What Will Happen To Me If I Am Convicted of a DUI For the Second Time?
The Date of Your First DUI and the Amount of Alcohol in Your Blood Determines Your Penalty
If this is your second DUI in 84 months (seven years), the court will look at how the State charged you, the date of violation of your prior DUI and your blood alcohol content (BAC) or the presence of any illegal or prescription drugs in your system at the time of your second arrest.
Read your charges, which can be found on your traffic citation or in your Information (an Information is a legal document used to press charges against you) or indictment. To determine your penalty, you can refer to the information in our book, DUI: The Next Day, to determine possible penalties, which are based on how you have been charged by the State.
In Arizona, for a second DUI conviction you may receive the following penalties:
SECOND OFFENSE REGULAR DUI (Misdemeanor)
1) Driving While Impaired by Drugs, Alcohol or Combination Thereof to the Slightest Degree
CAUTION: Notice that there is no requirement that you have a particular level of alcohol or drugs in your blood. This charge merely requires that you have consumed alcohol and/or drugs and that the State can prove the drugs or alcohol consumed impaired your ability to drive to the slightest degree.
This is a very broad method of charging, and if you make admissions that you were impaired by drugs and/or alcohol, the State may be able to prove you guilty.
The penalties include:·
- Not less than 90 days in jail, 30 days of which shall be served consecutively.
- Fines, surcharges, jail fees, DPS assessments, prison fund fees and other miscellaneous court fees of approximately $4000 or more.
- Revocation of your driver license for at least one year.
- Use of an interlock ignition device for at least twelve (12) months
- Substance abuse screening followed by the recommended counseling.
- Attendance at a Mothers Against Drunk Driving Victim Impact Panel.
- Probation for up to five years.
- Attendance at traffic survival school because you have attained eight points on your driver’s record.
- Possible impoundment of vehicle.
- Thirty (30) hours of community restitution.
The Legal Jargon: Arizona Revised Statutes (A.R.S.) § 28-1381(K); A.R.S. § 28-3319(D)(1)(b).
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.