Paul Pelosi’s DUI Arrest & What Would Have Happened If He Was Facing This Case in Arizona

On May 28, 2022, Speaker of the House Nancy Pelosi was at a commencement ceremony at Brown University on the East Coast. However, that night, her husband since 1963, Paul Pelosi, was on the opposite side of the country getting into trouble. To be more specific, he was in Napa Valley, a region in Northern California widely renowned for its wine. And while you would assume that most people of that caliber have private drivers, Paul Pelosi did not. He was arrested for DUI that night, which has been quite the scandal in the political world.

Details About The Crash & Arrest

Paul Pelosi’s lawyer has made statements about the night of the crash to the public. The crash occurred one night after he was leaving a gathering at his friend’s house around 10:15 PM. Pelosi was trying to cross State Route 29 in Oakville when the collision occurred. He was in a 2021 Porsche, while the other driver was in a 2014 Jeep. Pelosi was arrested and taken to the police station, where he tested for a BAC of .082 two hours after the accident. The legal limit in California is .08. Because the other driver’s injuries weren’t severe, Pelosi was charged with a misdemeanor as opposed to a felony.

Pelosi’s arraignment is set for August 3, 2022. His bail was $5,000, which we can assume has been paid. Under California law, he faces up to five days in jail, five years of probation, installation of an ignition interlock device in his vehicle, fines, and traffic school.

What Would Be The Consequences If It Happened In Arizona?

In Arizona, because Pelosi’s BAC was .082, he would be charged with a standard DUI. This is the charge for a BAC range of .08 to .149. You can still be charged with DUI in Arizona if your BAC is .04-.079 and the officer believes you are too intoxicated to be driving. If your BAC is .15 to .19, you will be charged with Extreme DUI, and Super Extreme DUI if your BAC is .20 and above. All of these charges are misdemeanors. Certain factors can increase the charge to aggravated DUI, which is a felony.

Arizona Revised Statutes § 28-1381 is the law regarding driving under the influence and includes penalties based on the DUI classifications. Anyone convicted of a standard DUI will be ordered to pay a minimum of $1,250 in fines and assessments. They will need to serve 10 days in jail, but 9 of them can be suspended. The judge can order the driver to install an ignition interlock device in their vehicle for more than 12 months after completing drug and alcohol screening and counseling. The driver will also face driver’s license suspension or restrictions, and most likely be ordered to complete community service.

The penalties listed above are only those specifically described in Arizona’s DUI law. However, there are several tangential consequences that someone convicted of DUI in Arizona will face. A DUI in Arizona means 8 points on your driving record. In Arizona, if you incur 8 points on your driving record in one year, you will need to complete Traffic Survival School and your driver’s license can be suspended for up to 12 months. An ignition interlock device can be expensive to install and maintain every month and may require regular inspections. After a DUI conviction, you will also need to switch your auto insurance policy to a high-risk, or SR-22, auto insurance policy. This type of auto insurance can cost around twice as much as a standard auto insurance policy. If you retained a public defender for your case, you may be required to pay a charge related to that. A.R.S. § 11-584 allows for the county to require reasonable reimbursement for public defender representation if it won’t be too burdensome on the defendant.

Penalties For Higher Level DUI Charges in Arizona

Arizona’s DUI laws are strict- he probably won’t serve any jail time since he was arrested in California but would have a mandatory jail sentence of at least one day had he been arrested for DUI in Arizona. The penalties are even stricter if you are convicted of a higher-level DUI. Extreme and Super-extreme DUI are misdemeanors. Aggravated DUI is a felony. You will also face stricter penalties if you are convicted of more than one DUI at any level.

If you are convicted of a second or subsequent DUI offense, your minimum jail sentence will be 90 days. Your minimum fine will be $3,000, and your driver’s license will be revoked for 12 months. You will need to install an ignition interlock device in your vehicle and complete community service. All of these penalties will be harsher if any of your convictions are for higher-level DUIs.

For a first extreme DUI conviction in Arizona, the minimum jail sentence is 30 days. The minimum fine is $2,500, and you will be required to complete additional community service and ignition interlock device use. A super extreme DUI comes with a 45-day jail sentence, fines starting at $2,750, and all of the other penalties described above.

An aggravated DUI is the most serious type of DUI charge in Arizona. There are five factors that “aggravate” a DUI into a felony: (1) having a passenger under 15 years old; (2) getting three DUIs in 7 years; (3) being arrested with an active order to install an ignition interlock device; (4) being arrested while driving on a suspended, revoked, or canceled driver’s license; (5) driving down the wrong side of the highway. The minimum penalties for an aggravated DUI in Arizona are four months in prison, $4,000 in fines and assessments, driver’s license revocation, and 1-2 years of ignition interlock device use. Being convicted of a felony takes away your rights, including owning a firearm, voting, and running for public office.

What to Do If You’re Arrested for DUI in Arizona

If you get arrested for DUI in Napa Valley like Paul Pelosi, we can’t help you. But for those arrested for DUI in Arizona, defense work needs to begin immediately to reduce all the potential negative consequences of conviction, including incarceration. Even if that means speaking to a friend or family member on your behalf while you are still in jail, our Arizona defense lawyers will move quickly to preserve evidence and negotiate with prosecutors in your case. Depending on the facts of your case, we may be able to negotiate a favorable plea deal or take your case to a not-guilty verdict at trial.

While dealing with a DUI arrest, you may be spending extra on alternative transportation, impound fees, missing work, and more. This can make finding room in your budget for a private defense attorney difficult. At My AZ Criminal Defense, we believe that high-quality private DUI defense representation doesn’t just have to be for the extremely wealthy. Our experienced Arizona defense team offers payment plans for DUI clients that start as low as $0 down. To learn more about what we can do to help your situation, fill out our online form or call 480-833-8000 to set up your free consultation.