If you are arrested for a second DUI in Arizona within seven years, you might think you know what to expect. However, getting a second DUI charge within seven years will subject you to much harsher penalties.

The consequences for a second Arizona DUI will depend on your blood alcohol concentration and other facts and circumstances surrounding the offense. 

Here is some information you should know about receiving a second DUI in Arizona and what you might expect from the criminal defense attorney at the Shah Law Firm.

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What is a Second DUI in Arizona?

Under ARS 28-1381, you can face a second DUI in Arizona charge under the following circumstances:

• You were impaired to the slightest degree by alcohol, drugs, or any intoxicating substance while driving or having actual physical control of a vehicle.
• You drove or had actual physical control of a vehicle while your blood alcohol concentration was 0.08% or higher.
• You drove or had actual physical control of a commercial vehicle with a blood alcohol concentration of 0.04% or higher and had a commercial driver’s license (CDL).
• You drove or had actual physical control of a vehicle with any amount of illegal drugs in your system.
• A second DUI charge within seven years under this statute is a Class 1 misdemeanor. However, the penalties are more severe than they are for a first DUI charge.

Under ARS 28-1382, Arizona further classifies DUIs by impairment level as follows:

• BAC of 0.08% to 0.149% – Regular DUI
• BAC of 0.150% to 0.199% – Extreme DUI
• BAC of 0.20% and Above – Super extreme DUI

The penalties for an extreme or super extreme DUI offense in Arizona are higher than they are for regular DUIs.

When you are facing a second extreme DUI or a second super-extreme DUI, the penalties will be even more severe.

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What is an Aggravated DUI in Arizona?

An aggravated DUI is found in ARS 28-1383 and is much more serious than the other types of DUI offenses. 

An aggravated DUI is a felony and can be charged under any of the following circumstances:

• You drove or had actual physical control of a vehicle while you were impaired by alcohol or drugs and when your license was revoked, suspended, or canceled because of a previous violation of the DUI statutes or based on a refusal to submit to chemical testing.
• You commit a third DUI offense within seven years in Arizona with two previous convictions in Arizona or from outside of the state.
• You are convicted of any type of DUI when you had a minor younger than age 15 in your vehicle.
• You commit a DUI when you are under court order to have an ignition interlock device installed in your vehicle but drive without one.
• You commit a DUI while driving the wrong way on a highway.

Below, we’ll take a look at what penalties you might face for each of these types of DUIs as a second offense within seven years.

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Penalties for a Second Regular DUI vs. a First Regular DUI

If you are convicted of a regular DUI with a BAC between 0.08% and 0.149%, here are the penalties you might face for a first vs. a second DUI offense in Arizona within seven years:

First Regular DUI	Second Regular DUI within seven years
Class 1 misdemeanor	Class 1 misdemeanor
Jail – Minimum mandatory 10 days up to six months (nine can be suspended with drug/alcohol classes)	Jail – Minimum mandatory 90 days up to six months (60 can be suspended with drug/alcohol classes)
License suspension – 90 days	License suspension – 12 months
Fines- $1,250 +	Fines – $3,000 +
Ignition interlock device installation – 12 months	Ignition interlock device installation – 12 months
Drug and alcohol education courses	Drug and alcohol education classes
Traffic survival school	Traffic survival school
Possible community service	30 days of community service

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Penalties for a First vs. Second Extreme DUI in Arizona

Here are the penalties for a first-extreme DUI vs. a second-extreme DUI in Arizona:

First Extreme DUI (BAC 0.15% to 0.199%)	Second Extreme DUI within seven years (BAC 0.15% to 0.199%)
Class 1 misdemeanor	Class 1 misdemeanor
Jail – Minimum 30 consecutive days up to six months	Jail – Minimum 120 days in jail up to six months
Fines – $2,500 +	Fines – $3,250 +
License suspension – 90 days	License suspension – 12 months
Ignition interlock device – 12 months	Ignition interlock device – 18 months
Drug and alcohol classes	Drug and alcohol classes
Traffic survival school	Traffic survival school
Community service hours may be ordered	30 community service hours

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What are the Penalties for a Second Super Extreme DUI in Arizona

Here are the penalties you might face for a first super extreme DUI vs. a second super extreme DUI within seven years in Arizona:

First super extreme DUI (BAC 0.20% +)	Second extreme DUI within seven years (BAC 0.20% +)
Class 1 misdemeanor	Class 1 misdemeanor
Jail – Minimum 45 consecutive days up to six months	Jail – Minimum 180 days in jail
Fines – $2,750 +	Fines – $3,750 +
License suspension – 90 days	License suspension – 12 months
Ignition interlock device – 12 months	Ignition interlock device – 18 months
Drug and alcohol classes	Drug and alcohol classes
Traffic survival school	Traffic survival school
Community service hours may be ordered	30 community service hours

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Penalties for a Second Aggravated DUI

It is important to note that an aggravated DUI is a felony, and you can be charged with an aggravated DUI even as your first DUI if one of the following circumstances apply:

• You had a minor under the age of 15 in your vehicle and were charged with DUI with a child.
• You committed a wrong way DUI on a highway.
• You caused a DUI car accident that involved injury
• You committed a DUI when you were supposed to have an ignition interlock device installed in your car.
• You committed a DUI while your license was suspended or revoked because of a DUI.
• Any third DUI offense within seven years will also be charged as an aggravated DUI.

If you are convicted of a second felony aggravated DUI within seven years, you will face the following penalties:

• Felony on your record
• The prison from 2.25 years up to 7.5 years with a presumptive sentence of 4.5 years
• Revocation of your license for a minimum of three years
• Ignition interlock device for at least 24 months after you get your license back
• Likely probation supervision for several years
• Fines of $4,600 plus

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Can You Get a Dismissal for a Second DUI in Arizona?

While a second DUI offense in Arizona is serious, it is still possible to defend against it.

Depending on the circumstances, it might be possible for your lawyer to secure a dismissal of your second DUI charge.

Some of the potential DUI defenses that might be available for a second driving under the influence charge in Arizona include the following:

1. Someone else was driving, and you were simply a passenger.
2. The police officer pulled you over without reasonable suspicion that you had committed any type of traffic offense or another crime.
3. The police officer did not have probable cause to arrest you for a DUI.
4. The officer improperly administered the field sobriety tests.
5. The officer administered the breathalyzer test improperly.
6. The officer or the breathalyzer machine was not certified.
7. Your blood was drawn improperly.
8. There was a gap in the chain of custody for your blood sample.
9. The lab analyst made mistakes when analyzing your blood sample.
10. The lab analyst’s certification had lapsed.
11. You had an underlying medical condition that caused a high BAC reading.

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Get Help for a Second DUI in Arizona

If you have been charged with a second DUI in Arizona, the stakes are much higher than what you faced for your first DUI. You should retain an experienced DUI defense attorney as soon as possible for help with determining the best possible defense strategies to use to fight against your charges

DUI Defense attorney Arja Shah at the Shah Law Firm is an experienced criminal defense lawyer who can help you understand how best to defend against your charges. Call us today for a free attorney consultation at (602) 560-7408.