Arizona Multiple DUI Arrests
AZ DUI Defense Lawyers Discuss What Will Be Different If You Are Arrested For A Second Or Subsequent DUI
If you are arrested and convicted of DUI in Arizona, it is a mistake you will hopefully only make once. If you’re arrested for a second, third, etc., time, you need to understand the severity of the charges against you. Arizona already has the strictest DUI laws and penalties in the country, which only increase the more times you are arrested for DUI. Because of the harsh penalties you will face if convicted, you need to hire a defense attorney that you can trust. Call or use our online form to schedule your free consultation with one of our experienced AZ DUI defense attorneys today.
How DUI Charges Are Determined
When you are arrested for driving under the influence of alcohol, your charges will be based on your BAC, or blood alcohol content. Your BAC will first be measured with a breathalyzer test, and the results will be confirmed with a blood or urine test. If you are pulled over with a BAC between .04 and .079, the police officer will decide whether you are too intoxicated to drive. For example, you may have had one or two drinks and some medication, or you are sleep-deprived, which further reduces your driving ability. Here, you would be charged with a DUI – Impaired to the slightest degree. The penalties for this charge are the same as for a per se DUI. For a BAC from .08 to .149, you are presumed intoxicated and would be charged with a per se DUI. If your BAC falls between .15 to .19, the charges are increased to Extreme DUI. If your BAC is .20 or higher, you would be charged with Super Extreme DUI. All the charges described above are misdemeanor charges.
Aggravated DUI In AZ
One issue that could be relevant after a secondary DUI arrest is that there is a risk you will be charged with a felony. If certain factors are present, you could be charged with Aggravated DUI. There are four aggravating factors that can result in felony DUI charges: (1) this is your third DUI arrest in 7 years; (2) you had a passenger under 15 years old with you when arrested; (3) you were arrested with an IID installed in your vehicle; and (4) you were driving on a suspended, restricted, revoked, or canceled license. All the penalties and consequences you will face for a felony DUI are far more severe than those for a misdemeanor DUI.
Arizona DUI Jail Sentencing
One of the things that makes Arizona’s DUI laws so strict is the mandatory jail sentencing, even for first time offenders. For a per se DUI, a first time offender must spend at least 1 day in jail. This is increased to 9 and 14 days for Extreme DUI and Super Extreme DUI, respectively. These are only minimums, and the judge can order you to serve more time in jail for several reasons.
If you are convicted twice or more of a per se DUI, your minimum jail sentence will be 90 days. However, 30 days can be commuted if you complete alcohol screening and treatment, and 30 days must be consecutive. For an Extreme DUI, the minimum jail sentence is 120 days, 60 days served consecutively. For a Super Extreme DUI, the 180 days, 90 days served consecutively. If you are convicted of Aggravated DUI, the minimum prison sentence is 4 months.
DUI Fines In Arizona
A DUI conviction in Arizona is expensive, in part due to mandatory fines that will come with your sentencing. The minimum fines for a first DUI are $1,480, $3,000, and $3,250 for per se, Extreme, and Super Extreme DUI, respectively. These increase to $3,000, $3,250, and $4,250 for multiple convictions. The mandatory minimum fine for an Aggravated DUI is $4,000.
Driver’s License Penalties For DUI In Arizona
Another inconvenient part of being convicted of a DUI in Arizona are the penalties for your driver’s license. For a first DUI conviction, your license will be suspended for at least 90 days. You will need to complete several steps to get your license back, like alcohol screening and treatment, defensive driving school, and paying DMV fines. You will also need to obtain SR-22, or high risk, auto insurance. This type of insurance will typically increase your rates by at least double in Arizona. If you are convicted a second or subsequent time of DUI, your license will be revoked for at least one year, but you will be eligible for a restricted license after 45 days if you install an IID device. Your license may also be imposed with other restrictions, like only being able to drive to school and work, or only being able to drive during certain hours.
If you work in certain industries, you may need to keep in mind how a DUI conviction will impact your professional licensure. Losing your license, even temporarily, could be devastating if your job requires you to drive. A DUI conviction in Arizona will also make it harder for you to get a commercial driver’s license in the future. A DUI conviction can also reduce your chances of obtaining other types of professional licenses, such as a Bar license or medical license.
Ignition Interlock Device
After any DUI conviction in Arizona, you will be required to use an ignition interlock device (IID) in order to have your driving privileges reinstated. You will be required to blow into your device and prove that there is no alcohol in your system in order to start your vehicle. You will need to pay a monthly fee for your device maintenance, and you may also be required to pay an installation fee. This is one of the penalties where the minimums don’t actually increase that much for subsequent DUI convictions. For any misdemeanor DUI conviction in Arizona, the mandatory minimum for an IID is 1 year. However, for a first time per se conviction, there is a chance it may be reduced to 6 months.
Other Penalties For Driving Under The Influence In Arizona
There are several other consequences you will face after a DUI conviction, especially if it isn’t your first. You will be ordered to complete community service, and you can expect additional hours if this is your second or subsequent arrest. You will need to complete alcohol screening and treatment, as well as defensive driving school. Furthermore, you will also need to attend an administrative DMV hearing 14 days after your arrest. Failure to attend this hearing will result in your license being suspended for one year.
Contact Our Mesa DUI Defense Attorneys For Assistance
Whether you have been convicted of DUI before, you are facing serious consequences of a DUI arrest in Arizona. That’s why you owe it to yourself to at least see what other options are out there for you besides a public defender. Our legal team has decades of experience defending Arizona DUI cases, which means we are equipped to negotiate you a favorable plea bargain, or defend your case at trial if needed. To learn more about the benefits of hiring our Arizona DUI defense firm, as well as to receive an affordable quote for defense representation, call or use our online form to schedule your free consultation today.
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