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I’m Facing Another DUI Charge – What Are The Possible Penalties?

Driving under the influence is a serious offence in Arizona. A second DUI is even more serious. If convicted, you face jail time, steep fines, driving license revocation, screening and counseling and mandatory community service.

If you have been charged with a second DUI in Arizona, have an experienced Arizona criminal defense attorney defend you. It just could be difference between getting convicted and sentenced to jail, and walking out of court a free man.

DUI Offenses in Arizona

In Arizona, it is against the law to drive or control a vehicle if you:

  • Are impaired by liquor, drugs or any vapor releasing toxic substances
  • Have a blood alcohol concentration (BAC) of 0.08 or higher within two hours of driving or otherwise controlling a vehicle
  • Have a BAC of 0.04 or more and are operating a commercial vehicle
  • Have any BAC percentage and you are under 21 years.

This above is a standard DUI offense.

You could face higher penalties is you are arrested for more severe DUI offenses such as an aggravated DUI or an extreme DUI.

A DUI offense is aggravated  if a person drives while under the influence:

  • After being convicted of two DUIs in the past seven years
  • With a suspended or revoked driver’s license
  • While a child under age 15 is inside the car

A DUI is an extreme DUI if the offender drives under the influence while having a BAC of 0.15 or higher within two hours of driving. A BAC of 0.20 or higher qualifies for a super extreme DUI offense.

Second DUI Offenses and their Penalties

1. Penalties for Second Standard DUI

Under Arizona law, a person convicted of a standard DUI offense within seven years of a previous DUI conviction, shall

  • Be sentenced to jail for at least 90 days, 30 days of which shall be served consecutively, and is not eligible for probation or suspension of execution of sentence
  • Pay fines of not less than $500
  • Pay assessment fees of $1,250 to the state treasurer in the prison construction and operations fund and $1,250 to the public safety equipment fund.
  • Be ordered to perform at least 30 hours of community service
  • Have the driver’s license revoked for a year
  • Have an ignition interlock device installed in the car for 12 months after reinstating the driver’s license.

2. Penalties for second aggravated DUI

A person convicted of a second aggravated DUI shall face these penalties:

  • At least 8 months in prison
  • At least $4,000 in fines and assessments
  • 12 months driver’s license revocation
  • Use of an IID for 24 months after license reinstatement.

3. Penalties for second extreme DUI

A person convicted of a second extreme DUI shall face these penalties:

  • A jail term of at least 120 days, 60 of which shall be served continuously
  • Fines plus assessments of at least $3,250
  • 12 months revocation of driver’s license
  • Use of an IID for 12 months after reinstatement of license
  • 30 hours of mandatory community service.

4. Penalties for second super extreme DUI

A person convicted of a second super extreme DUI faces:

  • A jail term of at least 180 days, 90 of which should be served continuously
  • Fines plus assessments of at least $4,000
  • A mandatory 12 months’ license revocation
  • 24 months with an IID after the license is reinstated.

If you have been charged with a second DUI, hire an Arizona criminal defense attorney as soon as possible to start preparing your defense. The sooner you do that, the better your chances of escaping conviction. If you have questions about your DUI charges, call us today to schedule a free legal consultation.

Posted in: Criminal Defense, Drunk Driving