Second Time Drug-Related DUI Penalties
If you have been charged with your second DUI in seven (7) years (84 months), you could be facing harsher penalties than your first time. The court will look at how the State charged you, the date of violation of your prior DUI and your blood alcohol content or the presence of any illegal or prescription drugs in your system at the time of your second arrest in order to determine what, exactly, your sentence should entail.
For a drug-related DUI, note that there is no requirement that you have a particular level of drugs in your blood or that you even be impaired by those drugs. Arizona is so strict on use of the statutorily listed drugs while driving, even if you’re not impaired by the drug, if the chemical test shows that you have the drug or its metabolite in your system – you get a DUI. This charge merely requires that you have the drug or its metabolite in your system. The State does not have to prove that the drug(s) impaired your driving. It is a defense if you are using one of the statutorily listed drugs as prescribed by your doctor. These drugs are listed in Arizona Revised Statutes § 13 – 3401. The list is long and includes illegal drugs and prescription drugs and, in some cases, the drug’s metabolite.
In Arizona, for a second, drug-related DUI conviction you may receive the following penalties:
- not less than 90 days in jail, 30 days of which shall be served consecutively
- fines, surcharges, jail fees, DPS assessments, prison fund fees and other miscellaneous court fees of approximately $4000 or more
- revocation of your driver’s license for at least one year
- use of an interlock ignition device for at least twelve (12) months
- substance abuse screening followed by the recommended counseling
- attend a Mothers Against Drunk Driving Victim Impact Panel
- probation for up to five years
- attend traffic survival school because you have attained eight points on your driver’s record
- possible impoundment of vehicle
- thirty (30 ) hours of community restitution
The Legal Jargon: Arizona Revised Statutes § 28 – 1381.A.3. For a complete list of the drugs go to Arizona Revised Statutes § 13 – 3401.
If you or a loved one have been charged with a second misdemeanor or felony DUI, it is important to have an experienced DUI attorney on your side. At Oracle Law Group Office, P.C., we have veteran DUI attorneys who want to handle your case and guide you through this difficult time. If you or a loved one has been charged with a DUI, every day counts. Contact us today to schedule a free consultation. At Oracle Law Group Office, we listen, we care, and we want to help.
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