Everything You Need To Know About Second Offense DUI and Third Offense DUI
Navigating through a first DUI arrest, is nothing compared to a second or third DUI offense. The penalties are harsher, and the fines are heavier, and the impact can be much longer-lasting. A second-offense DUI or third-offense DUI can easily become an Aggravated DUI, depending on the circumstances of your case.
Using my long and vast experience in DUI law, I will help you through the challenging and confusing process. I will help you exercise your right to get the best legal defense and to help minimize or avoid the loss of your driver’s license, probation, stiffer penalties, DUI classes, heavier fines, ignition interlock device, and jail time. Together, we will work to resolve your case and aim for a fair and positive outcome.
In my over 17 years in DUI law, and for the more than 3,900 cases I have defended, I have never wavered in my commitment to protecting the rights and freedom of my clients. You can count on me to be on your side. I am the DUI attorney you need.
Keep reading to learn more about second offense DUI, third offense DUI, and Aggravated DUI.
Table of Contents
- Consequences Of A Second Offense DUI In Arizona
- Penalties For An Aggravated DUI In Arizona
- Consequences Of A Third Offense DUI In Arizona
Consequences Of A Second Offense DUI In Arizona
Anyone arrested for a DUI/DWI in Arizona within 7 years of a previous DUI/DWI conviction will be subject to a second offense DUI in Arizona. There are two conditions that have to be in place for someone to be charged with a second DUI offense in Arizona:
- They must have been arrested for ANY type of DUI offense – drugs or alcohol
- They must have a previous DUI conviction on their record within the last seven years, determined by the dates of arrest in both cases.
If a person has a Prior DUI Conviction within seven years, they will be facing a 2nd Time DUI Offense. It does not matter whether the prior was the same type of DUI, or the same severity of DUI, there just needs to be ANY DUI conviction within seven years. In the case where the prior DUI conviction is outside of the seven years, then it would be considered a first time offense, but the Prior DUI Conviction could be used for Sentence Aggravation purposes in order to potentially get more jail time.
It is also important to note that the law says that any time spent in custody for any reason does not count towards the seven-year calculation, so sometimes it is not enough to just look at the dates of arrest in both cases.
Since Arizona DUI laws are very strict, a second drunk driving charge is taken very seriously and it carries mush harsher penalties and much heavier fines.
Possible Penalties For A Second Offense DUI
A second offense Regular Misdemeanor DUI in Arizona carries a number of possible penalties, which are listed below:
- Minimum of 30 days in jail, although there may be ways to reduce down and substitute a large chunk of that.
- License Revocation for one year, with the possibility of getting an Interlock Restricted License after 90 days of no driving at all.
- Maximum jail sentence of 6 months
- Minimum fines and fees of around $3,500
- Alcohol or substance abuse screening and counseling
- At least one year of Ignition Interlock Device (IID) AFTER the license is able to be reinstated, AFTER going through a Revocation Packet procedure, with the Interlock costing around $100 a month.
- Probation up to 5 years
- 30 Hours of Community Restitution (Community Service).
- Traffic Survival School
Apart from these fines, fees, and penalties, the driver is also required to have SR22 Car Insurance Policy for a minimum of 3 years. This is an added expense on top of one’s normal car insurance, the premiums of which will likely be going up as well.
Pleading To A Lesser Conviction
In Arizona, anyone facing a second offense DUI can potentially plead to a lesser conviction. They will need the services of a qualified and experienced DUI Defense Attorney who can potentially get the penalties reduced by way of a plea bargain. The driver can also plead not guilty and proceed to trial.
Effects Of A Second Offense DUI
Depending on the circumstances of each case, the outcome for each case will be different. The effects and outcome of a second offense DUI also depend on how strong your defense strategy is. Therefore, it is important to contact a DUI Defense Attorney in Arizona to defend a second offense DUI charge. Contact the Law Offices of Brian D. Sloan at 480-900-0384 or 602-900-0384 for a Free Initial Consultation.
