Frequently Asked Questions About DUI Law
What is a DUI?
A DUI is a criminal charge in Arizona. If convicted, it becomes part of your permanent criminal record. It can be either a misdemeanor or a felony, depending on the facts of the case and your criminal history. In Arizona, DUI is a very serious crime regardless of the classification.
Why was I charged with more than one DUI?
There are multiple ways of charging a DUI in Arizona. Typically, the law enforcement agency or prosecutor's office will charge you with as many of the charges as fit. For instance, if you have a body alcohol content of .080, you can be charged with ARS 28-1381(a)(1) and ARS 28-1381(a)(2). The "A1" charge alleges you were impaired by alcohol, while the "A2" charge alleges that you were above the legal limit of 0.080. If your body alcohol content was at 0.150 or higher, expect to see three counts of DUI on the citation or complaint. This is because you are being charged with the "A1," the "A2" and ARS 28-1382, or "Extreme DUI." If you were found to have drugs in your system, you can be charged with the "A3" offense, in addition to the "A1," because the government may allege that you not only had the drug in your system, but that you were also impaired by it.
If I'm stopped for DUI, should I do the Field Tests?
You have an absolute right not to perform field sobriety testing, and we recommend that you politely refuse by telling the officer as follows: "Officer, I understand that you want me to preform certain tests. I am not unwilling to perform them, but I want to talk with an attorney before I agree to do so." This will usually prompt the officer to arrest you then and there. Don't panic. This would ultimately happen anyways. By speeding up the arrest, you have now deprived the officer of an opportunity to fabricate or embelish as to the results he/she observed.
If I am charged with DUI, will it really help to hire a lawyer?
If you want any increased chance of reducing or beating the charges, then it is a good idea to have a lawyer who is intimately familiar with the Arizona DUI court you are in.
If you can't afford to hire a private attorney, by all means, get a public defender or assigned counsel. You wouldn't operate on yourself, or pull your own tooth. If you wouldn't try to give birth alone. If you have no mechanical knowledge, you don't try to do major repairs on your car. Why would you try to represent yourself against a serious criminal charge... a DUI?
It depends which jail in Arizona you are doing time in for DUI. You should always call ahead to the jail for a list of items you can bring with you. Sheriff Joe's Tent City, for instance, typically allows you to bring in five dollars in quarters for the vending machines.
Where will I go to jail for a 10-day sentence in Maricopa County?
For a 10-day extreme DUI sentence in Maricopa County, you are generally sent to Sheriff Joe's Tent City.
Can I get work release on a Misdemeanor DUI?
Yes. Work release is available. The Judge must approve it. If your sentence is longer than 15 days, you must also pass a medical before being granted work release.
If I lose my trial, will they take me to jail immediately?
If you are charged with a class 4 felony, they will typically take you into custody right away following a conviction. This is because you will have to do a minimum of 4-months in prison anyways.
If you are convicted of a misdemeanor, you will typically not be taken into custody at the time of conviction or sentencing, but instead will be allowed to self-surrender to the jail on a date you chose (typically not more than 30-days after your conviction for DUI in Arizona.
If I get a DUI in Scottsdale, can I serve time in the Scottsdale City Jail?
If you are convicted of a DUI in Scottsdale, whether or not you will be allowed to serve your jail sentence in the Scottsdale City Jail rather than in the Maricopa County Jail will depend on how many days you are sentenced to. If you are convicted of a regular DUI in Scottsdale (as opposed to an extreme DUI) it is usually an option. HOWEVER, be cautious when agreeing to go to the Scottsdale Jail as opposed to the Maricopa County Jail. Why? Because the Maricopa County jail has a work release program (where you can actually go to work and get credit for those hours as if you were in jail), and the Scottsdale Jail does not. This is a good topic to discuss with the Attorney representing you in your Scottsdale DUI case prior to agreeing to any plea bargain.
Can I be charged with DUI if I wasn't driving the car?
That depends on where you were in relation to the car. If you had a present ability to move the vehicle you may be charged with DUI by virtue of being "in actual physical control" of the vehicle. The most common scenario is when a person pulls over to sleep it off, and the officer discovers him asleep but the the ignition on and the car in park.
Can I be charged with DUI if I was sleeping in my car?
Yes. If the officer believed that you were in "actual physical control" of the vehicle, in Arizona you can be charged with a DUI. This means that you had the present ability to move your vehicle and pose a danger to yourself or others on the road.
Can I get my Arizona DUI expunged?
