What Are the Penalties for a Second DUI in Arizona?

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It is illegal for you to operate a vehicle while under the influence of drugs or alcohol. If you are caught driving under the influence for a second time, then the DUI penalties will be even harsher than they were the first. You are considered under the influence if you are impaired to the slightest degree by drugs or alcohol.  You are also under the influence if your blood alcohol content is 0.08% or above. If you are operating a commercial vehicle, you are under the influence if the blood alcohol content is 0.04% or above.

Drug Use Lead to a DUI

If you are charged with a felony Aggravated DUI, then the punishment will be even more harsh. You can be charged with an Aggravated DUI if you had someone in the car with you who is under the age of 15. You can also be charged with an Aggravated DUI if you have had two DUIs in the past 84 months. Additionally, if your license has already been suspended, then you may be charged with an aggravated DUI.

There are also administrative penalties for these crimes. For example, you can have your license suspended for a minimum of 90 days if this is your second offense. Keep in mind that, if you refuse to take a DUI test, then you can still have your license suspended. If convicted, an additional administrative penalty will include a one year revocation of your license.

Classifications of Your DUI

Your blood alcohol level is one of the things that will determine what your punishment will be on a misdemeanor DUI.  A blood alcohol content that is 0.15% or above is considered a misdemeanor extreme DUI. If your blood alcohol content is 0.20% or above, then you will be charged with a misdemeanor super extreme DUI.

Second Standard DUI

A second standard DUI is considered a Class 1 misdemeanor, for which you can serve up to 90 days in jail, and at least 30 of those days must be served consequently. In lieu of all that jail time, you may be eligible for Continuous Alcohol Monitoring Program or Home Detention after first serving 20% of the jail sentence. The minimum fine, surcharges and assessment add up to approximately $3500, plus the court will charge you for the cost of going to jail.  You also have to complete 30 hours of community service. Additionally, your driving privileges will revoke your driving privileges for a year and, after reinstatement of those privileges, there is a separate 1 year mandatory ignition interlock device (a breathalyzer attached to your vehicle), at an additional expense to you.

Second Extreme DUI

An Extreme DUI is also classified as a Class 1 misdemeanor, for which you can spend up to 120 days in jail, and at least 60 of those days have to be served consecutively. In lieu of all that jail time, you may be eligible for Continuous Alcohol Monitoring Program or Home Detention after first serving 20% of the jail sentence. The minimum fine, surcharges and assessment add up to approximately $3700, plus the court will charge you for the cost of going to jail.  You also have to complete 30 hours of community service. Additionally, your driving privileges will revoke your driving privileges for a year and, after reinstatement of those privileges, there is a separate 1 year mandatory ignition interlock device (a breathalyzer attached to your vehicle), at an additional expense to you.

Second Super Extreme DUI

This Super Extreme DUI is classified as a class 1 misdemeanor. For your second offense at this level, you may have to serve up to 180 days in jail, at least 90 of which would have to be served consecutively. In lieu of all that jail time, you may be eligible for Continuous Alcohol Monitoring Program or Home Detention after first serving 20% of the jail sentence. The minimum fine, surcharges and assessment add up to approximately $3700, plus the court will charge you for the cost of going to jail.  You also have to complete 30 hours of community service. Additionally, your driving privileges will revoke your driving privileges for a year and, after reinstatement of those privileges, there is a separate 2 year mandatory ignition interlock device (a breathalyzer attached to your vehicle), at an additional expense to you.

Second Aggravated DUI

An Aggravated DUI is classified as a class 4 felony. With a second offense at this level, you could a minimum of 2.25 years and up to 7.5 years in prison. Your fines may exceed $4,500 and you may have your license revoked for a year.

It’s important to note that there’s a difference between having your license revoked and suspended. If your license is suspended, then it will be temporarily out of service. You can use it again after the suspension is over and after you pay the appropriate fees. If your license is revoked, then you will have to successfully go through a MVD investigation and pay the appropriate fees before you can drive again.

Why It Is Important to Have a DUI Lawyer

You have rights if you are accused of a DUI. Your attorney will let you know about your Arizona rights and fight to protect them. There are also several other benefits that you can reap from having an attorney on your side. Your attorney will recommend which course of action is best for you. There are several DUI defenses that can be used, and an attorney can help you build a strong case in fighting these charges.

The offence of DUI has long term and serious ramifications on your life.  It is important to get in touch with an experienced DUI attorney who can help you. Contact Robert A. Dodell, Attorney at Law, for a free initial consultation to discuss your case.

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