Penalties for 2nd DUI or 3rd DUI in Arizona
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The Arizona DUI laws are known as some of the strictest in the nation. Even a first DUI conviction will result in jail time, unlike in most other states. While the penalties for first-offense standard DUIs are severe, they are even more severe if you have a BAC of 0.15 or 0.20 and above and are convicted of an extreme or super-extreme DUI.
Beyond first-offense DUIs, being convicted of driving under the influence charge for a second time will lead to even more consequences and longer jail sentences.
However, all first and second offenses in Arizona are misdemeanors except in specific aggravated circumstances. The Arizona DUI laws make a third DUI within seven years a class 4 felony, which can affect you for the rest of your life in your career, finances, and even potential relationships.
If you are facing a second or third DUI, you already have experience with knowing how seriously Arizona courts take these types of offenses and are likely very concerned about what your future might bring. It’s critical for you to immediately contact an experienced DUI defense lawyer at the Guardian Law Group to begin building the strongest possible defense case against your charges.
Below is a guide to what you need to know about second or third DUIs, their penalties, and the potential ways a good defense attorney might help.
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► Penalties for a 2nd or 3rd DUI in Arizona
To understand the severity of the penalties for a 2nd or 3rd DUI in Arizona, it’s important to see how first offenses can be prosecuted. A third DUI within 84 months (seven years) is a class 4 felony in Arizona, which can have long-lasting collateral consequences on your life well after you complete your sentence.
The DUI penalty chart below listing the penalties under ARS 28-1381, ARS 28-1382, and ARS 28-1383 might help you understand the differences:
|
DUI Offense Number/Type |
Jail |
Fine |
License Consequences |
Probation eligibility |
Treatment |
Ignition Interlock? |
Community Service |
|
First offense Regular DUI |
10 consecutive days (nine can be suspended |
At least $1,250 |
90-day suspension |
Yes, up to five years, but may be unsupervised |
Mandatory alcohol education and treatment |
Yes, 6 to 12 months at your expense |
At the court’s discretion |
|
First Extreme DUI |
Minimum 30 consecutive days |
At least $2,500 |
90-day suspension |
Yes, up to five years |
Mandatory alcohol education and treatment |
12 months at your expense |
Minimum 30 days |
|
First-Offense Super-Extreme DUI |
Minimum 45 days consecutive with no suspension |
More than $3,250 |
Minimum 90-day suspension |
Yes, up to five years |
Mandatory alcohol education and treatment |
18 months at your expense |
30 hours |
|
Second-Offense Regular DUI within 84 months |
Minimum 90 days (all but 30 can be suspended |
More than $3,500 |
12-month suspension |
Yes, up to five years |
Mandatory alcohol education and treatment |
24 months at your expense |
May be ordered |
|
Second-Offense Extreme DUI within 84 months |
Minimum 120 days; half can be suspended with |
More than $3,700 |
12-month suspension |
Yes, up to five years |
Mandatory alcohol education and treatment |
24 months at your expense |
30 days |
|
Second-Offense Super Extreme DUI within 84 months |
Minimum 180 days with at least 90 consecutive |
More than $4,600 |
12-month suspension |
Yes, up to five years |
Mandatory alcohol education and treatment |
24 months at your expense |
At least 30 hours |
|
3rd DUI within 84 months (Aggravated DUI) |
Four months to two years in prison |
More than $4,000 |
12-month suspension |
Up to 10 years |
Mandatory alcohol education and treatment |
24 months at your expense |
Mandatory community service |
► Can a 2nd DUI Be Dismissed or Reduced to a Lesser Charge?
An experienced attorney at the Guardian Law Group might be able to secure a dismissal of a second (or even third) DUI or a reduction to a lesser offense. Whether it’s possible will depend on the facts and circumstances of your case and the available defenses.
Your lawyer will carefully assess what happened, including how the police conducted your stop, roadsides, arrest, and questioning. They will look at how the breathalyzer testing was performed or how your blood sample was packed and handled as it was transported to the lab for analysis.
