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What Are The Penalties If Your Fourth DUI Is A Misdemeanor?

Your fourth DUI is considered a misdemeanor if it is your first DUI outside the 84 month (seven year) period. You will be treated as a first-time misdemeanor DUI offender. However, please note that although the State cannot use your prior convictions to impose increased punishment (this is called “alleging the prior conviction”), they can bring it to the attention of the court and ask the court to enhance your penalty because you have not “learned your lesson.” Please refer to our penalties chart which can be found in our book, DUI: The Next Day, which outlines the consequences for a first-time misdemeanor DUI, which is based on your BAC.

If your fourth DUI is your second DUI within the 84 month (seven year) period, then you will be treated as a second-time misdemeanor DUI offender. Please see the penalties chart in our book, DUI: The Next Day, for your consequences. However, please note that although the State cannot use your prior conviction history to bump you into the higher sentencing guideline, they can bring it to the attention of the court and ask the court to enhance your penalty because you have not “learned your lesson.” Please refer to our book, DUI: The Next Day, which outlines the consequences for a second-misdemeanor DUI based on your BAC.

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.