2nd Offense DUI
Anyone Arrested for a DUI/DWI in Arizona Within 7 Years of a Previous DUI/DWI Conviction
What Is Second Offense DUI?
If a person is arrested and prosecuted for committing another DUI under ARS 28-1381 or 28-1382 within 7 years of committing the first, the State will allege the new DUI as a 2nd offense DUI. A second time offense, if charged as a second offense occurring within this timeframe, is a Class 1 Misdemeanor. As a result of the State alleging the first offense as an enhancement prior, the mandatory minimum penalties increase substantially.
If you are charged and convicted of a 2nd DUI offense, the court will be required to impose the following minimum jail time:
Impaired to the Slightest Degree or Driving with a BAC above .08 (2nd offense): Mandatory minimum 90 days in jail, 30 of which must be served consecutively. If the person completes a court ordered counseling program then the court may suspend the remaining 60 days in jail;
Extreme DUI with a BAC above .15 and below .20: Mandatory minimum 120 days in jail;
Extreme DUI with a BAC above .20: Mandatory minimum 180 days in jail.
In addition to the mandatory jail time, the court will again be required to impose substantially high fines, jail fees, court ordered substance abuse counseling, and community service hours. You can also be placed on probation for up to 5 years. Separate from the court penalties, MVD will also suspend your driving privileges for a minimum of one year, and will require counseling and traffic school prior to reinstating your driving privileges once the suspension period is over. Once you get your driver’s license back MVD will also require that you install the ignition interlock device in your vehicle for a minimum of one year.
Ramifications for a Second Offense DUI Under Ars 28-1382
Under ARS 28-1382(E), if within a period of 7 years, a person is convicted of a second violation of this section, or 28-1381, or 28-1383, the person shall be sentenced to serve not less than 120 days in jail, 60 days of which shall be served consecutively, if the conviction is under 28-1382(A)(1) (BAC above 0.15 but below 0.20). And, a person who is convicted of a violation of 28-1382(A)(2) (BAC above 0.20) and has been convicted of a prior DUI within a period of 7 years, shall be sentenced to serve not less than 180 days in jail, 90 of which shall be served consecutively. A person will also be required to pay significant fines, and up to 5 years probation, and be ordered to perform at least 30 hours of community restitution (work service).
Much like the Sub (I) discussed above, the judge may suspend all but 9 days for a conviction under ARS 28-1382(A)(1) if the person equips any vehicle they operated with a certified ignition interlock device for 12 months. For a conviction under 28-1382(A)(2), a judge may suspend all but 14 days of the sentence if the person equips any motor vehicle with a certified ignition interlock device for 12 months.
For a second time DUI where the person is convicted under ARS 28-1382, the person’s driving privilege will be revoked for a period of at least 1 year, as well as be required to install an ignition interlock device for more than 1 year. However, under ARS 28-1382(H), after completing 45 days of the revocation period (of 1 year), a person is eligible for a special ignition interlock restricted driver license.
Ramifications for a Second Time DUI Within 7 Years in Arizona Under Ars 28-1381(A)
If a person is arrested and prosecuted for another committing another DUI under ARS 28-1381(A) within 7 years of committing the first, the State will allege the second DUI as a second time offense. A second time offense, if charged as a second offense occurring within this timeframe, is a Class 1 Misdemeanor (however, a person must be careful as a second DUI while the license is suspended for the first will result in a Class 4 Felony Aggravated DUI). As a result of the State alleging the first offense as an enhancement prior, the penalties increase, and the punishment is governed under ARS 28-1381(K), which states that if within a period of 84 months a person is convicted of a DUI under 28-1381(A), but has previously been convicted of a violation of 28-1381(A) (this section), 28-1382 (Extreme and Super Extreme DUI), or 28-1383 (Felony Aggravated DUI).
If this occurs, there will be additional fines, as well as the requirement to pay fees for other funds, including the Prison Construction and Operations Fund. But, most importantly, the incarceration time significantly increases. For a second time DUI prosecuted under ARS 28-1381(A), a person shall be sentenced to serve not less than 90 days in jail, 30 of which shall be served consecutively (one day after another not to be broken up), if the person completes a court ordered alcohol or other drug screening. However, if a person fails to complete the screening and counseling, a Judge may issue an Order to show cause as to why the remaining jail sentence should not be served. Also, as a ramification under this section, a person faces up to 5 years probation for a misdemeanor DUI, and also shall be ordered to perform at least 30 hours of community restitution (work service).
The DMV obviously takes action for a second time DUI offense in Arizona. Pursuant to ARS 28-1381(K), a person’s license will be revoked for a period of 1 year, and an ignition interlock device will be Ordered to be installed. Under ARS 28-1381(O), after completing 45 days of the revocation period, a person subject to this section is eligible for a special ignition interlock restricted driver license pursuant to ARS 28-1401.
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