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Speak Up! - View Question #72 |
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Question: What happens when you are charged with an extreme D.U.I. when you are under 18?
Answer: Arizona Law (ARS 28-3321) describes the penalties a person under eighteen has when they have a traffic violation. Specifically, for the first offense, the person under eighteen attends traffic school; on second offense, the person under eighteen has their driving privileges suspended for three months; and on the third offense, the person under eighteen has their driving privileges suspended for six months.
This law, however, does not include "driving under the influence" laws (ARS 28-1382 or ARS 28-1381) which are criminal offenses. Even though you are under 18, it does not give you any special treatment. DUI's and Extreme DUI's do not take into account the fact that you are under 18 when determining your punishment. And that's due to the severity of the crime - you can cause serious damage to not only your life and property, but to others on the road. The state wants to protect everyone and everything it can from people driving under the influence.
When you are convicted of an Extreme DUI, you are guilty of a class 1 misdemeanor [see explanation of misdemeanors, felonies, and their degrees of severity] and subject to the following punishment (ARS 28-1382(D)):
1. Mandatory 30 consecutive days in jail;
2. Mandatory payment of at least $250 fine;
3. Mandatory additional assessment of at least $250;
4. Possible additional community service requirements;
5. Mandatory application of a certified ignition interlock device to any motor vehicle you operate. The judge may also order that you have a certified ignition interlock device applied to any motor vehicle you operate for more than 12 months beginning on the conclusion of the license suspension or revocation or on the date of conviction, whichever occurs later.
The judge is also allowed to suspend 20 days of jail time if you complete a court ordered alcohol or drug screening, education or treatment program (ARS 28-1382(E)).
If you get convicted of an extreme DUI for a second time, you receive added punishments (ARS 28-1382(F)):
1. Mandatory 120 days in jail, 60 to be served consecutively;
2. Mandatory payment of at least $500 fine;
3. Mandatory additional payment of at least $250;
4. Possible additional community service
5. Mandatory revocation of driving privileges for one year.
6. Mandatory application of a certified ignition interlock device to any motor vehicle that you operate. In addition, the court may order you to equip any motor vehicle you operate with a certified ignition interlock device for more than twelve months beginning on the conclusion of the license suspension or revocation or on the date of conviction, whichever is later.
The judge is allowed to suspend 60 days of jail time if you complete a court ordered alcohol or drug screening, education or treatment program (ARS 28-1382(G)).
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