Penalties For An Aggravated DUI In Arizona
An Aggravated DUI charge is taken very seriously in the state of Arizona.
If you are stopped and arrested for a third DUI offense within seven years, or if your license was revoked or suspended at the time, or if there was a child 15 years of age or younger in the vehicle, or you were ordered to have an Ignition Interlock Device at the time of this new DUI arrest, or you were driving the wrong way on the roadway, then the DUI will very likely be charged as a Felony Aggravated DUI.
The charge will be Aggravated DUI with one or two prior Felony convictions if you have ANY prior Felony conviction within a certain time frame, or have any prior Aggravated DUI in your entire life. A person dealing with a second or third Aggravated DUI in their entire life will be facing punishment that can lead to years, if not more than a decade in prison, even if there was no accident, and no one has ever been hurt, and even if the prior Felony convictions were not DUI-related.
A 2nd Offense Felony Aggravated DUI in Arizona, or a second offense Aggravated DUI, is considered an extremely serious offense in Arizona. Anyone charged with a second-offense Aggravated DUI in Arizona will face a “forever allegeable” charge, which can be used against a person as a Prior Felony Conviction if they were to ever get ANY new Felony charge.
If convicted of a second-offense Aggravated DUI in the state of Arizona, the person can face anywhere from 2.25 years up to 7.5 years in prison. They will also have their license revoked for a period of at least 3 years. If they decide to regain their driver’s license after the 3-year suspension period, after going through a Revocation Packet to see if they qualify to get their license back, they will then be required to install an Ignition Interlock Device in their vehicle for at least 2 years.
Your car insurance rates will also spike and you will be required to have an SR22 High Risk insurance policy for at least three years. The SR22 policy costs can vary, but it could end up costing several thousand dollars more over the course of the entire term. That is on top of your normal car insurance, which will also likely go up due to the conviction.
A summary of all the consequences faced after a 2nd Offense Felony Aggravated DUI conviction in Arizona is given below:
- The ‘starting point’ prison sentence of 4.5 years, but it can be reduced anywhere between 2.25 years to 7.5 years.
- Revocation of the driver’s license for at least 3 years.
- Required installation of an Ignition Interlock Device for at least 2 years after regaining the driver’s license back. The cost of installation and maintenance of the IID over the course of two years, which can add up to several thousands of dollars.
- The driver will be required to have an SR-22 insurance policy.
- Around $4,600 in fines and fees
- Alcohol Counseling
- Likely Supervised Probation for several years
A Second-Offense Aggravated DUI charge in Arizona is taken extremely seriously and requires the services of an experienced DUI Defense Attorney. An experienced DUI Defense Attorney can potentially have the charge reduced to a lesser Felony offense, or possibly even a Misdemeanor DUI Offense, but every case is different, and the outcomes depend on whether there are any legal or factual issues in the case.
Consequences Of A Third Offense DUI In Arizona
For anyone to be charged with a third offense DUI in Arizona, the following conditions have to be met:
- They must have been arrested for ANY type of DUI offense – drugs or alcohol
- They must have two previous DUI convictions on their record within the last seven years, determined by the dates of arrest in both cases.
A third offense DUI within seven years is defined under § 28-1383(A)(2) and can actually charged as a first offense Felony Aggravated DUI or a second offense Felony Aggravated DUI. Each carry extremely stiff administrative and criminal penalties.
Penalties for a Third Offense Regular DUI in Arizona
A First Time Aggravated DUI, with no prior Felony convictions, carries the following penalties:
- Minimum of 4 months jail sentence, up to a maximum of 3.75 years
- Minimum fines and fees around $4,700
- 3 years driver’s license revocation
- Installation of an Ignition Interlock Device for at least two years
- SR22 High Risk Insurance for at least three years
- Alcohol screening, counseling, and treatment
It is recommended to contact an experienced DUI Defense Attorney because of the severe penalties that may occur in case of a conviction.