Penalties for a Second DUI in Arizona: Protecting Your Future

Facing the prospect of a second DUI charge can be daunting. Even though you’ve been through the process before, you might have heard that penalties are harsher for repeat offenses.

While this is true, understanding exactly what lies ahead can help give you peace of mind. After all, knowledge is power; and DUI laws are no exception. By understanding the laws and penalties that apply to a second DUI conviction in Arizona, you’ll be better equipped to navigate the legal landscape and emerge on the other side as efficiently as possible.

To that end, let’s explore the penalties for a second DUI in Arizona convictions.

Is a Second DUI a Misdemeanor or a Felony?

Is DUI a felony in Arizona? The good news is that in most cases, a second DUI conviction in Arizona will result in a Class 1 misdemeanor, much like a first offense. However, it’s important to note that although the classification is the same, a second conviction within seven years of the first will result in greater penalties.

The penalties for a second DUI in Arizona consist of¹:

• A minimum of ninety days in jail, thirty of which must be served consecutively
• At least $3,000 in fines and fees²
• Attendance and completion of an alcohol or drug education and treatment program
• Thirty hours of community service
• Loss of driving privileges for one year
• Mandatory installation of an Ignition Interlock Device (IID) upon restoration of driving privileges

If the first offense took place more than seven years ago, then the second DUI will be treated as a first offense, which will result in less jail time, smaller fines, and a shorter period of license suspension.

Extreme DUI

Penalties for second DUIs in Arizona can also be impacted by the unique circumstances surrounding the DUI. For instance, in cases where a driver’s blood alcohol content (BAC) exceeds 0.15%, they can be charged with driving under extreme influence.³

This would still qualify as a misdemeanor, but the DUI penalty is slightly more severe, consisting of 120 days of jail time instead of the previously mentioned ninety.

Can a DUI Be Dismissed in Arizona?

A DUI will rarely be dismissed entirely in the state of Arizona. The only instances in which this may occur would be in the case of:

• A wrongful arrest
• A violation of police procedure
• A lack of evidence

However, upon sentencing in a misdemeanor DUI case, the judge may offer a suspended sentence if the driver attends a drug and alcohol screening, education, and treatment program. If the judge pursues this option, the minimum jail time will also be reduced from ninety to thirty days.

Additionally, while your DUI likely won’t be dismissed, it won’t be considered in future legal proceedings once seven years have passed. Does this mean it’s effectively erased from your record?

Unfortunately, your DUI will always remain on your driving record, regardless of how many years it’s been. However, you can apply for a “set aside” after completing a treatment program. This will result in an official acknowledgment of relief on your record.⁴

What Makes a DUI a Felony in Arizona?

While a second DUI offense is generally charged as a misdemeanor in Arizona, it can be charged as a felony if it qualifies as an aggravated DUI. In fact, any aggravated DUI will be charged as a felony in Arizona, even if a first offense.

An aggravated DUI occurs if:

• It’s the third DUI a driver has received in a seven-year period
• The DUI occurs while the driver’s license is not active
• A person under the age of fifteen is in the vehicle at the time

If your DUI has any of these characteristics, you may be charged with a felony DUI. However, if this is only your second time facing this process, you’re less likely to be charged with an aggravated DUI.

How Long is Your License Suspended for a DUI in Arizona?

According to ARS § 28-1381, Arizona’s misdemeanor DUI statute, a second DUI conviction within seven years results in a one-year loss of driving privilege.

In certain cases, you can apply for a Restricted Driver Permit.⁵ This will allow you to drive for essential purposes, such as to and from work or school as long as you make use of an Ignition Interlock Device and have served ninety days of your license suspension already. There are also options for an Arizona Interlock early removal.

In addition, you will need to comply with court-ordered alcohol and drug treatment programs, provide proof of financial responsibility, and have no outstanding fees or legal action pending on your record.

Trust Smart Start for Your Ignition Interlock Device Needs in Arizona

Once you’ve successfully navigated the legal process for your second DUI in Arizona, the next step in returning to a normal driving routine is installing an Ignition Interlock Device on your vehicle. And that’s where Smart Start comes in.

Our experienced technicians will get you driving quickly and safely with fast and easy installation of our accurate Arizona Interlocks. Then, we’ll ensure you stay compliant with reliable ongoing maintenance whenever you need it.

Contact us to schedule your IID installation today.

Sources:

1. Arizona State Legislature. ARS § 28-1381. Driving or actual physical control while under the influence; trial by jury; presumptions; admissible evidence; sentencing; classification. https://www.azleg.gov/ars/28/01381.htm
2. Forbes Advisor. Arizona DUI Laws (2023 Guide). https://www.forbes.com/advisor/legal/dui/arizona-dui-laws/#arizona_penalties_for_repeat_dui_offenses_section
3. Arizona State Legislature. ARS § 28-1382. Driving or actual physical control while under the extreme influence of intoxicating liquor; trial by jury; sentencing; classification. https://www.azleg.gov/ars/28/01382.htm
4. Forbes Advisor. How Long Does a DUI Stay on Your Record? https://www.forbes.com/advisor/legal/dui/how-long-does-dui-stay-on-record/
5. Arizona Department of Transportation. Restricted Driver Permits. https://azdot.gov/mvd/services/driver-services/license-reinstatement/restricted-driver-permits