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

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.