Generally, the penalties you'll face for a second DUI in Arizona are more severe than the consequences of a first-time offense.
This article covers the basics of Arizona's DUI laws and the specific penalties for a second DUI conviction.
Under Arizona law, it's illegal to drive or be in actual physical control of a vehicle while under the influence of alcohol or drugs. Generally, you can be convicted of DUI if you drive:
In other words, a DUI can be based on actual impairment or the amount of alcohol or drugs in the driver's system.
In Arizona, a DUI is considered a second offense if the driver has one prior DUI conviction that occurred within the past seven years.
Generally, a second DUI conviction is a class 1 misdemeanor in Arizona. However, a second DUI is a felony if it qualifies as an aggravated offense (see below).
Arizona's "aggravated" DUI law imposes stiffer penalties for certain DUI offenses. A DUI is an aggravated offense when the offender drives under the influence:
A driver convicted of an aggravated DUI for having a passenger younger than 15 years old is guilty of a class 6 felony. The other three types of aggravated DUI are class 4 felonies.
Arizona also imposes more several penalties for DUIs involving high BACs. DUIs involving BACs of .15% or more are called "extreme" DUIs. And an offender with a BAC of .20% or greater can be convicted of a "super extreme" DUI.
"Administrative penalties" are those imposed by the Arizona Department of Transportation Motor Vehicle Division (MVD). These penalties are triggered by the arrest and apply even if the defendant's criminal DUI case is later dismissed. For a second DUI, the administrative penalties include:
Once you complete an administrative suspension, you'll have to complete a drug and alcohol abuse screening to get your license back.
To challenge an administrative license suspension, you must request a hearing within 15 days of the arrest.
Special Interlock Restricted Driver License
If your license is suspended for a second DUI conviction, you may be eligible for a special ignition interlock restricted driver license that allows you to drive to and from work, school, and drug and alcohol screening and treatment centers. The requirements vary depending on the type of DUI conviction. Generally, they include:
- completing 45 days of the license revocation period
- completing a drug and alcohol screening (and providing proof)
- providing proof of installation of an IID, and
- providing proof of financial responsibility to the DMV (SR-22).
Even if you meet each requirement, the DMV can still refuse to give you a special interlock restricted driver license. If you're unsure whether you qualify for a restricted license, it's best to contact a DUI attorney in your area.
"Criminal penalties" are those that a court imposes once a motorist is convicted of DUI. For a second DUI, the criminal penalties include:
So, the penalties you'll face for a second DUI in Arizona can differ quite a bit depending on the circumstances of the case.
If you've been arrested for driving under the influence, get in contact with an experienced DUI attorney. A qualified DUI attorney can help you navigate the complexities of DUI law and tell you how the law applies to the facts of your case.