What Are the Penalties for a Second DUI in Arizona?

February 9, 2022 Posted in Multiple DUI Offenses

Here are 7 Potential Penalties for a Second DUI in Arizona

Second DUI penalties in Arizona vary depending on the circumstances. Potential consequences include jail time, fines, community service hours, and license suspension or revocation. However, the type of penalty you receive will depend on your age, whether this is your first offense or not, and any aggravating factors – such as driving with a child passenger under the age of fifteen years old. In addition to these potential penalties, some people may be ordered to attend an alcohol safety education program.

1. Suspension of Drivers License

Suppose you are over the age of twenty-five. In that case, the Arizona Department of Transportation has the authority to suspend your driver’s license if you are convicted of driving with a BAC at or above 0.08. Once your privilege is suspended, it will remain that way for anywhere from three months to one year, depending on what type of offense this was for. If you are under the age of twenty-five or your first offense, your license will be suspended for ninety days on the first offense and up to one year if it is not your first time.

2. Vehicle Forfeiture

If you are found to be driving with a BAC at or above 0.08 and there is a child passenger under the age of fifteen years old in the vehicle, Arizona law allows for your vehicle to be seized by law enforcement as well as forfeiture in civil court. For this provision to be applied, the District Attorney must file a petition with the court. The vehicle is not eligible for forfeiture if it is owned by someone other than the driver and was being used without the owner’s knowledge.

3. Mandatory Alcohol Classes

Suppose you are convicted of driving with a BAC at or above 0.08. In that case, you may be required to complete an alcohol safety education program approved by the Arizona Department of Health Services. You may also be ordered to attend additional counseling that is deemed appropriate for your specific circumstances. If you fail to comply with these mandatory requirements, your driver’s license will remain suspended or revoked.

4. Fines and Court Fees

If you are convicted of driving with a BAC at or above 0.08, the standard penalties include fines and court costs established by the Arizona legislative body. The exact amount you will be required to pay depends on your age, whether this is your first offense, and other factors such as how many prior offenses you have had.

5. Jail Time

If you are convicted of a DUI which is your first offense, you will not be sentenced to jail time. If it is not your first offense and the officer believes that there was an aggravating factor, such as having a child passenger under fifteen years old, you may receive up to ten days in jail. In addition, if it can be proven that you were driving with a blood-alcohol level of 0.15 or higher, then you will receive at least thirty consecutive days in jail.

6. Community Service

The judge will either require you to complete a specific number of hours of community service as part of your sentence or order you to attend volunteer work. The number of hours may range from thirty to 480 depending on the circumstances of your case, and these hours must be completed within nine months after sentencing takes place. This is in addition to any other probation or fine you will be required to comply with.

7. Probation that Can Last up to Five Years

If you are convicted of driving with a BAC at or above 0.08, the court may order you to serve probation for anywhere from three months to five years. The exact amount of time depends on whether this is your first offense and other factors presented in court during your trial. You will be required to comply with all of the conditions of probation, which vary but usually include community service, substance abuse counseling, and abstaining from alcohol.

Although Arizona has a legal limit of 0.08, the consequences for driving with a BAC at or above this level can be severe. Penalties, such as fines and jail time, will stay on your record forever, and it could impact future job opportunities for you. If you get caught drinking and driving, it is advisable to seek legal counsel from an Arizona DUI attorney.