What Are The Penalties If This Is My Second Felony DUI?
We first must determine if this is a felony DUI.
This DUI is a felony if it is your third DUI within 84 months (seven years), if you are driving on a suspended, restricted, revoked or canceled driver license, there is someone under the age of 15 in the car or you were driving DUI in violation of a court restriction i.e. without an interlock. These facts will make your DUI a felony.
This is your second felony DUI if you have already been convicted of a felony DUI. Even if that prior DUI had been designated a misdemeanor, it may still be used for charging purposes.
The Legal Jargon: Arizona Revised Statutes (A.R.S.) § 28-1383
The penalties include:
- A minimum of eight months and up to 4.5 years in the Department of Corrections.
- $750 fine with surcharges, jail fees, $250 assessment, $1500 prison fund assessment, $1500 DPS fees and other miscellaneous court fees and charges.
- Revocation of your driver license for at least one year (may apply for a Special Interlock Ignition Restricted Driver License – SIIRDL – after 90 days).
- Use of an interlock ignition device for at least two years.
- Substance abuse screening followed by recommended counseling
- Possible order to attend 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 court order to perform community restitution.
The Legal Jargon: A.R.S. § 28-1383(A)(3); A.R.S. § 28-1383(L)(2).
If you have been charged with a DUI call the Arizona Criminal Defense Attorneys at Oracle Law Group Office.