If you were arrested for a second DUI in Arizona, you may face harsh penalties. In order to be charged with a second offense DUI, you must have a prior conviction on your record during the past seven years at the time of your arrest. DUI convictions stay on your record for seven years in Arizona, and that period is known as the look-back period. James E. Novak is a former prosecutor who now puts his insights to work for people who have been charged with DUIs and other crimes. As a Phoenix DUI attorney, he may be able to help you determine your next steps following an arrest for a drunk driving offense.
In Arizona, it is illegal to be in actual physical control of a vehicle while under the influence of alcohol or drugs. You can be convicted if you’re impaired to the slightest degree, or if you have a blood alcohol concentration of .08% or more within 2 hours of driving. You can also be convicted if you have any amount of a drug or its metabolite in your body. A second DUI conviction within the lookback period, which is within seven years of an earlier DUI conviction, may entail harsher consequences. You can plead to a lesser charge, and a seasoned DUI defense lawyer can help you pursue a plea bargain.
Second offense DUI may be charged as a regular misdemeanor. You may face 30-90 days in jail. There’s a possibility of getting 60 days of the 90 days suspended where a driver completes alcohol classes. There’s also the potential of facing fines, assessments, and surcharges of over $3000. You may need to pay for your own alcohol screening and attend mandatory alcohol treatment classes, the latter of which you will also need to pay for out of pocket. You can face a year’s suspension of your driver’s license, and after your license is reinstated, you may need to install an ignition interlock device that costs $1000-$1200. You may need to perform 30 hours of community service and maintain an SR-22 car insurance policy, with the added expenses associated with that type of insurance. Your probation may last a maximum of 5 years.
If your blood alcohol concentration was .15-.20, you can face 120 days in jail, and after that you may face home detention. The judge can order home detention after you complete 20% of the 120 days of jail time ordered. In other words, you can do at least 24 days of jail time before you’re permitted to have home detention. The minimum number of days in jail if your blood alcohol concentration is greater than .20 is 180 days. You can only get home detention if you complete 20% of the 180 days of jail time. This means you’ll likely need to do a minimum of 36 days of jail time before you’re allowed home detention.
You shouldn’t assume that the prosecutor can secure a conviction for your second DUI. There are defenses your attorneys may be able to use. Like other crimes, a DUI must be established beyond a reasonable doubt, and in some circumstances, you can raise that reasonable doubt. In other cases, you may be able to show constitutional or procedural violations that should result in evidence being suppressed.
If you are charged with a second DUI in Phoenix, you can consult a skilled lawyer to build a defense on your behalf. Mr. Novak represents defendants charged with DUIs and other crimes in the Phoenix area, including in Mesa, Chandler, Gilbert, and throughout Maricopa County. He can potentially help you negotiate a plea deal or seek to have your charges dismissed under certain circumstances. Call him at (480) 413-1499 or contact us via our online form to learn more about your legal rights and options.