Some potential defenses that might be raised to a second or third DUI include:
- Lack of reasonable suspicion to support the stop
- Lack of probable cause to search you or your vehicle or to place you under arrest
- Incorrect administration of the standardized field sobriety tests (SFTs) if you took them
- Improper calibration of the breathalyzer machine
- Not being “under the influence”
- Break in the chain of custody for blood samples
- Lab errors
► When is a DUI in Arizona a Felony?
A first or second DUI is normally a misdemeanor in Arizona unless you drive under the influence with a minor younger than age 15 in your car. If you are convicted of DUI with a minor in your vehicle, it is a class 6 felony, even for a first offense.
A conviction for a third DUI within 84 months or seven years in Arizona is a class 4 felony.
A felony conviction carries prison time instead of jail, can prevent you from obtaining housing and credit, negatively affect your career, and result in the loss of your civil rights to serve on a jury or vote. Felony DUI (aggravated DUI) convictions also come with numerous other severe penalties in addition to a mandatory prison sentence and a stiff fine, including a license suspension, up to 10 years of probation, and others.
Situations in which a DUI is aggravated to a felony DUI under ARS 28-1383 include:
- DUI with a minor under age 15 in your car.
- Third DUI of any type within 84 months, including out-of-state DUI convictions.
- DUI while your license is suspended or revoked.
- DUI with an ignition interlock device.
- DUI while driving the wrong way on a highway.
► Top 5 FAQs About a 2nd or 3rd DUI Charge
1. Can a 2nd DUI be charged as a felony?
Most second DUIs are misdemeanors in Arizona, but they carry severe penalties. However, they can be upgraded to aggravated DUIs if you have a minor under age 15 in your car, get a second DUI with a suspended license, are charged with a DUI with an ignition interlock device on your car, or are arrested for a second DUI while driving the wrong way on a highway.
2. Do out-of-state DUI convictions count?
Yes, out-of-state DUI convictions are counted when the prosecutor decides whether to charge you with a second or third DUI. If you have three DUIs within 84 months, including one or more from out of state, you can be charged with aggravated DUI, which is a felony in Arizona.
3. Can you be charged with a 2nd DUI for drugs even if you haven't been drinking?
Yes, you can be charged with a DUI involving drugs. If you have one or two DUI convictions within the last 84 months, it can be charged as a second or third offense even if the others involved alcohol (and this one did not).
4. Can you be charged with a second or third DUI involving marijuana even though it's legal?
Even though recreational marijuana is legal in Arizona for adults ages 21 and older, it still is illegal to drive under the influence of marijuana or any other drug. If you have one or two prior DUI convictions from the last 84 months, your marijuana DUI can be charged as a second or third offense even though it involves marijuana instead of alcohol.
5. Do I need an attorney to defend me against a second or third DUI?
While you’re never required to hire an attorney to defend you against criminal charges, the stakes are very high for second or subsequent DUIs. It’s never a good idea to try to defend yourself against these types of charges. Experienced criminal defense lawyers at the Guardian Law Group understand the Arizona DUI laws, relevant case decisions, the requirements for testing, and more to help build the strongest possible defense for you.
► Let Us Help Fight Your DUI Charges
If you are charged with a second or subsequent DUI in Arizona, contact the Guardian Law Group immediately. Don’t admit to drinking when speaking to the police or provide any information other than your name, license, and insurance.
Tell the officer you want to remain silent and wish to have a lawyer represent you and call us immediately.
► Our Mission & Promise to You
If you or someone you care about is facing criminal charges in Arizona, you don’t have to go through it alone. Attorney Christian Lueders and the team at Guardian Law Group are commited to your freedom and ready to help.
- Personalized Representation: We understand that every case is unique and tailor our approach accordingly.
- Aggressive Defense: We’re relentless in defending your rights and pursuing the best possible outcome.
- Keeping You Informed: We believe in keeping you updated at every stage so you can make confident decisions.
Your rights, freedom, and future are important. Let us put our experience and dedication to work for you.
- Phone: (480) 316-4618
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16165 N 83rd Ave, Suite 200
Peoria, AZ 85382 - Free Confidential Consultation: Contact us to schedule a meeting to discuss your case in detail.