Arizona’s Repeat DUI Offender Consequences

by Aaron M. Black • July 24, 2023

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 Resident Being Stopped On Suspicion of DUI

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.

Prisoner Incarcerated for DUI Charges

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.

About the Author

Aaron Black Phoenix DUI LawyerAaron Black is the founder and sole attorney of the Law Office of Aaron Black. Located in Phoenix, Arizona, his DUI and criminal defense law firm provides legal services to people who have received felony or misdemeanor charges from the state.

Aaron has developed a strong interest in defending people who have been arrested and received criminal charges for driving under the influence. With his professionalism and knowledge of Arizona DUI and criminal law, he has acted as a check and balance on the police, prosecution and courts and has protected a great number of his clients from excessive and unfair sentencing.

Along with DUI defense, Aaron handles a range of other criminal defense matters, including aggravated assault, burglary, domestic violence, drug possession, drug trafficking, fraud defense, insurance fraud, sex crimes, and white-collar crime cases.

After graduating college in 2003 from the University of Arizona, Aaron decided to pursue a law degree. He followed a family long tradition and went to the University of South Dakota School of Law where he pursued his goal of becoming a criminal defense lawyer.

After passing the Arizona and South Dakota bar exams, Aaron joined the Maricopa County Office of the Public Defender where he defended hundreds of people charged with serious criminal offenses. His work as a public defender helped him sharpen his litigation skills and gave him a unique insight into the Arizona criminal justice system.

Over the course of his 15-year legal career, Aaron has spent a considerable amount of time in both Arizona justice, municipal, state and federal courts. He has argued over 50 jury trials, tried over 100 bench trials and has become one of the highest-rated criminal and DUI defense attorneys in Phoenix and the surrounding areas. He has received a 10/10 rating from the legal directory Avvo because of his legal background and successful case record. Since 2014, he has received the Super Lawyer rating for his work as a Phoenix DUI Attorney and criminal defense attorney.

You can review Aaron’s Attorney Bio page for more information about his background, education and experience as a Phoenix DUI and criminal defense attorney.
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