Executive Summary
- In Arizona, getting charged with a 2nd DUI offense within seven years of your first conviction can result in more severe penalties than a first-time offense, including longer jail time and higher fines.
- Arizona law requires most people with a 2nd DUI to attend alcohol treatment programs and install ignition interlock devices (IIDs), which are breathalyzers that prevent vehicular operation with high blood alcohol concentration (BAC).
- Outside of direct legal consequences, a 2nd DUI can increase insurance rates and make it harder to obtain housing or employment due to the class 4 felony showing up on background checks.
- Potential defenses for a 2nd DUI can include contesting the legality of the traffic stop or the accuracy of breathalyzer tests. An experienced criminal defense attorney can potentially negotiate plea deals that reduce penalties.
Understanding the Penalties of a 2nd DUI in Arizona
You may be charged with a 2nd DUI offense in Arizona if you are caught driving under the influence of alcohol, marijuana, or other drugs within seven years of being convicted of the same crime. The penalty for a 2nd DUI in Arizona is much more severe than for a first-time DUI—it often features stricter legal consequences like increased jail time and more significant fines.
Other negative impacts that can result from a 2nd DUI in Arizona may include having commercial licenses revoked, being forced to pay for more expensive insurance, and facing difficulties finding housing or employment due to your criminal record showing up on background checks.
Thankfully, a qualified criminal defense attorney like the ones from JacksonWhite Law can help you craft a defense that applies to your unique situation, potentially challenging the legality of the traffic stop or contesting the accuracy of breathalyzer tests. Still, it is best to avoid DUIs altogether by attending alcohol treatment programs, attending AA meetings, or using a designated driver.
Overview of DUI Laws in Arizona
Arizona law features several classifications for DUIs, each with unique requirements and consequences. According to ARS 28-1381, a person in Arizona can be charged with a standard DUI if they are in physical control of a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. Commercial drivers are held to an even stricter standard, allowing them to be charged with a standard DUI with a BAC of 0.04% or higher.
To cover more severe situations, ARS 28-1382 states that anyone operating a vehicle with a BAC of 0.15% or higher can be convicted of an extreme DUI while committing the same crime with a BAC of 0.2% or higher is often referred to as a super extreme DUI. As one may expect, the penalties for a DUI can increase in severity if it is considered extreme or super extreme.
Aggravated DUIs
According to ARS 28-1383, DUI charges become even more severe if aggravating factors are present. Some examples of situations that can qualify as an aggravated DUI in Arizona are:
- Driving under the influence with a suspended, restricted, or revoked license
- Driving under the influence with a child under the age of 15 in the vehicle
- Driving under the influence while the driver’s vehicle is equipped with an ignition interlock device
In addition to the conditions listed above, people who are convicted of a 2nd DUIÂ within 84 months of their first conviction will automatically have their new charges escalated to an aggravated DUI.
Legal Consequences of a 2nd DUI
A standard DUI is classified as a class 1 misdemeanor. However, since a 2nd DUI offense in Arizona is considered aggravated if it happens within seven years of the first, it is classified as a class 4 felony. This means the legal repercussions can be more severe than a standard DUI. If you are convicted of a 2nd DUI, you may face the following consequences.
Jail Time
Anyone convicted of a 2nd DUI offense in Arizona is forced to serve a minimum of 90 days in jail. At least 30 of these days must be served consecutively. Moreover, the convicted individual will not be eligible for probation or suspension of execution of sentence unless the full sentence has been served.
You can potentially reduce your sentence to 30 days if you complete a court-ordered alcohol or general drug screening, education, or treatment program. Willingly taking this initiative shows the court that you are dedicated to turning your life around and preventing repeat offenses, which can help reduce your jail time.
Probation
Following the can you portion of their jail sentence, someone convicted of a 2nd DUI in Arizona can face up to five years of probation, a period in which an offender can remain in the community under court-ordered supervision. During probation, individuals may be forced to follow the following conditions:
- Perform regular check-ins with their probation officer
- Attend a relevant treatment program
- Practice community service
Failing to comply with the terms laid out by the court can result in additional penalties or imprisonment.
Fines and Fees
In addition to the jail sentence, someone convicted of a 2nd DUI in Arizona can bring substantial financial penalties. After your first conviction, the minimum fine for subsequent DUIs is $3,000. Still, this price may be much higher, especially when factoring in potential surcharges, court and jail fees, or other related expenses like alcohol screening charges.
License Suspension
A 2nd standard DUI offense will result in a one-year license suspension in Arizona. However, House Bill 2187 mandates that the MVD impose a 3-year revocation of driving privileges for individuals with at least one aggravated DUI conviction, along with any other DUI conviction, standard or extreme.
