Charges of driving under the influence (DUI) are unfortunately very common. 1.7% of people in Arizona reported driving after drinking too much in 2012. In 2018 alone, there were 27,104 DUI arrests. Although Arizona has aimed to decrease the rate of drunk driving by implementing sobriety checkpoints, ignition interlock laws, and license suspensions, DUI’s are also punished with severe penalties, including significant jail time and fines.
Arizona’s DUI laws are strict. A driver can be charged with a DUI for driving under the influence of any drug or alcohol. Like many states, the legal blood alcohol content limit for a DUI is .08%. Drivers who are minors are subject to a zero-tolerance policy, so they may be guilty of a DUI with any amount of alcohol in their system. A driver’s first standard DUI may subject them to up to ten days in jail, a $250 fine, license suspension for up to a year, and a required driver interlock device. For each additional DUI offense, the penalties continue to increase.
If a driver is charged with a second DUI within seven years, they can be charged with a second offense DUI. This offense is still charged as a misdemeanor, but unsurprisingly, it is punished more severely than a first-time offense. Some of the penalties of a second offense DUI include:
When certain aggravating circumstances are met, a DUI charge, which is typically a misdemeanor, may be elevated to an aggravated DUI, which is typically charged as a felony. An aggravated DUI carries even harsher penalties than a standard DUI. Factors that may elevate a DUI to an aggravated DUI include:
As noted, when a driver receives their third DUI within seven years, it can be charged as an aggravated DUI, which is a class 4 felony. For a class 4 felony, the maximum sentence is 3.75 years, while a class 6 felony carries a maximum sentence of 2 years. However, if this was not your first felony, your sentence may increase with the number of allegeable prior felonies.
Other penalties that may come with an aggravated DUI include:
These penalties can be burdensome. An ignition interlock device is a device that prevents you from turning on your vehicle if your blood alcohol content is above a certain level. The driver blows into the device to start the car and at random intervals during the drive. An SR-22 is a certificate you must file with your insurance company to certify that you have insurance. The insurance company must notify the DMV if the policy lapses.
An extreme DUI is a DUI where the blood alcohol content was 0.15 or higher. For a first offense, a driver convicted of an extreme DUI is jailed for at least 30 days and fined at least $2,500. For subsequent extreme DUI’s however, the penalties increase. The penalties for a subsequent extreme DUI include:
Your license will be revoked if you have had two or more DUI convictions. In order to reinstate your license, you need to submit an investigation packet to begin the process of having your license reviewed and reinstated. In addition to the official investigation, you will need to pay an application fee and a reinstatement fee, and most likely will need to file a certificate of insurance and complete a written, vision, and road test.
The penalties for receiving a felony charge can be extremely severe, but there are also long-term consequences of having a felony conviction on your record. Some of these consequences in Arizona include:
The statute of limitations, or legal time limit, on when Arizona may bring an aggravated DUI charge is seven years. The statute of limitations period starts running when the crime becomes known to the state, or when it should have been discovered by reasonable diligence, whichever is first.
Like a first-time DUI offense, there are various defenses a defendant can raise. An experienced attorney may help identify constitutional issues with your case. For example, perhaps the officer did not have probable cause to pull your car over, or you were not properly read your Miranda rights before being questioned. There may also be procedural or technical issues with your testing or other evidence related to the offense. It is important to speak with an attorney before taking a plea deal or going to trial. It is in your best interest to have an experienced, qualified criminal defense lawyer by your side so you do not take an unfavorable or unfair plea bargain. In order to prove that you are guilty of a second or third DUI, the prosecutor must prove every element of your charge beyond a reasonable doubt. Remember that this is a high burden to meet, and a DUI lawyer will understand how to help you minimize your penalties, or even have your case dismissed entirely.
Second and third DUI offenses are extremely serious. Arizona imposes harsh penalties, so you will not want to try to defend yourself in court. The best way to avoid a second or third DUI charge is by refraining from driving while under the influence, but if you have been arrested and charged with a second misdemeanor DUI or an aggravated DUI, it is in your best interest to consult with an experienced criminal defense lawyer who may help make sure your rights are protected during the process. Although the penalties may seem overwhelming, an experienced attorney may be able to identify constitutional or procedural issues with your arrest and BAC testing to help minimize your penalties. You should not try to handle your aggravated DUI charge on your own.