In Arizona, a third DUI within seven years of an earlier DUI conviction carries much harsher consequences than a first or second offense. 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:
Generally, a driver convicted of any of the above offenses is guilty of a class 1 misdemeanor. However, a driver who's convicted of a third DUI is guilty of a class 4 felony.
(Ariz. Rev. Stat. § § 28-1381, 28-1382, 28-1383 (2017).)
"Administrative penalties" are those imposed by 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 DUI arrest, the administrative penalties include:
Once you complete an administrative suspension, you'll have to complete drug and alcohol screening to get your license back.
To challenge an administrative license suspension, you must request a hearing within 15 days of the arrest.
(Ariz. Rev. Stat. § § 28-1321, 28-1381, 28-1382, 28-1385 (2017).)
"Criminal penalties" are those which a court imposes once a motorist is convicted of DUI. For a third DUI, a driver must serve no less than four months in prison before the driver can be eligible for probation, pardon, commutation, or suspension of the sentence. Convicted drivers also face at least $4,000 in fines and assessments, and if the DUI involved alcohol, there’s a 24-month ignition interlock device (IID) requirement. And for drivers who owned the car they were driving at the time they were driving under the influence, vehicle forfeiture is possible.
Also, the DMV will revoke driving privileges once informed of the conviction. The driver cannot apply for reinstatement until one year from the date of the conviction.
When your license is revoked for a third DUI conviction, your driving privileges don’t automatically reinstate after a year passes. You must first complete an investigation packet. This packet includes:
In addition to the packet, you'll need to provide proof of future financial responsibility, known as an SR-22. Once received, the DMV will review the information you've provided and notify you of a final decision in writing.
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.