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Second Time 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.  In Arizona, for a second DUI conviction you may receive the following penalties:

1)      Driving While Impaired by Drugs, Alcohol or Combination Thereof to the Slightest Degree

CAUTION:  Notice that there is no requirement that you have a particular level of alcohol or drugs in your blood.  This charge merely requires that you have consumed alcohol and/or drugs and that the State can prove the drugs or alcohol consumed impaired your ability to drive to the slightest degree.  This is a very broad method of charging and if you make admissions that you were impaired by drugs and/or alcohol, the State may be able to prove you guilty.

The penalties include:

  • 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.K; Arizona Revised Statutes § 28-3319.D.1 (b). 

2)      Driving with a Blood Alcohol Content (BAC) of more than .08 but less than .015

The penalties include:

  • 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.K; Arizona Revised Statutes § 28-3319.D.1 (b).

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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