If you have previously been arrested for a DUI in Arizona, a second offense can mean big increases in jail time and fines. Arizona law allows the government to use a misdemeanor DUI prior that is 7 years old. The state uses the date of offense as a guide. So if you have a DUI arrest and conviction on your record, be aware that another DUI arrest can drastically impact your life.
Furthermore, if your DUI conviction was for Aggravated DUI, be aware of the fact that the conviction can be used against you for life! A second felony DUI conviction almost always involves years in prison, not days in jail. Aggravated DUIs are charged where a person is driving while impaired and their license is suspended or revoked. Most people aren’t aware that after a DUI conviction, they need to return to the MVD to pay a small reinstatement fine. If they don’t do this, their license will show as suspended. Another DUI with a license suspension then becomes a felony matter, all because the person failed to pay a small fee.
So here is a breakdown of the misdemeanor DUI penalties for second offenses in Arizona. Keep in mind that a good DUI attorney can always attempt to negotiate a better plea. Furthermore, sometimes prosecutors dismiss or amend charges as they see fit. It is always best practice to call a DUI lawyer for more information. We are available at 602-989-5000 for a free consultation.
The penalties for a second offense regular DUI in Arizona are as follows. The minimum sentence is six days, followed by 24 days of home detention. Some courts do not have a home confinement program, however. If home confinement doesn’t happen, the minimum sentence is 30 days in jail. People are eligible for work release after serving 48 hours in jail. Total fines are $3,473. As with all DUI convictions, judges can assess cost of confinement as well. These costs can run into the many thousands of dollars.
A second offense extreme DUI, (blood alcohol level between .15 and .20) has a range of 24 days in jail to six months. Without home confinement, the minimum is 120 days in jail. Work release is possible after 48 hours of jail.
A second offense super extreme DUI, blood alcohol level above .20, results in a minimum sentence of 38 days in jail, followed by almost 5 months of home detention. Without home detention, the mandatory minimum is a staggering 180 days in jail.
Posted by the DUI lawyers at Alcock & Associates, P.C.
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