Fourth DUI in Arizona: Penalties & Defense click for a free consultation

Posted on February 27, 2025 in DUI,DUI Consequences

If you are arrested for a fourth DUI charge in Arizona, then you are going to need the best possible legal representation from criminal defense lawyers who are highly experienced in defending Arizona DUI cases.

What is a Fourth DUI in Arizona?

In Arizona, under the state’s DUI law, ARS 28-1381, a fourth DUI is one that happens within 84 months (seven years) of three previous DUI arrests.

What this means is that if you have three previous DUI offenses on your record and then get arrested for another DUI, but the date of the arrest falls outside that seven-year interval, then the most recent DUI will count against the last sequence of DUIs that happened within seven years prior.

As a simplified example, let’s assume that you were arrested for DUI on January 1, 2018, and convicted for that offense.

Then, on January 1, 2022, and again on January 1, 2023, you were arrested for subsequent DUIs and subsequently convicted for both of them. These are your second and third DUIs because they occurred within seven years of the January 1, 2018, arrest.

Now, let’s assume that you get arrested for another DUI on January 1, 2025. Is this your fourth DUI? No, because the seven-year period runs from January 1 of 2018 through December 31, 2024. So, you would be one day outside of that period.

Instead, this latest DUI would be your third DUI since the arrest on January 1, 2022. If you had been arrested on December 31, 2024, instead of January 1, 2025, then it would have been your fourth DUI.

How Does Arizona Classify a Fourth DUI Conviction?

Generally, under Arizona law, under ARS 28-1383(A)(2), a third or subsequent DUI arrest within 84 months of the first DUI arrest is an aggravated DUI. This includes prior DUI convictions in any other state if the out-of-Arizona conviction would have been a DUI had it happened in Arizona. (Out of state DUI’s require an experienced Arizona DUI attorney to undertake a statutory analysis of the out-of-state’s DUI statutes and compare such to Arizona’s DUI statutes to determine whether an out-of-state DUI would qualify as a “prior” DUI for purposes of Arizona law.)

Subsection B of this statute sets the seven-year period of counting the convictions in the same way that ARS 28-1381(M) does above, from the date of the first DUI arrest, not the first DUI conviction date.

What are the Penalties for a Fourth DUI Offense?

Under ARS 28-1382(O)(1), a conviction for a fourth DUI under Arizona’s aggravated DUI law is a Class 4 felony offense. Upon conviction for an aggravated DUI charge, the court can sentence you to any or all of the following penalties:

• A mandatory prison sentence of at least eight months for three prior DUI convictions under the requirements of ARS 28-1383(E). No probation, pardon, or commutation or suspension of sentence is possible until the minimum eight months have been served.
• The presence of aggravating factors, like having a blood alcohol concentration (BAC) level of 0.15% or more, having a minor under age 15 in the car, or getting into an accident that causes property damage, can increase the prison sentence up to 3.75 years.
• If you have prior felony convictions on your record, including a prior aggravated DUI, then the maximum prison sentence you may face is up to 15 years.
• Your vehicle will be impounded.
• You will be subject to at least $4,000 in fines, plus possible additional fees, surcharges, and costs. Taken together, these can add up to more than $10,000.
• You will face a license revocation (not a suspended license) for at least one year.
• If you obtain a new Arizona driver’s license, you must install an approved ignition interlock device in any vehicle you drive and keep it there for at least 24 months.
• You will be required to attend and complete alcohol and drug screening, education, and treatment programs, including outpatient treatment or inpatient rehabilitation and individual or group counseling sessions.
• You will be required to carry and pay for SR-22 insurance in addition to your car insurance for several years.

These are only the court-ordered sanctions. On top of these severe penalties, you can also experience additional negative consequences from a fourth DUI conviction connected with having a felony conviction on your criminal record. 

These include possible problems in gaining employment, losing any Arizona professional licenses you may have, possessing or owning a firearm, and finding a place to live.

Possible Defenses for a Fourth DUI Charge

The defenses you may raise against a drunk driving charge in Arizona remain essentially the same whether it is the first charge or the fourth one. These include:

• Challenging the legality of the traffic stop that led to the DUI arrest, like whether the police officer had reasonable suspicion to stop you or insufficient probable cause to make an arrest.
• Challenging the way the police gathered their evidence against you, such as whether any BAC samples were properly collected and whether evidence may have been corrupted while in police custody. This includes challenging witness testimony against you and the accuracy of police reports.
• Challenging the way the police followed required procedures, such as whether you were informed of your legal rights, and whether these rights may have been violated while you were in custody.

The availability of these possible defenses depends on the circumstances surrounding every case. This is why it is important to have an experienced Arizona felony DUI defense lawyer on your side when you are negotiating with the prosecution about a possible plea deal or defending yourself in an Arizona Superior Court.

Schedule a Free Consultation With an Experienced DUI Attorney

At the Rosenstein Law Group, we are the only law firm in Northern and Central Arizona with certified DUI and Criminal Law Specialists. You can rely on us to do everything in our power to provide you with the best possible results.

Your case will be in the hands of an experienced aggravated DUI trial attorney who you can trust to fight hard for your defense from start to finish. 

Call today at (480) 248-7666 to discuss your charges and to schedule a free initial consultation, or contact us online.