What Happens After a Second DUI Offense in Arizona?
If you’ve already been arrested once for driving under the influence, you know that it’s a serious offense with some harsh penalties. But getting charged with a DUI for a second time in Arizona leads to even longer jail time and higher fines than a first-time offense. Here’s everything you need to know about getting charged with a second DUI offense in Arizona.
What Qualifies as a Second DUI Offense?
You may face a DUI charge in Arizona if you drive while impaired by any type of drug, including prescription drugs, have a blood alcohol content of at least 0.08%, (or 0.04% for commercial vehicle drivers), or have any dangerous drug in your body.
Driving under the influence is considered a repeat offense if the second incident occurs within seven years from the date of the initial offense. This includes prior DUI convictions in other states. After seven years, the DUI may be treated as a first offense.
What If Your First DUI Offense Was Set Aside?
In Arizona, a DUI conviction can sometimes be “set aside,” meaning it will no longer show up in basic background checks. However, a set-aside offense does not reduce the penalties for second offenses, because it stays on your criminal record and still counts as a prior conviction. You can still face the penalties for a second offense DUI even if the first offense was set aside.
What Are the Penalties for a Second Offense DUI in Arizona?
Just like first offenses, the severity of the penalties depends on the type of DUI charge. However, all DUI second offenses share the following penalties:
- Revocation of your driver’s license for at least 12 months
- Alcohol screening and counseling
- Traffic survival school
- Installation of an ignition interlock device in any vehicle you drive, for at least 12 months
Second Standard DUI (Class 1 Misdemeanor)
You may be charged with a second standard DUI if you have a prior conviction for any kind of DUI and:
- Your blood alcohol content (BAC) is over 0.08% (or 0.04% if operating a commercial vehicle) but below 0.15%
- You’re under 21 years old
- Or your BAC is 0.05% or more and you’re impaired to the slightest degree
The penalty for a second offense standard DUI is a minimum of 90 days in jail and at least $3,000 in fines and fees.
Second Extreme DUI (Class 1 Misdemeanor)
A BAC above 0.15% but below 0.20% with a previous DUI conviction of any kind counts as a second extreme DUI. The penalties include at least 120 days in jail and $3,250 or more in fines and fees.
Second Super Extreme DUI (Class 1 Misdemeanor)
If your BAC is 0.20% or higher and you have any type of prior DUI conviction, you may be charged with a super extreme DUI. The penalties are 180 days or more in jail and at least $3,750 in fines and fees.
Second Aggravated DUI (Class 4 or 6 Felony)
A third offense of any type of DUI charge is automatically an aggravated DUI charge. However, you can be charged with a second aggravated DUI if you have a prior DUI conviction and your second DUI incident involved an aggravating factor like:
- Driving on a revoked or suspended license
- Driving without an ordered ignition interlock device
- Driving with a child under the age of 15 in the vehicle
An aggravated DUI is usually a class 4 felony. However, if you were driving with a child under the age of 15 in the vehicle, then it is a class 6 felony.
The penalties for a second aggravated DUI include at least 8 months in prison, a minimum of $4,000 in fines and fees, a revoked license for 12 months or more, and the installation of an ignition interlock device for at least 2 years.
Scottsdale DUI Attorney
Dealing with a DUI charge is difficult enough the first time around. You’ll need an experienced attorney to help you defend a second offense DUI in Arizona. The Van Norman team has successfully handled hundreds of Arizona DUI cases, and we will fight for the best outcome for you. Call us at 480-481-0616 to schedule a free consultation.
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