What to Expect When You Have Multiple DUIs in Arizona
Having a single DUI conviction is going to lead to tangible negative consequences. Repeat offenders, however, face even more serious sanctions. Arizona is known as one of the states that have the harshest DUI penalties. Needless to say, repeat offense is prosecuted vigorously and the consequences can be life-altering when you have multiple DUIs in Arizona.
A Second DUI Conviction: The Consequences
Committing a second DUI within the period of seven years (see A.R.S. 28-1387) from the first one will be convicted of a Class 1 misdemeanor. The penalty for a second offense is a jail sentence of at least 90 days and a fine of at least 2,000 dollars.
The jail sentence could potentially be reduced when the driver agrees to complete alcohol and drug screening, as well as a treatment.
The guilty party’s license will be revoked for a period of one year. A final consequence is the installation of an ignition interlock device (IID) in the vehicle of the driver.
These sanctions apply to a standard second DUI. Aggravated DUIs occur whenever a person commits a second DUI on a suspended license, when they refuse to have a BAC test or if there’s a minor in the car. In this instance, the driver will face Class 6 felony charges (when there’s a minor in the car) or Class 4 felony charges (in all of the other cases).
Third and Subsequent DUI Sanctions
While a second DUI is a serious offense, a third DUI is definitely not a violation to underestimate. A person who commits a DUI for a third or a subsequent time over the course of seven years will face felony charges.
A third DUI is considered an aggravated DUI, thus it will lead to Class 4 felony charges.
A driver convicted of an aggravated DUI will have to serve at least eight months in prison. There will also be a fine of at least 4,000 dollars, a mandatory license revocation for a one-year period, a 24-month IID requirement and an eventual vehicle forfeiture.
People who commit an aggravated DUI are not eligible for probation or a suspended sentence. They will have to serve at least four months of prison, after which a few types of probation could eventually become available.
Keep in mind these sanctions will also apply to drivers who have committed a previous DUI in another state. It doesn’t really matter where the violation took place. A subsequent DUI in Arizona will be examined as a second, third or subsequent offense.
Challenging Repeat DUI Convictions
As already mentioned, impaired driving is prosecuted vigorously in Arizona. Police officers are not likely to be lenient when such a violation is established. Repeat offenders will potentially face the harshest possible penalty as a corrective measure.
Challenging repeat DUI charges is not an easy task but it can be done by an experienced attorney.
Inconsistencies in the police report, inaccurate BAC test readings and a violation of the suspect’s constitutional rights can all provide an attorney with reasons to challenge the investigation and the legal process against their client.
If there are aggravating factors (a minor in the car, driving on a suspended license, etc.), these will also have to be addressed. Every single aggravating factor can increase the severity of the penalties the suspect faces, especially with multiple DUIs in Arizona.
On occasions, previous DUIs and arrests can be challenged to make it impossible to sanction a person as a repeat offender.
Whatever the circumstances, you should cooperate with police officers and call your DUI attorney as soon as possible. Remain silent to refrain from incriminating yourself even further and act fast to avoid the harshest possible consequences.