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What are the penalties if I am convicted of an AGGRAVATED DUI for the Second Time?

by in Arizona DUI Blog, Arizona DUI Task Force, BAC, DUI Court, DUI laws, Felony DUI, Penalities, Uncategorized

SECOND OFFENSE AGGRAVATED DUI (FELONY) Yes, your second DUI can be a class IV or class VI felony if you are driving impaired:

1)       While your driver license is suspended, canceled, revoked, refused or on restriction; or

2)       A person under 15 years of age is in the vehicle with you; or

3)       This is your third DUI conviction in an 84-month (seven year) period; or

4)       You are under requirement that an interlock be installed on your vehicle and, while being investigated for DUI, you refuse to submit to a test to determine whether or not you were DUI; or

5)       You are under requirement that an interlock be installed on your vehicle, and during this time you commit another DUI.

The penalties include:

  • One or more days in jail and up to four months in prison.
  • Fines, surcharges, jail fees, DPS assessments, prison fund fees and other miscellaneous court fees of approximately $2000 or more.
  • Suspension of your driver license for at least one year
  • Use of an interlock ignition device for at least one year following reinstatement of your driver license.
  • Substance abuse screening followed by the recommended counseling.
  • Attendance at a Mothers Against Drunk Driving Victim Impact Panel.
  • Probation for up to ten (10) years.
  • Attendance at traffic survival school because you have attained eight points on your driver’s record.
  • Possible impoundment of vehicle.
  • Possible court order to perform community restitution.

The Legal Jargon: A.R.S. § 28-1383(A)(3).

If you have been charged with a DUI or Drug related DUI, contact the Arizona criminal defense lawyers at Oracle Law Group Office P.C. for assistance with your criminal case.