Second DUI Offense in AZ: Penalties, Consequences, & Defense Strategies

Understanding a Second DUI in Arizona

Getting charged with a second DUI offense in Arizona is a serious matter that carries harsher penalties than a first offense. A second offense DUI charge in Arizona can lead to longer jail time, higher fines, and extended license suspension. Second DUIs are categorized as Class 1 misdemeanors with significant maximum punishments, including one-year license suspensions, the requirement for an SR-22 certificate of insurance, and potential jail sentences and fines.

Arizona has some of the strictest DUI laws in the country, and repeat offenses are met with severe consequences.

At The Nava Law Firm in Phoenix, AZ, our experienced DUI defense attorneys understand the complexities of Arizona DUI laws and work aggressively to protect your rights. If you or a loved one is facing a second DUI charge, it’s crucial to act fast and seek legal representation.

Arizona’s Second DUI Offense Penalties

Under A.R.S. § 28-1381, a second offense DUI occurs when a driver is arrested for driving under the influence within seven years (84 months) of their first conviction. If the previous DUI conviction is over 7 years old, the punishments align with those for a first offense. The penalties vary based on blood alcohol concentration (BAC) and other factors:

Standard Second DUI (BAC of 0.08% - 0.149%)

• Minimum Jail Time: For a second offense DUI, the minimum jail time is 90 days (60 days may be suspended with alcohol screening and treatment)
• Fines & Fees: At least $3,000
• License Suspension: 1-year revocation (No driving privileges)
• Ignition Interlock Device (IID): Required for one year after license reinstatement
• Probation: Up to five years
• Community Service: Mandatory 30 hours

Extreme Second DUI (BAC of 0.15% - 0.199%)

• Minimum Jail Time: For an extreme DUI, the minimum jail time is 120 days (No eligibility for home detention for the first 60 days)
• Fines & Fees: Around $3,500+
• License Suspension: 1-year revocation
• Ignition Interlock Device: 18 months after license reinstatement
• Community Service: 30+ hours

Super Extreme Second DUI (BAC of 0.20% or higher)

• Minimum Jail Time: 180 days (No home detention for the first 90 days) for a super extreme DUI
• Fines & Fees: $4,500+
• License Suspension: 1-year revocation
• Ignition Interlock Device: 24 months after reinstatement
• Community Service: 30+ hours

A third DUI offense within seven years can result in aggravated DUI charges, which are treated as felony crimes, leading to significant punishments such as increased jail time, hefty fines, and denial of driving privileges.

Types of DUI Offenses

In Arizona, there are several types of DUI offenses, each with its own set of penalties and consequences. Understanding the different types of DUI offenses can help you navigate the complex legal system and make informed decisions about your case.

• Regular DUI: This is the most common type of DUI offense, defined as driving with a blood alcohol concentration (BAC) of 0.08% or higher. A regular DUI conviction can lead to significant fines, license suspension, and mandatory alcohol education programs.
• Extreme DUI: An extreme DUI is a more serious offense, characterized by a BAC of 0.15% or higher. The penalties for an extreme DUI are harsher, including longer jail time, higher fines, and extended use of an ignition interlock device.
• Super Extreme DUI: The most severe DUI offense, a super extreme DUI, involves a BAC of 0.20% or higher. Convictions for super extreme DUI carry the most stringent penalties, such as extended jail sentences, substantial fines, and prolonged license suspension.
• Aggravated DUI: An aggravated DUI is a felony offense that can result in more severe penalties, including longer prison sentences and higher fines. This type of DUI offense may involve a prior DUI conviction, a prior felony conviction, having a minor in the vehicle, or causing an accident resulting in serious injury or death.

License Consequences for a DUI Offense

A DUI offense in Arizona can result in severe consequences for your driver’s license. If convicted of a DUI, your license will be suspended for a minimum of 90 days for a first-time offense. However, if you are convicted of a second DUI offense within 7 years, your license will be suspended for a minimum of 1 year. In some cases, the court may grant a restricted license, allowing you to drive to and from work, school, or other essential activities.

It’s essential to note that the length of the suspension period may vary depending on the severity of the offense and the presence of any aggravating factors, such as a high BAC level or the presence of a minor in the vehicle. Additionally, if you are convicted of an Aggravated DUI, your license may be revoked for a minimum of 3 years.

To reinstate your license after a DUI suspension, you will need to meet certain requirements, including:

• Completing a DUI education program
• Installing an ignition interlock device in your vehicle
• Obtaining SR-22 insurance
• Paying reinstatement fees

It’s crucial to consult with a defense attorney to understand the specific license consequences you may face and to explore options for minimizing the impact on your driving privileges.

The Impact of a Second DUI Conviction

Beyond legal penalties, a second DUI conviction following a prior DUI conviction can have lasting consequences on your life. Having any prior felony convictions can dramatically escalate the severity of current DUI charges, leading to harsher penalties and extended prison sentences for individuals facing multiple aggravated DUI offenses:

• Higher Insurance Rates – You may face SR-22 insurance requirements, making coverage expensive.
• Employment Consequences – Some jobs may terminate employment due to a criminal record.
• Professional Licensing Issues – Medical, legal, or commercial driver’s licenses may be revoked.
• Permanent Criminal Record – A second DUI conviction cannot be expunged in Arizona.

