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Multiple Gilbert DUIs

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Penalties for violation of Arizona's drunk driving laws increase if someone has a prior DUI. A prior DUI is considered a conviction for driving under the influence of intoxicating liquor or drugs within the past eighty-four (84) months, or seven (7) years. If a prior DUI occurred more than 7 years prior, the conviction will be treated the same as a first DUI.

2nd DUI (misdemeanor) vs. 3rd DUI (felony)

A second DUI has enhanced penalties beyond a first DUI, but is still treated as a Class 1 Misdemeanor. However, when a driver gets a third DUI within 7 years, it is treated as an aggravated DUI, and prosecuted as a felony. Regardless of circumstance, retaining a Gilbert criminal defense attorney such as myself can help your case immeasurably.

BAC Level for a 2nd DUI

For a second DUI, Arizona continues to categorize violations based on the level of alcohol in the driver's system, as measured by blood alcohol concentration (BAC) within two hours of a person driving or being in actual physical control of the vehicle.

If a driver has a BAC of at least 0.08 percent, but less than 0.15 percent, they will be charged with a regular second DUI. If a driver has a BAC of at least 0.15 percent, but less than 0.20 percent, they will be charged with an “Extreme” second DUI. If the driver has a BAC of 0.20 percent or higher, they will be charged with a “Super Extreme” second DUI.

If you have been charged with multiple DUIs, you are in an extremely compromised position. Contact my Gilbert criminal defense attorney office today to learn more about the options available to you.

2nd Regular DUI

(0.08 BAC < 0.15 BAC)

Categorized as a Class 1 Misdemeanor, DUI charges carry both a minimum and a maximum penalty.

The minimum penalties faced are:

  • 30 to 90 days in jail
  • Alcohol screening and counseling
  • 30 hours of community service
  • $500 in fines and surcharges
  • $250 fee to the Arizona DUI Abatement Fund
  • $1,250 fee to the Prison Construction and Operations Fund
  • $1,250 fee to the Department of Public Safety
  • Revoked driver's license for one (1) year
  • Ignition interlock device in your vehicle for one (1) year

The maximum penalties include:

  • Six (6) months in jail
  • Alcohol screening and counseling
  • $2,500 in fines and surcharges
  • $250 fee to the Arizona DUI Abatement Fund
  • 30 hours of community service
  • $1,250 fee to the Prison Construction and Operations Fund
  • $1,250 fee to the Department of Public Safety
  • Revoked driver's license for one (1) year
  • Ignition interlock device in your vehicle for one (1) year

See Arizona Revised Statutes 28-1381(A)(2).

2nd Extreme DUI

(0.15 BAC < 0.20 BAC)

Categorized as a Class 1 Misdemeanor, an Extreme DUI charges carry both a minimum and a maximum penalty.

The minimum penalties faced are:

  • 120 days in jail
  • Alcohol screening and counseling
  • 30 hours of community service
  • $500 in fines and surcharges
  • $250 fee to the Arizona DUI Abatement Fund
  • $1,250 fee to the Prison Construction and Operations Fund
  • $1,250 fee to the Department of Public Safety
  • Vehicle impounded for 30 days
  • Revoked driver's license for one (1) year
  • Ignition interlock device in your vehicle for one (1) year

The maximum penalties include:

  • Six (6) months in jail
  • Alcohol screening and counseling
  • 30 hours of community service
  • $2,500 in fines and surcharges
  • $250 fee to the Arizona DUI Abatement Fund
  • $1,250 fee to the Prison Construction and Operations Fund
  • $1,250 fee to the Department of Public Safety
  • Revoked driver's license for one (1) year
  • Vehicle impounded for 30 days
  • Ignition interlock device in your vehicle for one (1) year

See Arizona Revised Statutes 28-1382(A)(1).

2nd Super Extreme DUI

(0.20 BAC +)

Categorized as a Class 1 Misdemeanor, a Super Extreme DUI charges carry both a minimum and a maximum penalty.

The minimum penalties faced are:

  • Six (6) months in jail
  • Alcohol screening and counseling
  • 30 hours of community service
  • $1,000 in fines and surcharges
  • $250 fee to the Arizona DUI Abatement Fund
  • $1,250 fee to the Prison Construction and Operations Fund
  • $1,250 fee to the Department of Public Safety
  • Vehicle impounded for 30 days
  • Revoked driver's license for one (1) year
  • Ignition interlock device in your vehicle for two (2) years

The maximum penalties include:

  • Six (6) months in jail
  • Alcohol screening and counseling
  • 30 hours of community service
  • $2,500 in fines and surcharges
  • $250 fee to the Arizona DUI Abatement Fund
  • $1,250 fee to the Prison Construction and Operations Fund
  • $1,250 fee to the Department of Public Safety
  • Revoked driver's license for one (1) year
  • Vehicle impounded for 30 days
  • Ignition interlock device in your vehicle for two (2) years

See Arizona Revised Statutes 28-1382(A)(2).

Aggravated DUI or 3rd DUI

If you are convicted of having a third DUI violation within seven (7) years of two previous DUI convictions, you will be convicted of an aggravated DUI. Additionally, if you get a DUI while your license is suspended, revoked, or restricted, you will be charged with an aggravated DUI. With an aggravated DUI, the penalties increase sharply.

An aggravated DUI is a felony and carries increased minimum and maximum sentences. If you are convicted, you face a sentence of:

  • From four (4) months to more than 3 years and 9 months in jail
  • Driver's license revoked for three (3) years
  • Probation for up to 10 years
  • Fines up to $150,000 plus an 80% surcharge
  • $250 fee to the Arizona DUI Abatement Fund
  • $1,500 fee to the Prison Construction and Operations Fund
  • $1,500 fee to the Department of Public Safety
  • Vehicle impounded for 30 days PLUS possible forfeiture
  • Ignition interlock device in your vehicle for two (2) years

See Arizona Revised Statutes 28-1383.

Additional Costs and Fees

In addition to the above listed mandatory fees and fines, you will be responsible for paying the costs of all the services and requirements of your penalty. If you have multiple DUIs, any insurance companies will terminate your policy. It may be difficult to find a new insurance company, and if they do provide coverage, the monthly premiums will be extremely high. The increased insurance premiums usually stay in place for three years. These costs can quickly add up to thousands of dollars.

You will be responsible for paying for:

  • Substance abuse screening
  • Substance abuse classes
  • Ignition Interlock Device installation and monitoring
  • Driver's license reinstatement fee
  • Vehicle impound fee
  • SR-22 Insurance Certificate of Financial Responsibility filing fee (for a period of three years)
  • Increased auto insurance premiums (for a period of three years)

If you have been arrested for your second DUI anywhere in the Phoenix Metro Area, call the one local DUI attorney who is a both former police officer and prosecutor.

Take action NOW by contacting me at The Law Offices of Jonathan Warshaw at 480-390-2537.

Contact Us Today!

If you're charged with a Driving Under the Influence offense, it's possible to have your charges dismissed with the assistance of a skilled DUI lawyer. However don't wait... You Must ACT NOW!

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