
Paying higher car insurance premiums for up to three years.
All totaled, if you are convicted of a 1st time DUI offense in Phoenix, you may face almost $15,000 in financial penalties, above and beyond mandatory incarceration. Also, it is important to understand that if you cause an accident that damages property, or injures anyone while you are driving under the influence, you may not be eligible for first time offender status, and will face much harsher penalties.
Trust Phoenix DUI Attorney With Your 1st Offender DUI Defense in Phoenix
The consequences for being convicted of a first time DUI offense in Phoenix are very costly both financially and emotionally speaking. Therefore, it is essential to consult a defense attorney with proven experience defending DUI offenses of all types and severities. We will not stop fighting for your rights, by making sure that every possible legal option and defense strategy is available to you. If you are facing any kind of DUI charge in Phoenix, even a first offense, contact us today for a private, no obligation consultation at 480-900-5177.