No. Currently there is no provision that will allow a person convicted of DUI in Arizona to have the conviction removed from his criminal record.
Unless you either 1) hurt somebody in an accident, 2) had a suspended license at the time of your DUI, 3: had two or more prior DUIs in the last 7 years; or 4) had a child in the car at the time of your DUI, then it is a misdemeanor.
No. It is a misdemeanor, the same as regular DUI. There are major differences in potential penalties and the stigma that comes with an "extreme" is different.
What if my license was suspended from another state?
If you are pulled over for a DUI in Arizona and your license was suspended from another state, it is possible for the State to charge you with Aggravated (felony) DUI. However, it may prove difficult to prove the charges against you without a custodian of records from the suspending state coming to Arizona to testify against you at your trial.
Do I have a right to refuse field testing?
According to a recent decision by the Arizona Court of Appeals, Div 1, the answer is no.
How can I avoid SR22 insurance?
If this is your first DUI and you are going to plead guilty to a misdemeanor DUI charge in Arizona you can avoid SR22 insurance if you did not refuse to take a chemical test and the MVD is seeking to suspend your license administratively.
If you get an Administrative suspension (as opposed to just a suspension from the DUI conviction itself, you will not have to carry hign risk insurance in Arizona. There are a number of variables that may impact this equation that only a knowledgable attorney throughally familiar with the facts of your case will be able to discern. Therefore, you should always act following the advice of your DUI Attorney in order to ensure that you will avoid to pay for high risk (SR-22) insurance.
Can I negotiate with the MVD on my license suspension?
No. The Arizona MVD does not engage in negotiation in regards to license suspensions for DUI. In regards to suspensions or revocations for drunk driving in Arizona, it is all or nothing. So, if you want to save your driving privileges, you must fight and win any suspension hearing that you may be subjected to.
Ignition Interlocks
When must I get the Ignition Interlock installed?
If your driving privileges have already been reinstated you must do it now. If your license is still suspended or revoked and you have not reinstated it, as soon as you are eligible to reinstate your driving privileges, you must have the device installed and then reinstate your privileges.
How does the Arizona MVD know if I need an Ignition Interlock Device on my vehicle?
If you are convicted of a DUI in Arizona, the Court will immediately notify the MVD. The MVD will then place a status code with the number 61 on your driving record. Officers can see this code if they stop you and request it.
Will people be able to see my Ignition Interlock Device?
That depends on their point of view. If they are in the vehicle with you, you will not be able to hide it. Many people avoid having passengers unless absolutely necessary during their year of having the IID. Many people also duck down out of sight when they blow. Then, typically, they get used to having it in their car and it is no big deal.
What if I drive a company vehicle?
If you drive on the job in a vehicle owned 100% by your employer, and your employer is willing to sign a waiver allowing you to drive that vehicle on the job without an interlock device, then you may be eligible to such an exception to the IID restriction.
How much will an igntion interlock device cost?
It depends on the company. Expect to pay from $60 - $80 per month. Some companies give a discount if you pay for the entire year up front.
Insurance
Will my insurance company cancel me because of my Arizona DUI?Insurance coverage is a private contractual matter, and therefore there is no cut and dry answer. Some companies will cancel you for an Arizona DUI conviction, others will take the opportunity to raise your premium. If you already have points on your license, or if you have recent prior DUI convictions, then you are a more likely candidate for cancellation of your insurance policy.
What is SR-22 insurance?
After being told they were cancelled by their insurance company because of a DUI, many people shop around and actually find better coverage at a lower premium with another company. It is up to the individual charged with DUI to do the legwork to find out what will happen the their auto insurance in their particular case.SR-22 is an insurance policy that basically ensures that the MVD will have on record that the driver is insured. With the modern system, it is somewhat of an anachronism in Arizona, but remains in DUI cases (likely due to a strong insurance lobby).
How long will the insurance company be able to see the DUI on my record?
Generally speaking, for 39 months.
Chemical Tests
Do I have a right to speak with an attorney prior to taking a chemical test?No. While you ARE under arrest when an officer asks you for a blood, breath or urine test, Arizona case law states that you don't have a right to speak with an attorney prior to making the decision of whether or not to submit to a test in regards to your Arizona DUI arrest. As a practical matter, if you ask for an attorney, most officers will allow you to try to contact one as long as it does not interfer with them getting their sample in a timely matter. But, if the officer insists on the test first, and you say no because you want to speak with a DUI lawyer, chances are that the MVD will still consider this to be a valid refusal.