Second DUI in Arizona: Penalties & Defenses click for a free consultation

Posted on December 14, 2024 in Blog,DUI

Arizona has some of the strictest laws in the United States when it comes to driving under the influence (DUI) of alcohol or drugs. This is true whether it is your first DUI offense or a second DUI offense.

If you are facing a second DUI charge in Arizona, then it is even more important for you to have expert help from an experienced DUI defense law firm. This is what the Rosenstein Law Group will give you. Our DUI attorneys have the specialized training you will need to deal with prosecutors in plea negotiations and in court.

Call our law office in Scottsdale at (480) 248-7666 today to speak with one of our DUI lawyers and to schedule a free consultation to evaluate your case. You can also reach us here to contact us online.

What Is a Second DUI Offense in Arizona?

Under Arizona law, ARS 28-1381(K) establishes an 84-month period for a second DUI to occur after a prior DUI.

Put another way, if your first DUI happened more than seven years before your second one, then the clock “resets” and Arizona law will treat your most recent DUI as another “first” offense.

• The date on which the 84-month calculation begins is the date of your arrest for the prior DUI, not the prior DUI conviction date.
• If your earlier DUI offense was set aside and/or sealed, it will still count as a prior DUI offense if it happened within 84 months of your second DUI.

What are the Penalties for a Second DUI Conviction?

The punishment for a second DUI offense in Arizona will depend on the kind of DUI the prosecution charges you with. There are three possibilities: a second-offense misdemeanor DUI, a second-offense extreme DUI, and a second-offense super extreme DUI.

It does not matter what the prior conviction was for; it can be for any level of DUI.

The difference between the two is measured by the blood alcohol content (BAC) level:

• A misdemeanor DUI is a BAC level of at least 0.08 (0.04 for a commercial driver’s license) and below 0.15.
• An extreme DUI is one in which your BAC level is at least 0.15 but below 0.20.
• A super extreme DUI is one where your BAC level is 0.20 or more.

Second-offense DUI penalties are Class 1 Misdemeanors under Arizona law unless your driver’s license was suspended at the time, you had a child under 15 in the vehicle, or you had an ignition interlock device requirement and are arrested for DUI while operating a vehicle without it.

Now that we know the degrees of DUI, we can see the penalties for each.

Second-Offense Misdemeanor DUI Penalties

A second-offense misdemeanor DUI conviction in Arizona will carry the following penalties:

• A jail sentence of up to 90 days. 
• You will be fined a minimum of $3,000.
• Your Arizona driver’s license will be suspended for one year. 
• You will need to complete alcohol and drug screening and education, including Traffic Survival School.
• After your driver’s license is restored, for 12 months you will be required to have an ignition interlock device in any vehicle you drive.
• You will be subject to probation for up to five years.
• You will be required to serve 30 hours of community restitution.
• You will be required to carry supplemental SR 22 car insurance for three years.

Second-Offense Extreme DUI Penalties

Second-offense extreme DUI penalties include the following:

• A mandatory minimum jail sentence of 120 days.
• Fines, fees, assessments and surcharges of a minimum of $3,250.
• Your Arizona driver’s license will be suspended for one year. 
• You will need to complete alcohol and drug screening and education, including Traffic Survival School.
• After your driver’s license is restored, for 12 months you will be required to have an ignition interlock device in any vehicle you drive.
• You will be subject to probation for up to five years.
• You will be required to spend 30 hours in community restitution.
• You will be required to carry supplemental SR 22 car insurance for three years.

Second-Offense Super Extreme DUI Penalties

For a second-offense super extreme DUI conviction, your possible penalties are:

• A mandatory minimum of 180 days in jail.
• Fines, fees, assessments and surcharges of a minimum of $3,750.
• You will face a license suspension for one year. 
• You will need to complete alcohol and drug screening and education, including Traffic Survival School.
• After your driver’s license is restored, for two years you will be required to have an ignition interlock device in any vehicle that you drive.
• You will be subject to probation for up to five years.
• You will be required to spend 30 hours in community restitution.
• You will be required to carry supplemental SR 22 car insurance for three years.
• Your vehicle may be impounded.
• You may be required to attend a Victim Impact Panel

Summarizing the Differences in Second Offense DUIs

As you can see from what we have shown above, many of the penalties you can face for a second offense DUI in Arizona are the same. The tables below show some of the distinctions in how Arizona law treats the three levels of misdemeanor DUI convictions.

Differences in Applicable Penalties

Penalty	Misdemeanor DUI	Extreme DUI	Super Extreme DUI
Jail sentence	Up to 180 days	Up to 180 days	Up to 180 days
Ignition interlock device requirement	One year	One year	Two years

Differences in Applicable Fines and Other Monetary Penalties

Fine or Assessment	Misdemeanor DUI	Extreme DUI	Super Extreme DUI
Base fine	$250	$500	$1000
Prison construction and operations fund	$1250	$1250	$1250
Public safety equipment fund	$1250	$1250	$1250
Additional assessment		$250	$250
Total	$3000	$3250	$3750

Third DUI Offense in Arizona

If you are charged with a third offense regular DUI in Arizona in a seven-year time period, the prosecution will often elect to go with an aggravated DUI charge against you. We treat aggravated DUI separately.

Defenses to a Second-Offense DUI

Your possible legal defenses to a second DUI in Arizona will be the same as for a first-time DUI charge with one additional that may be applicable. These include:

• The police did not have a reasonable suspicion to stop you for a DUI, or to conclude that you were in actual physical control of your vehicle.
• The police did not have probable cause to arrest you for DUI.
• The police did not follow proper procedures in administering blood alcohol testing or field sobriety testing on you.
• Improper maintenance or faulty calibration of breathalyzer or other alcohol testing devices.
• The police failed to inform you of your legal rights when questioning you after you are arrested for DUI, or violated those rights.
• The police did not maintain a proper chain of custody of evidence gathered against you.
• Your prior DUI conviction within 84 months was in a different state than Arizona, it may not necessarily constitute a “prior” DUI conviction.

The objective of DUI defenses is to preclude or reduce the likelihood that a prosecuting attorney can prove beyond a reasonable doubt each and every element of the charge(s) against you. This objective applies in plea negotiations as well as at trial should the case get that far.

In plea negotiations, a strong DUI defense prepared by an experienced DUI defense lawyer can increase your chances of having the second DUI charge against you reduced to a lesser charge.

At trial, the same well-prepared DUI defense can lead to your acquittal in a best-case situation or to a lesser charge conviction if the prosecution cannot prove beyond a reasonable doubt the more serious charges.

Protect Your Rights, Call the Rosenstein Law Group Today

In a second DUI in Arizona, building the best DUI defense for plea negotiations and trial requires more than a general understanding of criminal defense law. It takes specialized training, detailed understanding of the state’s DUI laws, negotiation expertise with prosecuting attorneys, and trial court defense experience.

At the Rosenstein Law Group, our attorneys are dedicated DUI defense specialists. We defend our clients against all kinds of Arizona DUI charges: first DUI offense, second-offense DUI, underage DUI, out-of-state DUI, drug DUI, aggravated DUI, and related traffic offenses that often accompany a DUI charge.

Our team of attorneys has over 100 years of combined legal experience and has successfully handled thousands of DUI defenses. Do not trust your DUI defense to just any defense attorney; get our skilled attorneys working on your case immediately without risk. Contact us online or reach us 24/7 by calling (480) 248-7666.