What to Expect With a 2nd DUI Offense in Arizona

When you commit a 2^nd DUI offense within 7 years of a previous conviction in Arizona or any other state, you can expect to receive a harsher punishment than your first offense. Arizona outlaws driving or having physical control of a motor vehicle while intoxicated or under the influence of drugs. You can be charged with a DUI if you are found driving:

• While impaired to the slightest degree by alcohol or drugs
• With a BAC of at least 0.08% within 2 hours of driving; 0.04% if driving a commercial vehicle
• With any amount of drugs or metabolites in your system

In general, you will be slapped with a Class 1 misdemeanor if you commit any of the offenses above for the 2^nd time.

Criminal Penalties You May Be Facing

Standard 2nd Offense (BAC above .08, but less than .15)

The court imposes criminal penalties for DUI convictions. Criminal penalties for a 2^nd DUI conviction include the following:

Standard second DUI – A class 1 misdemeanor, it includes a jail term of 90 days, 60 days which are suspended with the completion of an alcohol or drug program. Of the 30 day jail term, 80% of the sentence may be able to be done on home detention. Therefore, there is 6 days of actual jail time.

• Assessments and fines of approximately $3,400, not including jail cost.
• MVD will impose a 1-year revocation of driving privileges. It may be possible a restricted license after 45 days with the installation of a “special” Ignition Interlock Device. There is a 1 year Ignition Interlock requirement after that.
• You must also render community service of 30 hours.

Second Extreme DUI (BAC .15, but less than .20)

This is a Class 1 misdemeanor that comes with a jail term 120 days. Of the 120 day jail term, 80% of the sentence may be able to be done on home detention. Therefore, there is 24 days of actual jail time.

• Assessments and fines of approximately $3,700, not including jail cost.
• MVD will impose a 1-year revocation of driving privileges. It may be possible a restricted license after 45 days with the installation of a “special” Ignition Interlock Device. There is a 1 year Ignition Interlock requirement after that.
• You must also render community service of 30 hours.

Second Super Extreme DUI (BAC of .20 or above)

This is a Class 1 misdemeanor that comes with a jail term 180 days. Of the 180 day jail term, 80% of the sentence may be able to be done on home detention. Therefore, there is 36 days of actual jail time.

• Assessments and fines of approximately $4,600, not including jail cost.
• MVD will impose a 1-year revocation of driving privileges. It may be possible a restricted license after 45 days with the installation of a “special” Ignition Interlock Device. There is a 2 year Ignition Interlock requirement after that.
• You must also render community service of 30 hours.

“Special” Interlock Device – Restricted Driver’s License

If you get a license suspension for a 2^nd DUI conviction, you may be given a “special” interlock device, that allows for restricted driver’s license. This license will allow you to drive a car to and from school, work, and alcohol/drug treatment centers. It will depend on the kind of your DUI conviction. In general, these involve:

• Completion of the 45-day license revocation period
• Completion and proof of a drug/alcohol screening
• Proof of IID installation
• Proof of MVD financial responsibility

The MVD can still deny you of the restricted license even you comply with all the requirements.

A second offense DUI is a complicated process. It is possible to fight these cases. Protect your rights. Protect your driver’s license. Contact an experienced Arizona DUI lawyer like Robert A. Dodell, Attorney At Law, right away to help you go through the complex process of the Arizona DUI law.