Navigating Your Second Offense DUI Charge In Arizona
The Importance Of Skilled DUI Defense Amidst Enhanced Penalties & Legal Challenges In Arizona’s Second Offense DUI Cases
Although first DUI arrests and charges can be complicated, second time charges are much more challenging. The penalties, fines, and long-term consequences will be harsher than with a first time offense, and will continue to increase in severity with each subsequent charge. It’s common for a second or third offense DUI to be prosecuted as an aggravated DUI in Arizona.
If you’re facing second offense DUI charges in Arizona, you need the assistance of an experienced DUI attorneywho can work to minimize the consequences and promote a fair outcome of your case.
What Is The Definition Of a Second Time DUI Offense In Arizona?
In order to be charged with a second offense DUI in Arizona, a person who is arrested must meet two criteria:
Arrested for any type of DUI offense, whether drugs or alcohol, and
Have a previous DUI conviction within the last seven years, according to dates of arrest in both cases
The type, severity, and circumstances of the second DUI do not need to be the same; the individual can be charged with a second offense DUI after any type of DUI conviction within the previous seven years. If the individual had a DUI conviction more than seven years prior, the case would be prosecuted as a first time offense, but the prosecution may try to use the prior conviction as a sentence aggravation factor to try to get additional consequences, such as more jail time.
Second offense DUIs are much more complicated than first time DUIs, making the services of a DUI lawyer even more important. Your attorney can guide you through your case based on their expertise, work to reduce your charges, and fight for your rights throughout the process.
What Are The Possible Penalties For a Second Offense DUI?
There are many potential penalties for a regular misdemeanor DUI conviction:
At least 30 days in jail, although your DUI attorney may be able to reduce or substitute much of that time with another consequence, up to 6 months total
Revocation of your driver’s license for one year
Fines and fees of up to $3500
One year of mandatory ignition interlock installation on any vehicle you drive after your license has been reinstated
Mandatory counseling and/or screening for alcohol or other substances
Up to 5 years of probation
30 hours of community service
Traffic school attendance
Requirement to purchase SR22 auto insurance for at least three years, which is much more expensive than traditional auto insurance
Can I Plead Down From a Second Offense DUI?
With the assistance of a DUIlawyer, you may be able to plead down to a lesser conviction, which can potentially result in reduced penalties. Another option may be to be “not guilty” and proceed to trial. Consult with your attorney on which of these choices may result in the best outcome for your situation.
How Can An Attorney Help Me After a Second Offense DUI Arrest?
If you’ve been arrested on second offense DUI charges, remember that you have two very important rights: the right to remain silent and the right to counsel from an attorney. Keeping silent during your arrest can make the difference between a dismissed case and a conviction. Never admit fault or make a bargain with law enforcement at the time of your arrest. Instead, ask for your DUI attorney. It’s also important to remember that an arrest does not necessarily mean that you will be charged, and charges will not automatically lead to a conviction.
Your attorney will consult with you privately and provide legal advice and representation throughout the process. Your lawyer will be present during meetings with law enforcement, work with the prosecution to have your case dismissed or to work out a plea bargain, or build a defense on your behalf if your case proceeds to trial. Additionally, your attorney will ensure that you rights are protected throughout the legal proceedings and provide guidance to promote the best possible outcome of your case. Never try to represent yourself or handle the legal situation without representation from a trusted DUI lawyer.
Seek Experienced DUI Defense For a Positive Outcome In Your Second Offense DUI Case
If you’ve been arrested for a second time DUI, you need immediate representation from a trusted attorney who can work with you to promote a positive outcome. AZ Criminal Defense is ready to help you navigate the complexities of DUI law, build a strong defense on your case, offer trusted legal advice, and guide you through the process from start to finish. We specialize in DUIs and have assisted hundreds of clients to a good outcome! Contact our team today to schedule your free, confidential consultation with one of our attorneys!