Arizona DUI Laws Third Offense

This is the conclusion a four part series about Arizona DUI Laws in 2024 addressing a third DUI offense and the consequences if convicted.

Arizona DUI Law 2024: The Third DUI Offense

A third DUI conviction, meaning two prior DUI convictions where you have exceeded the legal limit and are under the influence of alcohol, drugs, or other intoxicating substance while driving in the state of Arizona, occurring during Arizona’s “look-back period’ time frame of within 84 months (seven years) of the first conviction is automatically prosecuted as an aggravated DUI, a Class 4 felony charge under Arizona Revised Statute §28-1383(A)(2).
 

Multiple Class 4 DUI felonies

A prior DUI conviction from another state is included to make a third Arizona DUI if the out-of-state offense fell within Arizona’s 7-year lookback period.

A Class 4 felony charge DUI may be bundled with the look-back violation if the offender was driving with a suspended, restricted, or revoked license, or was driving on the wrong side of the road, including on city streets.
 

Criminal Penalties of a Class 4 felony conviction

The consequences of a felony DUI conviction are significantly increased beyond misdemeanor DUI level punishments.

State prison

Felony charges mean mandatory jail time becomes state prison time. A third DUI conviction requires a minimum of four months of prison time in a state prison. Arizona law allows incarceration periods comprised of 1, 1.5, 3, and a maximum of 3.75 years.

Minimum fines

Severe penalties with minimum fines totaling $4,675.50.

Probation

After the sentence is served a court ordered term of probation that can last for up to 10 years with required appointments with a probation officer and paying monthly probation fees. Violating a term or a condition of probation results in returning to prison.

Life style restrictions

Court imposed alcohol and drug screenings and classes, traffic survival school, possible community service.

Mandatory use of an ignition interlock device

Installation of an ignition interlock device (IID) will be required for two years on all vehicles the offender has at the offender’s expense.

Driver’s license suspension and the loss of your driver privilege's

The driver’s license revocation for one year beginning after release from incarceration. The offender must complete a revocation packet with the Arizona Motor Vehicles Department to reinstate the license after the revocation is lifted. Obtaining a restricted license to drive to and from work is not offered.



As you can see, prior DUI convictions in Arizona can continue to haunt you and will result in severe criminal penalties.
 

Blood Alcohol Content and its affect on sentencing

Extreme DUI in Arizona

If the defendant’s blood alcohol concentration exceeds .15, but less than .20 they may be charged with an Extreme DUI.

Punishment and fines increase and jail time will be lengthened to 120 days.

Super Extreme DUI in Arizona

If BAC measures above .20 they may be charged with a Super Extreme DUI.

Fines are increased further, and jail time is increased to 180 days.

Aggravated DUI charges in Arizona

You may be charged of an aggravated DUI if you are driving under the influence and...
 

• Are stopped by law enforcement with a child in the vehicle under 15 years of age
   
• Driving with a suspended license
   
• Driving on the wrong side of the road
   
• Driving while under an order to have the interlock installed
   
• Or have three DUI convictions within the previous eighty-four months (7 years)

 

Drugs and DUI Laws

Drugs, including prescription drugs can also cause a person to be charged with a DUI under Arizona law. Having previous prior felony convictions only makes matters worse with harsher penalties.
 

OUI Charges (boat or watercraft)

If a person commits a first time offense, a second-offense DUI, or run afoul of Arizona's third offense DUI laws while operating a boat or watercraft, you will be charged with an OUI.
 

Life changes with Third DUI Felony conviction

Drivers who are convicted of a third DUI felony will lose the constitutional right to possess a firearm and will lose the right to vote in elections, hold public office, or join the military. It will become problematic to hold or keep a job or to rent a place to live.

Those who hold professional licenses, such as teachers, nurses, insurance agents, and other professions will have their license revoked which delays or ends a promising career.

 

New aggravated DUI law

Under Arizona DUI law adopted in 2023 an aggravated DUI is no longer considered to be a historical prior offense except when there is a subsequent aggravated DUI charge.

The new law also allows criminal records to be sealed from public view after a lengthy waiting period, but law enforcement agencies can still see the records. Retaining an experienced DUI defense attorney may help you with this expungement.

 

Defenses for Aggravated DUI

Defendants who are facing aggravated DUI cases have several standard defenses available under the law.

• Did law enforcement have the legal authority to make the traffic stop by having the probable cause or reasonable suspicion that a law was broken or about to be broken?
   
• Did the traffic officer violate constitutional rights by failing to tell the suspect to remain silent to avoid self-conviction and the right to have an attorney during questioning?
   
• Were the field sobriety tests inaccurate, failed to consider physical ailments, or administered improperly?
   
• Were the breathalyzer, blood, or chemical tests flawed because of storage issues?
   
• Did the police report have factual errors or omissions?
   
• Can the state prove the defendant knew, or should have known, that the license was suspended?

Each case is unique so other DUI defenses may come into play.

 

Aaron M. Black Law for Third DUI defense

Should you or person you care for be charged or are under investigation for a third DUI, or other violating other Arizona DUI laws, especially if you have a previous DUI conviction, it is imperative that you have a seasoned Phoenix DUI defense attorney such as myself to defend you at the earliest possible time to protect your constitutional rights, provide you the best legal defense, and defend against likely felony charges.

During my career spanning decades as a DUI defense attorney, I know that good people can find themselves in legal difficulty and that is why I ensure they have the best defense possible.

My goal is always to win a dismissal of the charges, whether it's your first offense felony or your third aggravated DUI.

Aaron M. Black Law provides personalized legal services and encouragement. You will always be talking directly to me at every stage of a third-offense DUI. My goal is always to have all charges dismissed.

Begin your felony DUI defense immediately by calling 480-729-1683 at any time on any day, and I will respond promptly unless I am in court on at trial. Or use the online contact form on my website.

I defend third DUI cases throughout Arizona, including the city of Phoenix and Scottsdale, as well as Maricopa, Pinal, Yavapai, and Coconino County Superior Courts.

Blog posts in the series...

Arizona's DUI Laws in 2024 | DUI Arizona First Offense Laws | DUI Arizona Second Offense Laws | Arizona DUI Laws Third Offense