During their license suspension, the convicted individual may have to complete an alcohol or general drug screening, education, or treatment program. Failing to fulfill this requirement can make you ineligible to get your license reinstated; it can also lead to the revocation of privileges like probation.
Ignition Interlock Device (IID) Requirement
Following a 2nd DUI, Arizona law requires the installation and use of an ignition interlock device (IID) for at least one year in accordance with ARS 28-3319. This device prevents drivers from starting a vehicle if their BAC is higher than the set limit, requiring sobriety for operation. Offenders may also be responsible for paying for the device’s installation, which usually ranges between $70 and $150, as well as other maintenance expenses that may arise.
Enhanced Penalties for Extreme and Super Extreme DUI
As a reminder, if the offender’s BAC is higher than 0.15%, the charges become extreme, and if their BAC is higher than 0.2%, it is considered super extreme. In both these scenarios, the penalties can increase substantially, potentially resulting in longer jail sentences, higher fines, or more strict and long-lasting IID requirements.
To be specific, an extreme DUI has a minimum jail time of 30 days and a fine of $2,500. On the other hand, a super extreme DUI can raise the minimum jail time to 120 days and the fine requirement to $3,250.
Potential Long-Term Consequences
Outside of the direct, court-inflicted punishments that accompany this crime, 2nd DUI offenses in Arizona can have long-lasting effects on an individual’s life, considering this class 4 felony can show up on background checks.
Impact on Insurance
A 2nd DUI in Arizona often results in more expensive insurance premiums because many convicted individuals are required to carry SR-22 insurance for at least one year. This insurance type focuses on liability coverage to make you less of a risk on the road, but it can come with higher costs, rendering it a potential financial burden.
Jeopardizing Employment
Many employers may terminate employees who have been convicted of a 2nd DUI, especially if their job involves driving. The state of Arizona can permanently revoke someone’s commercial driver’s license (CDL) for having multiple DUI convictions, effectively ending their commercial driving career.
Even if the industry the individual is in is unrelated to driving, existing or prospective employers may see the crime when performing a background check. In general, it can be very challenging for some convicted felons with 2 DUIs to secure new jobs.
Limiting Housing Opportunities
Similar to having difficulty with securing employment, many property owners may be reluctant to rent units to people with 2 DUIs. Most housing applications include a background check that will likely show felonies of this nature.
To increase your chances of minimizing the negative impacts of a 2nd DUI, you should contact a qualified criminal defense attorney with experience handling similar cases.
Defenses and Legal Options
You and your DUI lawyer should work together to craft a defense that is tailored to your unique situation. Some examples of common defense strategies that people with 2 DUIs use are:
- Challenging the legality of the traffic stop
- Contesting the accuracy of their breathalyzer tests
- Proving the improper administration of field sobriety tests (FSTs)
- Claiming medical conditions impacted FST or breathalyzer results
As another legal option, some criminal defense attorneys can negotiate plea deals with the prosecutors, potentially reducing charges or sentences for their clients. Plea deals may require the convicted individual to practice community service or participate in alcohol treatment or educational programs in exchange for a shorter jail time or more minor fines than they would otherwise receive.
Preventing Future DUI Offenses
Although your criminal defense attorney may be able to help you address your 2nd DUI offense, it is best to prevent DUIs altogether. Some examples of ways people prevent future DUIs are:
- Attending alcohol treatment programs
- Going to AA meetings
- Using a designated driver while under the influence
- Voluntarily installing a personal IID
Arizona DUI Services offers preventative programs that can equip you with valuable tools to avoid future DUIs. Plus, their treatment program can satisfy the requirements of Arizona courts and the Motor Vehicle Department.
Get Experienced Legal Representation For DUI Charges
The penalty for a 2nd DUI in Arizona can be quite severe, usually including a minimum of 90 days in jail and at least a $3,000 fine. Other consequences like probation, license suspension, and higher car insurance demands can add to the negative impact that a 2nd DUI in Arizona can have. So, you should do what you can to avoid such charges by attending alcohol treatment programs and relying on designated drivers.
If you still end up getting charged with a 2nd DUI offense in Arizona, you must understand your legal options and how to address the charges to avoid as much turmoil as possible. You should seek guidance from the experienced criminal defense attorneys at JacksonWhite Law to help guide you through the legal process. After reviewing your individualized case, we can help you customize a defense strategy that increases your chance of receiving the best outcome possible.
Call the JacksonWhite criminal law team at (480) 467-4370 to get expert-level legal help with your case.
