Driving Under the Influence (DUI) – Second or Subsequent Offense
When you are facing the Arizona courts for a second DUI charge, you have every right to be scared. Stiff penalties make a second offense conviction a frightening prospect to face.
The police are extremely aggressive in how they patrol, stop and arrest people on DUI charges. If you’ve had anything to drink, even if you are perfectly fine to drive, and not legally impaired, odds are you will be arrested. Breathalyzer machines have dozens of known flaws. And police are often very biased when performing field sobriety tests. If they’ve decided you could be drunk, they see what they want to see.
As defense attorneys who fight numerous Arizona DUI charges, we understand how it is very possible to be facing a second offense drunk driving charge. Maybe you made a mistake years ago, and plead guilty. But now you are facing the prospect of jail time, and are wondering what your options are.
There is a good chance we can help. Please contact us right away for a consultation on your DUI case. Talking to an experienced Arizona drunk driving defense lawyer can help reduce your stress level, and give you some optimism that you can fight, and win.
Any DUI conviction is a serious matter. However, if you have a drunk driving conviction in your past, it becomes even more critical to have the best DUI defense lawyer in Arizona that you can possibly get.
You should know that The Arizona legislature has written some tough consequences into the laws for repeat DUI offenders. But there are always options, and many tough cases can be won!
Arizona DUI Penalties – Second Offense within 7 years
Driving Under the Influence (DUI) is a Class 1 misdemeanor under Arizona law.
If convicted of a 2nd (second) offense DUI within 7 years:
- You could be required to serve a minimum of 90 days in jail depending on your blood alcohol level. The maximum jail sentence that you could be looking at is 6 months.
- If your blood alcohol level is between .15 and .199 you could be required to serve the mandatory minimum of 120 days.
- If your blood alcohol level is above .2 you could be required to serve the mandatory minimum of 180 days.
- The judge will require you to pay at least $500 in fines and up to $2,500 in fines plus additional surcharges.
- You will have to complete a minimum of 30 hours community service.
- You will also lose your license for one full year.
- When your license is reinstated, you will be required to have an ignition interlock device.
- You will most likely be required to undergo some drug and alcohol evaluations as well as some treatment or education classes.
You can be charged with a 2nd offense drunk driving DUI for being under the influence of prescription drugs (even if they you are in possession of a legal prescription). Any driving under the influence of drugs can be treated as a second offense.
Ref: Arizona DUI Laws – Second or Subsequent Offense ARS 28-1381 & ARS 28-1382
Ignition Interlocking Device
For second or subsequent /DUI convictions, an ignition interlocking device is required by the court when your Arizona driver’s license is eligible to be reinstated. This device will measure your blood alcohol level (through a breath test) before you are able to start the car.
What if I Refuse to Take the Breathalyzer Test or Submit to a Blood Test?
If you do not consent to a breath test or a blood test after you have been arrested for a DUI (this breath test is not to be confused with the “portable breath test” used prior to an arrest) the officer can obtain a warrant for a blood test if there is “probable cause”. In this type of situation you could be looking at a one year suspension of your driver’s license.
Get Free Legal Advice on An Arizona Second Offense DUI Charge from a Top Defense Lawyer
A DUI conviction of this magnitude can seriously alter your life. There is no way to plan for a jail sentence and it is very hard to work around a one year license revocation. Not all attorneys are created equal and it is times like these when you need the best Arizona DUI lawyer you can find, fighting on your side.
When it seems like everyone is out to get you–you want to be confident that your case is in the best hands and that someone in the system is looking out for your best interests. Call me now to discuss your case today and see how we can help you beat the charges and keep your license and your freedom.
Contact us today to take advantage of your free DUI consultation.