Steps to Take After a DUI Arrest

If you are arrested for a DUI in Arizona, it’s essential to take the right steps to protect your rights and minimize the consequences. Here are some steps to take after a DUI arrest:

1. Remain calm and polite: When interacting with law enforcement, remain calm and polite. Avoid becoming argumentative or aggressive, as this can escalate the situation.
2. Request to speak with an attorney: You have the right to speak with an attorney before answering any questions or taking any tests. Request to speak with an attorney as soon as possible.
3. Do not answer questions: You have the right to remain silent. Do not answer any questions or provide any statements to law enforcement without consulting with an attorney first.
4. Do not take field sobriety tests: Field sobriety tests are voluntary, and you have the right to refuse to take them. However, if you do take the tests, the results can be used against you in court.
5. Do not take a breath test without consulting with an attorney: While you may be required to take a breath test, you should consult with an attorney before doing so. Your attorney can advise you on the best course of action.
6. Contact a defense attorney: As soon as possible, contact a defense attorney who specializes in DUI cases. Your attorney can help you navigate the legal process and protect your rights.
7. Gather evidence: Start gathering evidence to support your case, including witness statements, police reports, and any other relevant documentation.
8. Attend all court hearings: It’s essential to attend all court hearings and follow the court’s instructions. Failure to appear in court can result in additional charges and penalties.

By taking these steps, you can help protect your rights and minimize the consequences of a DUI arrest. Remember to always consult with a defense attorney who specializes in DUI cases to ensure the best possible outcome.

Defending Against a Second DUI Charge in Arizona

At The Nava Law Firm, our DUI defense attorneys in Phoenix examine every detail of your arrest to build a strong case. Law enforcement believes that impairment can be determined based on their observations, regardless of specific BAC levels. Possible defense strategies include:

• Challenging the Traffic Stop – If the police lacked reasonable suspicion, the case may be dismissed.
• Questioning Field Sobriety Tests – Field sobriety tests are not always accurate and can be influenced by medical conditions, fatigue, or uneven surfaces.
• Breathalyzer & Blood Test Errors – Calibration issues, improper handling, or lab mistakes can lead to inaccurate BAC results.
• Violation of Rights – If officers failed to read your Miranda rights or conducted an illegal search, evidence could be suppressed.

How to Challenge a Second DUI Charge

If you have been charged with a second DUI offense, it is essential to challenge the charge to avoid the harsh penalties and consequences that come with a conviction. Here are some ways to challenge a second DUI charge:

• Challenge the Stop: If the police did not have reasonable suspicion to stop you, the entire case can be thrown out. Law enforcement must have a valid reason for the traffic stop, such as a traffic violation or erratic driving.
• Challenge the Arrest: If the police did not have probable cause to arrest you, the entire case can be dismissed. Probable cause requires sufficient evidence that you were driving under the influence.
• Challenge the BAC Test: BAC tests are not always accurate, and there are many ways to challenge the results. Issues such as improper calibration, maintenance errors, or medical conditions can affect the accuracy of BAC readings.
• Challenge the Field Sobriety Tests: Field sobriety tests are not always reliable, and there are many ways to challenge the results. Factors like medical conditions, fatigue, or uneven surfaces can influence test performance.
• Challenge the Prosecution’s Evidence: The prosecution must prove their case beyond a reasonable doubt. If they do not have enough evidence, the case can be dismissed. This includes scrutinizing the evidence for any inconsistencies or procedural errors.

The Importance of Hiring an Experienced Arizona DUI Lawyer

If you have been charged with a second DUI offense, it is essential to hire an experienced Arizona DUI lawyer to represent you. An experienced DUI lawyer can help you navigate the complex legal system, challenge the charge, and avoid the harsh penalties and consequences that come with a conviction.

• Knowledge of Arizona DUI Laws: An experienced DUI lawyer has a deep understanding of Arizona DUI laws and can use this knowledge to challenge the charge and defend your case. They stay updated on the latest legal developments and know how to leverage this information effectively.
• Experience with DUI Cases: An experienced DUI lawyer has handled many DUI cases and can use this experience to anticipate the prosecution’s strategy and defend your case. Their familiarity with the court system and local prosecutors can be advantageous.
• Negotiation Skills: An experienced DUI lawyer has strong negotiation skills and can use these skills to negotiate a plea bargain or reduced sentence. They can often secure more favorable outcomes than you might achieve on your own.
• Trial Experience: An experienced DUI lawyer has trial experience and can use this experience to defend your case in court. If your case goes to trial, having a lawyer who is comfortable and skilled in the courtroom is crucial.

How Nava Law Firm Can Help

If you are facing DUI charges for a second DUI offense in Phoenix or anywhere in Arizona, you need an experienced DUI defense attorney who understands Arizona’s strict DUI laws. At The Nava Law Firm, we provide:

• Aggressive Defense Strategies to minimize penalties or get charges dismissed
• Personalized Legal Guidance tailored to your case
• 24/7 Availability to answer your questions and protect your rights

Don’t Wait – Call Nava Law Firm Today

Time is critical in a second DUI case. The sooner you contact a skilled DUI lawyer, the better your chances of a favorable outcome.

Call The Nava Law Firm now at 602-975-4990 for a FREE consultation, or contact us through our free consultation form!

Conclusion

A second DUI offense in Arizona can result in harsh penalties and consequences, including longer prison sentences, higher fines, and a longer license suspension. However, with the help of an experienced Arizona DUI lawyer, you can challenge the charge and avoid these penalties. It is essential to understand the different types of DUI offenses, how to challenge a second DUI charge, and the importance of hiring an experienced Arizona DUI lawyer. By doing so, you can make informed decisions about your case and achieve the best possible outcome.