First Offense vs. Second Offense DUI in Arizona
Getting arrested for driving under the influence (DUI) in Arizona is a daunting experience that can have significant consequences for your life and future. Arizona does not take drunk and drugged driving offenses lightly. State law penalizes second and subsequent DUI offenses more harshly than first offenses.
What Is a DUI in Arizona?
Arizona Revised Statute § 28-1381 states that “It is unlawful for a person to drive or be in actual physical control of a vehicle while under the influence of an intoxicating liquor, drug, vapor-releasing substance containing a toxic substance or any combination.” This law applies if the substance impairs the person even to the slightest degree.
In Arizona, a driver is automatically assumed to have broken the DUI law if he or she is caught driving a vehicle with a blood alcohol concentration (BAC) level at or above the legal limit of 0.08. This limit is lowered to 0.04 for commercial drivers and any detectable amount for drivers under the age of 21 (the legal drinking age in Arizona).
Penalties for a First-Offense DUI in Arizona
A person who is convicted of violating Arizona’s driving under the influence law is guilty of a class 1 misdemeanor unless there are aggravating DUI circumstances in Arizona that enhance this crime to a felony. If a child under the age of 15 was in the vehicle at the time or the intoxicated driver caused a car accident, for example, the charge could be enhanced to a felony.
The penalties for a first-offense misdemeanor DUI conviction include the following:
- Up to 10 days in county jail
- A monetary fine of $250 up to $1,250 (plus surcharges)
- Required community service hours
- A mandatory ignition interlock device installed on every vehicle driven
- Driver’s license suspension for up to 90 days
A DUI defense attorney can help a suspect avoid jail time and other serious consequences associated with a drunk driving conviction by fighting for an alternative sentence, such as alcohol treatment or home detention instead of incarceration. However, this may not be an option for repeat DUI offenders.
Penalties Are Enhanced for Second-Offense DUIs
If an individual in Arizona is convicted of driving under the influence of drugs or alcohol for a second time within seven years of the first conviction, he or she will face greater penalties than with the first DUI conviction. Arizona enhances penalties for repeat DUI offenders in an attempt to discourage individuals from recidivism, or committing multiple DUIs.
The consequences of a second-offense DUI in Arizona can include:
- Regular DUI (BAC below 0.14): a minimum of 90 days in jail
- Extreme DUI (BAC between 0.15 and 0.199): a minimum of 120 days in jail
- Super extreme DUI (BAC above 0.20): a minimum of 180 days in jail
- A fine of up to $2,500 (plus surcharges)
- Required community service hours
- A mandatory ignition interlock device installed on every vehicle
- Driver’s license suspension for at least one year
- Drug or alcohol treatment programs
With drug and alcohol screening programs, it may be possible to reduce jail sentences associated with a second-offense DUI in Arizona. However, alternative sentencing options are less likely in extreme and super extreme DUI cases. Hiring an experienced DUI lawyer in Arizona is the most effective way to protect your legal rights whether this is your first, second or subsequent DUI charge. For a free DUI case consultation in Scottsdale, contact Corso Law Group.
