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.