Driving Under The Influence (dui), Incarceration Penalties Under Misdemeanor And Felony Offenses

Are you brave enough to drive when you are drunk

? If you are, you will be facing one big offense when caught and the consequence of DUI can be very severe, especially when you committed it in the state of Arizona. All states in USA are very strict about this infraction however, it is strictest in Arizona.

Like any crime, driving under the influence also has different levels of severity depending on your situation. When you are facing a DUI-related offense, you are in a serious legal situation that should be battled with the most solid defense. You should immediately consult and hire an experienced lawyer in this field of the law.

Having committed the offense in Arizona, here is an overview of what to expect when you are charged with the violation. As you read along, you will discover how grave this crime is such that you will think twice or thrice before you dare drive under the influence of alcohol or prohibited drugs.

You can either be charged with misdemeanor or felony cases. How each one is applied depends on several factors. However, the penalties consist of jail term, fines, suspension of driving license and counseling. Here, I will be pinpointing the number of days of jail term.

Misdemeanor and the different penalties based on severity of offense when charged

If it is your first DUI charge with a BAC of 0.08, your jail term can be a minimum of 10 days that can go as high as 180 days. Some of the jail term can be suspended by the court upon your concurrence to undergo an alcohol (or drug) assessment and that you are amenable to undergo treatment. A second offense is jail term of 90 to 180 days and this is also provided with option to reduce the jail term if you accede to the recommended treatment and counseling.

Now, we have what is called extreme DUI and this is imposed to you if your BAC is 0.15 or higher. For first time offense, the jail term is 30 to 180 days with suspension of some number of days when you undergo counseling and treatment. Second offense is 120 to 180-day jail term, also with possible suspension of 60 of the 120 days.

A first offense of a super extreme DUI case is charged when your BAC is 0.20 or more. Incarceration period is 45 to 180 days sin option for reduction. Second offense is penalized with 180-day mandatory jail term without option for suspension.

Felonies and the different penalties based on severity of offense when charged

There are two classes of felony cases, Class 4 and Class 6 which are both described as felony aggravated DUI.

Class 4 felony aggravated is an extension of the DUI misdemeanor offense. This is charged to you if you commit a third offense within a span of 7 years. Here, your driving license will be imposed with suspension or restriction. When convicted, the jail term is 4 months minimum.

Class 6 aggravated felony is charged when you are caught driving under the influence and there is a child who is below 15 years old inside the car. Jail term will be determined subject to pertinent statutes.

For any of the violation, your objective is to be penalized with the minimum possible jail term. You can only attain this goal if you have a good DUI lawyer acting in your defense.

by: John Smithes

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