The Behan Law Group, P.L.L.C.

520-220-5047

1-877-MISS-DUI / 1-877-647-7384

Se Habla Español
945 N. Stone Ave, Tucson, AZ 85705

Misdemeanor Sentencing Chart

Graham County Misdemeanor Sentencing Chart

Pima County, Arizona

Effective: 1/1/17 to Present

Maximum Sentence on each charge JAIL FINE (not inc. surcharges/assessmts.) PROBATION
CLASS 1180 DAYS$2,500.0060 MONTHS*
CLASS 2120 DAYS$750.0024 MONTHS
CLASS 330 DAYS$500.0012 MONTHS

* Up to 36 months for a Domestic Violence conviction


REGULAR D.U.I. BAC 0.08 - 0.149

Minimum Sentence on each charge JAIL FINE (as of 1/1/17) w/ surcharges/ assessments PROBATION LICENSE CLASSES OTHER
1ST OFFENSE 10/9 [1]
JAIL FEES
$1538.00 +
$196 + $20
12 MONTHS
UNSUPERVISED
90 DAYS [2]
SCREENING
LEVEL I/II TREATMENT
MADD VIP
INTERLOCK (12/6 mo.[3])
2ND OFFENSE
w/in 7 yrs
180/150 [4]
JAIL FEES
$3,498.00 24 MONTHS
MONITORED
1 YEAR
REVOCATION [5]
SCREENING
LEVEL I/II TREATMENT
MADD VIP
INTERLOCK (12 mo.)
30 hrs. Com. Svc.
3RD OFFENSE
w/in 7 yrs
FELONY(CL4)
4 MONTHS
D.O.C.
UP TO
$170,000
ADULT PROBATION 3 YEAR REVOCATION
SCREENING
TREATMENT INTERLOCK (24 mo.) & FORFEITURE

EXTREME D.U.I. (+.150)

Min. Sentence on each charge JAIL FINE w/ surcharges/ assessments PROBATION LICENSE CLASSES OTHER
1ST OFFENSE 180/150 [6]
JAIL FEES
$2,788.00 24 MONTHS
MONITORED
90 DAYS
SCREENING
LEVEL I/II
TREATMENT
MADD VIP
INTERLOCK (12 mo.) IMPOUND
2ND OFFENSE
w/in 7 yrs
120 PCJ
60 CONSEC.
JAIL FEES
$3,778.00 24 MONTHS
MONITORED
1 YEAR
REV.
SCREENING
LEVEL I/II
TREATMENT
MADD VIP
INTERLOCK (12 mo.) IMPOUND
30 hrs. Com. Svc.
3RD OFFENSE
w/in 7 yrs
FELONY(CL4)
4 MONTHS
D.O.C.
UP TO
$170,000
ADULT PROBATION 3 YEAR REVOCATION
SCREENING
TREATMENT INTERLOCK (24 mo.) & FORFEITURE

SUPER EXTREME D.U.I. (+.200)

Min. Sentence on each charge JAIL FINE w/ surcharges/ assessments PROBATION LICENSE CLASSES OTHER
1ST OFFENSE
Super Extreme
180/135 [7]
JAIL FEES
$3,248.00 24 MONTHS
MONITORED
90 DAYS
SCREENING
LEVEL I/II TREATMENT
MADD VIP
INTERLOCK (18 mo.)
IMPOUND
2ND OFFENSE
w/in 7 yrs
Super Extreme
180
90 CONSEC.
JAIL FEES
$4,668.00 24 MONTHS
MONITORED
1 YEAR
REVOCATION
SCREENING
LEVEL I/II
TREATMENT
MADD VIP
INTERLOCK (24 mo.)
IMPOUND
30 hrs. Com. Svc.
3RD OFFENSE
w/in 7 yrs
FELONY(CL4)
4 MONTHS
D.O.C.
UP TO
$170,000
ADULT PROBATION 3 YEAR REVOCATION
SCREENING
TREATMENT INTERLOCK (24 mo.) & FORFEITURE

Comments:

DX/DUI: No interlock device requirement if:
A. Convicted of 28-1381(A)(3) only and;
B. Alcohol/drug screening completed and;
C. Court determines that no alcohol education or treatment is required.

[1] Effective 1/1/12, the DUI statute changed from a 24 hour requirement to "one day." State v. Carnegie generally indicates any portion of a day constitutes "one day" unless otherwise specified in the applicable statute.

[2] May be eligible for restricted license after 30 days with DHS approved alcohol/substance abuse screening.

[3] 12 months interlock device requirement reduced to 6 months if:

  • Sentenced pursuant to 28-1381(I)
  • Completed alcohol ed. program (16 hrs. min.)
  • Interlock device installed, maintained and reported to MVD as required
  • No positive blows (+.08 two or more times)

[4] A 30 day PCJ sentence on a 2nd offense Reg. DUI requires 6 days in jail so long as the person agrees to complete an alcohol screening and corresponding treatment. THEN apply 9-499.07. 20% of the term of incarceration (30 days) is 6 days in jail. Therefore, a 2nd offense Reg. DUI requires 6 days in jail followed by 24 days Home Detention pursuant to 9-499.07.

