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Job Loss Due To DUI

What a Second DUI in Arizona Within 7 Years Means?

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.

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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Arizona DUI Car Accident Lawyer

Is an Arizona DUI Car Accident a Misdemeanor or Felony?

Driving under the influence of alcohol or drugs that cause impairment is illegal in Arizona, even including recreational marijuana. These Arizona DUI laws are taken seriously because driving while impaired by alcohol or drugs increases the risk of being involved in a motor vehicle accident.

While most DUIs are Class 1 misdemeanors under ARS 12-1381, you can be charged with a felony DUI if you cause an accident in which someone is injured or killed while you are under the influence of drugs or alcohol.

If you face DUI car accident charges, you should consult an experienced Arizona DUI defense lawyer as soon as possible.

Potential Types of Charges for a DUI Car Accident

If you cause a drunk driving accident, you might face the following types of charges, depending on the circumstances:

Endangerment can be charged as a Class 1 misdemeanor; however, it can also be charged as a Class 6 felony when you are alleged to have placed someone else at imminent risk of serious injury or death. This means that you could face felony endangerment charges if you have a single-car accident with a passenger, even if no one was seriously injured, based on the risk of serious injury or death.

Following DUI accidents, aggravated assault, negligent homicide, vehicular manslaughter, and second-degree murder charges are felony offenses carrying lengthy prison sentences.

If you caused a DUI car accident in which someone was seriously injured or killed, you would likely face one or more of these types of charges in addition to your DUI charge. Since vehicles can be considered dangerous weapons in criminal charges involving DUI accidents, the cases can be classified as dangerous felony offenses.

In Arizona, a dangerous felony conviction requires a mandatory prison sentence without the option of probation.

How much prison time you might face for a felony charge following a drunk driving accident will depend on multiple factors. These factors include the specific offense of which you are convicted, the victim’s age, whether you have prior felony convictions, and whether the prosecutor alleged the offense as a dangerous felony.

Click to Learn More About Arizona Felony DUI Car Accident Charges …

Criminal Speeding or Arizona DUI in a Construction Zone

Arizona DUI in a School Zone, Construction Zone or Airport

Being charged with a DUI in Arizona can result in stiff penalties. However, you might face other consequences and additional charges if you are charged with a DUI in certain areas, including DUI in a school zone, construction zone, or airport.

Below is some information about DUI charges in these types of areas in Arizona.

DUI on Airport Property in Arizona

In most cases, driving under the influence is a state charge in Arizona. This means that most people will be tried for the offense in Municipal Court, Justice Court, or Superior Court and potentially be sentenced to serve jail time in the county jail. However, there are certain situations in which a DUI can be charged and tried in federal court. The potential penalties for a federal DUI are harsher than for a state DUI charge.

Under the US Code of Federal Regulations 36 CFR § 4.23, people can be charged with federal DUI offenses when they drive with a blood alcohol concentration of 0.08% or higher; or when they are impaired to such a degree that they are incapable of driving by any amount of alcohol or drugs. If a person is arrested for a federal DUI in a state that has stricter laws, the penalties under state law will supersede the federal law.

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DUI Rights to an Independent Blood Test

Your Rights to a DUI Independent Blood Test

When you are arrested in Arizona for a suspected DUI, the officer might order a DUI blood test. Before a blood test can be ordered, the officer must first either obtain your voluntary consent or secure a search warrant. Upon drawing your blood, the officer is required to advise you of your right to conduct independent testing of your blood. However, you might not know how to find an independent lab to draw your blood after hours to test it for your alcohol concentration. Because it might take you some time to locate a blood testing facility and get transportation, several hours may have passed. Since the alcohol in your blood dissipates over time, this can be a real problem.

If you ask for independent blood alcohol testing, the officer cannot do things to unreasonably interfere with your right to obtain this sample. When you are arrested for a DUI, you should contact a Phoenix DUI attorney as soon as possible. You have the right to ask for an attorney, and you should do so as soon as you are arrested. You also have the right to ask for an independent blood sample.

Even if you are transported to jail, you can ask the officer to take you to a local hospital to have an independent blood test performed. While you might not understand why this is important, an independent blood sample might help you to identify problems with how the blood test was performed in your DUI case.

Speak to Arizona DUI Defense Attorney Arja Shah Now

We are Open and Available to answer any questions. Free consultations by phone or video chat.
Shah Law has successfully defended over 2,700 clients. We are on your side!

Understanding Blood Testing for DUI Alcohol or Drugs

When your blood is drawn to show the concentration of alcohol in your blood, you might think that the results are valid and accurate, preventing you from defending against a DUI charge. However, blood testing is not infallible. It is possible to challenge the results of a blood test on procedural, handling, and scientific grounds.

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Felony DUI in Arizona

Felony DUI in Arizona: What it Means to Be Charged with Aggravated DUI in AZ and What Your Legal Options Are

While the vast majority of DUIs in Arizona are charges relating to people pulled over with a blood alcohol concentration (BAC) level over 0.08 for the first time and without any further legal complications, there are some Arizona DUI designations that apply to those who have been been charged with DUIs before, or who are driving on a suspended license. 

Felony DUI and Aggravated DUI in Arizona are the Same Thing

A felony DUI in Arizona is also sometimes referred to as an aggravated DUI, and that’s because it typically means the driver has three or more DUI charges at the time of arrest. In other cases, the driver may have been charged with an aggravated DUI because s/he was driving under the influence while his or her license was already suspended or revoked as the result of some other prior charge. 

Some of the Reasons Why You May Be Charged with a Felony DUI in Arizona

You may be charged with a felony DUI if you are driving while under the influence of alcohol and/or drugs and you are also: 

  • Driving on a suspended or revoked license 
  • Driving on a cancelled license
  • You have been charged with three or more DUIs in the last seven years
  • Driving with a passenger(s) under the age of 15 in the vehicle 
  • Refusing to submit to BAC test when an ignition interlock device is installed in your vehicle

 

Make Your First Call to a Phoenix DUI Attorney 

If you have been arrested and/or charged with a felony DUI in Arizona, give Shah Law Firm a call at 602-560-7408 and we can discuss what options you have based on your prior history and the circumstances of your most recent DUI charge. 

Our AZ Law Team Has Years of Experience Defending Aggravated DUI Cases

After having successfully served thousands of people with DUI charges across the entire Phoenix Metro Area and beyond, we know exactly what it takes to get aggravated or felony DUI charges in Phoenix dismissed or reduced so that you can go on living your life and get back on the road safely sooner rather than later. 

Our Arizona aggravated DUI law team is here to assist you during this trying time. We know you’re scared of what the future may hold for you, but we also know what it takes to build a successful DUI strategy anywhere in Arizona. Give our caring and knowledgeable team a call today to get started on your defense at 602-560-7408.

Contact Arja Today to Learn How She Can Help You!

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