Driving Or Actual Physical Control While Under The Extreme Influence Of Intoxicating Liquor Phoenix

PRACTICE AREAS /

ARS 28-1382 makes it illegal for a person to drive under the extreme influence of alcohol, meaning with a blood alcohol level of .15 or more. Even a person who tests at above a .15 alcohol level 2 hours after parking their car may be charged with driving under the extreme influence of alcohol, depending on the circumstances.

Penalties

If you are deemed to be excessively under the influence of alcohol, the state of Arizona will charge you with a class 1 misdemeanor. This level of misdemeanor holds a maximum jail term of 6 months, and a maximum fine of $2,500.

More likely however, you will be sentenced to 30 days in jail, to be served consecutively, and will not be eligible for release until the whole term has been served. You will receive a minimum fine of $250, and may need to attend community restitution. You may also be required to have any vehicle you drive fitted with an ignition interlock system that will not allow you to drive if it detects any alcohol in your system.

If you reoffend within the next 84 months, you will face a minimum of 120 days in jail, with at least 60 to be served consecutively. Offenders will also face further fines and will have to serve a minimum of 30 hours of community restitution, as well as having your driver’s license revoked for 12 months. A judge may also order you to attend and pass a traffic survival school course.

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Peter Johnson

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