Under Arizona law (A.R.S. §28-1381), a DUI is defined by a Blood Alcohol Content (BAC) of .08% or higher. Penalties increase at a BAC of .15% for Extreme DUIs and .20% for Super Extreme DUIs. Arizona mandates jail time for DUI convictions, with a minimum of 10 days for a first Standard DUI. Chuck Franklin has represented over 4,300 DUI cases, offering direct legal counsel to reduce jail time, fines, and other penalties.
| DUI Type | BAC Threshold | Mandatory Min. Jail (1st Offense) |
| Standard DUI | .08% – .149% | 10 Days (9 may be suspended) |
| Extreme DUI | .15% – .199% | 30 Consecutive Days |
| Super Extreme | .20% or Higher | 45 Consecutive Days |
Arizona categorizes DUIs into three main tiers based on Blood Alcohol Content (BAC) levels, with penalties increasing as BAC rises.
– Standard DUI: A BAC of .08% to .149% carries a mandatory minimum jail sentence of 10 days. However, 9 of those days may be suspended if specific conditions are met, such as completing court-ordered alcohol education programs.
– Extreme DUI: A BAC of .15% to .199% triggers a mandatory minimum of 30 consecutive days in jail, with no option to suspend the sentence. Additional fines and penalties also apply.
– Super Extreme DUI: For BAC levels of .20% or higher, offenders face a mandatory minimum of 45 consecutive days in jail, along with significantly increased fines and harsher penalties.
Drivers should also be aware that Arizona law allows DUI charges even when a driver’s BAC is below .08% if the driver is found to be “impaired to the slightest degree” by drugs or alcohol. This means that impairment, not just BAC, can lead to a DUI conviction, making legal defense critical in these cases.
Specialized DUI defense strategies address unique case factors to protect your rights and reduce penalties.
First-Time DUI Offense
A first DUI often carries the lightest penalties, but it can still result in fines, mandatory jail time, and a permanent record. The focus is on minimizing penalties, protecting your driver’s license, and exploring rehabilitation options.
Each first offense DUIcarries with it a mandatory drivers license suspension that often can be separate and apart from a DUI conviction.
IMPLIED CONSENT
Implied consent means that when you receive your drivers license, you have consented to law-enforcement requesting and receiving a breath or other bodily substance, including blood and urine to determine the presence of drugs or alcohol and pairing your ability to drive. If you refuse and don’t agree to blood or breath, including urine than your driver’s license will be suspended for a period of one year better to voluntarily give it up and have me fight any issues with MVD and/or a court of law than you lose your license for a year. The police will get a search warrant and take it one way or another.
Repeat DUI Offenses (Within 84 Months)
Arizona imposes harsher penalties on repeat offenders, including longer mandatory jail sentences, a 1-year license revocation, and higher fines. These cases require an aggressive defense to challenge the evidence and minimize consequences.
Aggravated Felony DUI
Aggravated DUI charges apply when minors are in the car, when driving with a suspended license, or when committing a third DUI within seven years. These charges can lead to felony convictions, requiring detailed analysis and a robust legal strategy. When charged as a Class Four Felony, often it is a minimum of four moths in prison.
Drug & Marijuana DUI
Even with legalized marijuana under Proposition 207, Arizona enforces strict DUI drug laws. Blood tests and metabolite evidence are critical in these cases. Timing and procedural challenges are essential to building a defense. The presence of THC and marijuana and it’s metabolites are not in end of itself proof of impairment in a DUI pot prosecution.
Properly tailored defense strategies address each case’s unique circumstances.
Chuck Franklin provides unparalleled DUI defense with direct attorney-to-client access—no case managers or intermediaries. Clients receive his personal cell number for immediate communication. With over 200 jury trials, Chuck brings extensive courtroom experience, ensuring your case is trial-ready if the prosecution refuses a fair resolution. His knowledge of Arizona’s DUI laws and court systems, gained through service to Scottsdale, Phoenix, Tempe, surrounding areas and throughout the state of Arizona since 1987, enables him to anticipate local legal challenges and strategies effectively.
Defenses include disputing the officer’s “Reasonable Suspicion” for initiating the traffic stop or challenging the “Probable Cause” for your arrest. Additionally, errors in the calibration, maintenance, or use of breathalyzer or blood-testing equipment can be grounds for dismissal.
No, but you must act quickly. You have 30 days from the date of your arrest to request an Administrative Hearing with the Motor Vehicle Division (MVD) to contest the suspension.
A first offense can result in fines exceeding $1,500, plus additional costs for jail, Interlock devices, and higher insurance premiums. Total expenses often exceed $3,000.
Arizona’s DUI laws impose some of the toughest penalties in the country, but you don’t have to navigate the system alone. Chuck Franklin brings almost 40 years of experience and a proven record of defending more than 5,000 DUI cases. His hands-on approach ensures you receive personalized attention and direct access to an experienced attorney who understands the complexities of Arizona’s DUI laws.
From first-time offenses to aggravated/felony DUIs, Chuck’s expertise enables him to craft effective defense strategies tailored to your specific situation. Whether challenging the legality of the traffic stop, disputing blood test results, or negotiating reduced penalties, Chuck fights to protect your rights and future.
Don’t leave your case to chance. Contact Chuck Franklin for skilled representation and practical legal guidance. Take the first step toward resolving your case today by calling directly or requesting a free consultation.