SECOND OFFENSE DUI ATTORNEYS IN FLAGSTAFF AND PAGE, ARIZONA

Seeing the flashing blue and red lights in your rear-view mirror is always a nerve-wracking experience, but even more so when you already have a driving under the influence (DUI) conviction on your record. That’s because Arizona punishes repeat DUI offenders more harshly than those caught driving while impaired for the first time.  

And just because the legal system went relatively easy on you the first time, it doesn’t mean it will be that easy the second time. If anything, getting arrested for driving under the influence can be interpreted as an indication that you are a danger to the public. The result? Possible jail time, hefty fines, and a longer driver’s license suspension term.  

Whether you are facing second offense DUI charges due to bad decisions or believe your charge is unfair, you might want to consider contacting an attorney. The 928 Law Firm can assist you at every step of the legal process so you can obtain the best possible resolution.  

What Is a Second Offense DUI in Arizona?  

In Arizona, you can face second offense DUI charges when you get arrested for drunk driving within seven years from your previous DUI arrest. Seven years are calculated from the date of arrest the first time to the date of arrest the second time (not the date of conviction, as many believe). This applies even if a person was convicted of DUI in another state as long as the corresponding statues for the offense match.  

• Example. If you were arrested for DUI for the first time on July 4th, 2018, but you weren’t convicted until October 1st, 2018, the seven-year period begins on July 4th, 2018. If you get arrested for DUI again before or on July 4th, 2025, you will be facing second offense DUI charges.  

It doesn’t matter what caused the person’s impairment to be charged with DUI—it can be alcohol, drugs, or a combination of both. The blood alcohol concentration (BAC) threshold for a second offense is the same as for a first one, which is 0.08%. In comparison to a first-time DUI, the second offense DUI is treated and punished more harshly.

Penalties for 2nd Offense DUI in Arizona 

If you got arrested for DUI again, you are in a much worse situation than you were during your first DUI offense. Your BAC level at the time of the arrest affects the severity of punishment. DUI offenses in Arizona are broken down into three categories: 

1. Regular. DUI is regular when the BAC is lower than 0.15%. The mandatory minimum penalties for second-offense regular DUI are 90 days in jail and $3,000 in fines.  

2. Extreme. DUI is extreme when the BAC is at or higher than 0.15%. The mandatory minimum penalties for second-offense extreme DUI are 120 days in jail, of which 60 you must serve consecutively, and $3,250 in fines.  

3. Super extreme. DUI is super extreme when the BAC is at or higher than 0.20%. The mandatory minimum penalties for second-offense super extreme DUI are 180 days in jail, of which 90 you must serve consecutively, and $3,750 in fines.  

In addition to these penalties, your driver’s license will be suspended for one year regardless of your BAC level. By contrast, the license suspension term for first-time DUI is 90 days. Arizona law also requires mandatory installation of an ignition interlock device when your driving privileges are restored after the suspension.  

What Are the Defenses to 2nd Offense DUI?  

While defending against drunk driving charges when you already have a previous DUI conviction is more difficult, a Flagstaff and Page 2nd offense DUI attorney may still be able to help you minimize the impact of the charge or even secure a dismissal. Depending on the circumstances of the offense, some possible defense strategies include:  

• You weren’t operating the vehicle and had no intent do it 

• Lack of probable cause to pull you over or arrest you 

• Improper administration or unreliable results of field sobriety tests 

• Improper administration or unreliable results of breathalyzer test 

• Improper handling of your blood sample 

• The existence of an underlying medical condition that caused your BAC to be higher 

This is a non-exhaustive list of potential defenses to second offense DUI charges. Everyone’s situation is unique and requires individual attention. The 928 Law Firm can review the facts of your case and determine an appropriate defense.