Arizona’s Repeat DUI Offender Consequences

Convictions for second and third-misdemeanor DUIs in Arizona result in harsher and sometimes life-changing punishment, more expensive fines, and mandatory counseling for alcohol or drug addictions.



Arizona has a no tolerance policy for driving while impaired and has some of the nation's strictest DUI laws and punishments.

Most people do not know this interesting fact: Arizona allows DUI convictions from certain states to be counted in Arizona if the state has a DUI law that is the same as Arizona’s law.
 

Second DUI Conviction Penalties

Under Arizona’s sentencing guidelines, a second DUI misdemeanor conviction within seven years from the first requires a minimum of 90 days in county jail. However, sixty days can be suspended if the defendant successfully finishes alcohol or drug classes. Fines and surcharges total $3,468.

The license to drive can be revoked for 12 months, or the license can be restricted if an ignition interlocking device (IID) is installed in the vehicle to prevent the engine from starting if the IID detects alcohol on the driver’s breath.


 

Third DUI Conviction Penalties

A third DUI conviction within seven years of the second offense becomes an aggravated DUI, a far more serious fourth-class felony. Driving impaired with a suspended driver’s license is also a Class 4 felony.

A third DUI conviction requires a minimum of four months in State Prison, up to ten years of probation, up to a maximum of 3.75 years in state prison, and a minimum of $4,000 in fines. The driver’s license is revoked for one year after release from incarceration.
 

Penalties for a First-Time Felony DUI Conviction

A third DUI conviction requires a minimum of four months in State Prison, up to ten years of probation, up to a maximum of 3.75 years in state prison, and a minimum of $4,000 in fines. The driver’s license is revoked for one year after release from incarceration.

In addition to incarceration, a one-year license revocation after release from incarceration, court-imposed alcohol and drug screenings, traffic school, and using an IID for two years on all the vehicles to which the person has access.
 

Consequences of a Felony DUI Conviction

Those who are found guilty of a felony will live with its ramifications. If eligible, a lengthy period of probation with restrictions and reporting routinely to a probation officer. Violating probation can mean going back to prison.

Those convicted of a felony will be stripped of their constitutional right to have and possess a firearm and 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 professionals, will have their licenses revoked, which delays or ends a promising career.

Beyond those punishments, a felony record had been visible in background checks for seeking employment, renting a place to live, and expelled from higher education. However, a felony aggravated DUI is no longer a forever prior offense (except for when charged with another aggravated DUI).
 

Common Repeated DUI Defenses

Your defense begins when you are approached by law enforcement. You have a Constitutional right under the Fifth Amendment to refuse to answer questions to avoid self-incrimination. You also have the right to be represented by an attorney during questioning.

The authorities are human and can make mistakes. An officer may not have had a legal reason to stop you in the first place and may have failed to advise you of your Miranda rights at the time of arrest. These errors will mean your case will be dismissed.

The prosecution must prove its case beyond a reasonable doubt. So the defense will work to establish a doubt by conducting an independent investigation and scrutinizing the evidence the state has against you, looking for errors and omissions, and reviewing the job performance record of the arresting officer.

Arizona allows several defenses to DUI charges:

 

• Police did not have the necessary probable cause or a reasonable suspicion to pull you over
   
• The arresting officer made errors while conducting the field sobriety tests
   
• The DUI suspect had physical ailments that prevented passing the field sobriety tests, such as standing on one leg
   
• Breathalyzer results can be flawed because of calibration error
   
• Blood tests can be flawed because of improper storage
   
• How quickly a person can process alcohol
   
• Police did not advise you of your Miranda rights to remain silent and have a defense attorney present during questioning
   
• Errors or omissions were made on the police report
   

Aaron M. Black Law for DUI defense

Should you or someone you care about be charged or are under investigation for a repeated DUI, it is imperative that you have an experienced DUI defense attorney such as myself to defend you at the earliest possible time.

In my decades-long career as a Phoenix DUI attorney, I know that good people can be in legal trouble. That is why I am dedicated to ensuring they have the best defense possible. My goal is always to get the charge dismissed. If police have a strong case, a plea agreement is an alternative to reduce the severity of the charge. But pursuing this is your decision.

At Aaron M. Black Law, you will receive personalized legal services at every step of your case. You will always talk directly to me, and I provide encouragement and support during this difficult episode in your life.

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

I defend all levels of DUI cases in courts throughout Arizona, including Scottsdale, Phoenix, Maricopa, Pinal, Yavapai, and Coconino County courts.