Is it possible to be charged with a DUI twice?

by Aaron Black • May 09, 2016
You can be charged in Arizona for a DUI twice. The first charge accuses a person of a DUI for being impaired to the slightest degree for either alcohol or drugs. “Impaired to the slightest degree,” in simple terms, means that you are kind of tipsy.

The second charge then accuses a person of a DUI for being over the legal limit or .08, .15, or .20. This is also the charge if someone has an illegal drug or drug metabolite in their system.

One of the reasons a prosecutor can charge you twice is if the blood results are suppressed you can still be prosecuted for being impaired (drunk or high). To be convicted on this charge, the prosecution can use the police officers observations such as you had an odor of alcohol on your person, your speech was slurred or the officer witnessed you driving erratically.

The penalties for DUI in Phoenix are some of the harshest in the country. A conviction carries a mandatory jail sentence, fines, license suspension, and the ignition interlock device affixed to your car. Depending on the blood alcohol concentration and history, jail can range from 1 day to 6 months for misdemeanors and up to 15 years for a felony.

If you are arrested for a DUI please follow these steps

  • Be polite with the officer at all times
  • Provide your license, registration and insurance
  • If the officer asks you to step out of the vehicle, comply
  • If the officer asks if you have been drinking, invoke your 5th Amendment Right which is the right to remain silent
  • Immediately request an attorney
  • Respectfully refuse all field sobriety tests such as the eye test, the walk & turn and the one leg stand.
  • Refuse the preliminary breath test (PBT). This is the small breath machine that is carried by officers in their car and can be administered on the side of the road. Contrary to popular belief, your license will not be suspended if you refuse the PBT.
If are suspected of DUI and you follow the above steps you still will most likely be arrested. Following the steps however can provide your attorney with more ammunition to fight your case and hopefully avoid a conviction.

Of course the only way to truly save yourself from a DUI is to not drive a motor vehicle after consuming any amount of alcohol. If however, you have been charged with a DUI twice, click here to contact me or call 480-729-1683 for a free consultation today!

About the Author

Aaron 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 matters, including aggravated assault, burglary, domestic violence, drug possession, drug trafficking, fraud defense, insurance fraud, sex crimes and white-collar crime.

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 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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