[5] After completing 45 days of the revocation period a person may be eligible for a special ignition interlock restricted driver license (SIIRDL).

[6] A 30 day PCJ sentence on a 1st offense XDUI requires only 9 days in jail if the person installs a certified ignition interlock device for 12 months. THEN apply 9-499.07. 20% of the term of incarceration is actually required. Therefore, an XDUI 1st offense requires 2 DAYS IN JAIL. The balance (7 days) is eligible for Home Detention pursuant to 9-499.07.

[7] A 45 day PCJ sentence on a 1st offense SXDUI requires only 14 days in jail if the person installs a certified ignition interlock device for 12 months.THEN apply 9-499.07. 20% of the term of incarceration is actually required. Therefore a SXDUI 1st offense requires 3 DAYS IN JAIL. The balance (11 days) is eligible for Home Detention pursuant to 9-499.07.

Misdemeanor DUI in Arizona FAQs

Q

What Are the Penalties for DUI in Arizona?

Answer: DUI is punished harshly in Arizona to deter unsafe driving practices, and convictions can result in fines over $1,000 and mandatory jail time, even for first offenders. Other penalties include a driver’s license suspension, probation, community service, substance abuse treatment, and the requirement to use an ignition interlock device.

Q

How Does Arizona Classify Misdemeanor Offenses?

Answer: There are three grades of misdemeanors in Arizona, from least to most serious: Class 3, Class 2, and Class 1. All three classes carry the potential for jail time and anywhere from hundreds to thousands of dollars in fines.

Q

What Is the Difference Between a Class 1, Class 2, and Class 3 Misdemeanor in Arizona?

Answer: A Class 3 misdemeanor covers lesser offenses such as speeding, loitering, or abandoning the scene of a car accident with a parked car. A charge could be escalated to a Class 2 misdemeanor when other people are placed at risk of serious harm, with offenses including reckless driving, fleeing the scene of a car accident, possession of a controlled substance, or contempt of court. A Class 1 misdemeanor is a step below a felony in severity, and it may include violations such as assault resulting in injury, street racing, resisting arrest, driving with a suspended license, and shoplifting of merchandise totaling less than $1,000 in value.

Q

What Are the Penalties for a Class 1 Misdemeanor in Arizona?

Answer: A Class 1 misdemeanor comes with the possibility of six months of jail time and $2,500 in fines before surcharges and assessments.

Q

How Is Sentencing Determined for a Misdemeanor DUI in Arizona?

Answer: Misdemeanor DUIs in Arizona are typically charged as Class 1 offenses. The sentence for a DUI conviction can vary depending on your blood alcohol content (BAC) at the time of the incident. If a breathalyzer or blood test showed that you were above the legal limit of .08% but below .14%, you will face regular DUI charges. You may be charged with extreme DUI if your BAC was found to be between .15% and .19%. At a BAC of .20% or more, you can be charged with super extreme DUI.

Q

What Are the Fines for a Misdemeanor DUI Conviction in Arizona?

Answer: All DUI charges in Arizona come with minimum fines as well as surcharges and assessments. Fines and miscellaneous fees for a regular DUI charge could total around $2,000. For Extreme DUI, you can expect to pay more than $2,700, and fines for Super Extreme DUI will be above $3,200.

Q

Can a Misdemeanor DUI Result in Jail Time in Arizona?

Answer: Yes. A DUI conviction in Arizona comes with minimum jail time, even for first offenses. A regular DUI charge carries a minimum of 10 days in jail, although nine days can be suspended. Extreme DUI carries a 30-day minimum jail sentence. Super Extreme DUI carries anywhere from 45 days to six months in jail.

Q

What Factors Can Increase Sentencing for a Misdemeanor DUI in Arizona?

Answer: Your BAC is usually the biggest determinant in an Arizona DUI sentence. However, you could face felony charges for DUI if you are caught driving with a license that was suspended because of a DUI conviction, driving with a minor passenger under the age of 15, or for a third DUI conviction within a seven-year period.

Q

What Is the Penalty for a First-Time Misdemeanor DUI in Arizona?

Answer: A regular, first-time DUI charge in Arizona is a misdemeanor offense punishable by a minimum of 10 days in jail and fines as high as $2,500. In addition, your license will be suspended for 90 days. Depending on the circumstances, you might have to install an ignition interlock device (IID) in your vehicle.

Q

How Does Probation Work for Misdemeanor Offenses in Arizona?

Answer: Probation is an alternative sentence to jail time for a misdemeanor conviction. It is a kind of release that holds you to certain terms that, if not obeyed, could result in you being incarcerated or your probation being extended. These terms could include community service, drug testing, a curfew, or prohibitions against drinking or using drugs. If these terms are violated, you could be summoned to court to appear in a probation hearing and present your defense. The prosecution does not have to prove the violation beyond a reasonable doubt, only that it was likely that you violated the terms of your probation.

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