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!