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Originally Posted On: https://thevalleylawgroup.com/blog/second-dui-charge-az/
What You Need to Know When Facing a Second DUI Charge in Arizona
DUI laws in Arizona are extremely strict and can result in significant consequences. For those facing a charge for a repeat offense, the penalties can be overwhelming. If you’re facing your second DUI charge within the span of 7 years, you may experience consequences like an extended amount of time in jail, hefty fines, and a mandatory ignition interlock device placed on your vehicle.
Since DUI laws are so strict, it can be challenging to avoid a conviction in court. To successfully defend yourself against a second DUI, you need a detailed defense strategy to cast doubt on the facts of the case or to help lessen the severity of your sentencing. To do so effectively, it is crucial to have an experienced DUI alcohol lawyer on your side. Their knowledge and experience can make a significant difference in the outcome of your case.
The Valley Law Group is a trusted Phoenix DUI defense law firm. Our lawyers have extensive education and experience that equips them to handle DUI cases with compassion and skill. They have helped many clients pursue dismissal or reduction of second DUI charges, and they can work with you toward the same goal.
Understanding Arizona DUI Laws For a Second Offense
Regarding DUI charges, the number of previous offenses on your record can impact the consequences you’ll face. Repeat offenders often face more serious penalties, such as more time in jail and higher fines. You may also experience a license suspension or revocation. First-time offenders typically face less severe consequences.
While both a first- and second-offense normal DUI charge are classified as a Class 1 misdemeanor, you can identify their legal differences by the penalties they impose. It is more difficult to defend a second DUI charge because it can appear like you did not learn from the penalties you received for your first offense.
A second offense must occur within 7 years of a previous DUI charge; otherwise, it may be classified differently. Once 7 years have passed, any future DUI charges can be treated as a first-offense charge and face only the proportionately lesser penalties of a first offense.
If you are facing a second-offense DUI charge, it is important to have an experienced defense lawyer on your side who has handled second-offense DUI cases before. Because they are treated more severely than first-offense cases, your lawyer must create a strategic plan for advocating for you in court. Our extensive past experiences with second-offense cases make us a vital asset for your defense.
Potential Penalties For a Second DUI in Arizona
If you are charged with a second regular DUI offense in Arizona, there are several potential penalties you can be given.
These include:
- Jail time lasting between one to six months
- License suspension for up to a year
- Fines of $3,000 or more
- A mandatory ignition interlock system installed in your vehicle
- Educational classes on drug and alcohol use
- Driving school
- Required community service hours
It may not always be possible to have second-offense DUI charges completely dismissed. However, there are ways to reduce your penalties, such as eliminating jail time or providing an alternative way to serve your sentence. A Scottsdale DUI lawyer can help you do this. We can negotiate for your participation in driving school or other educational classes on drug and alcohol use in lieu of a longer jail sentence.
Defenses Against a Second DUI Charge
While each defense attorney’s approach is unique to fit the specific needs of their client, there are a few common defenses to second DUI charges that can be taken. Some of these include:
Challenging Evidence
One of the most important aspects of any defense case is that the prosecution has factual evidence to back up their claim. As the defendant, you are not required to prove your innocence. Instead, the prosecution must prove that you are guilty. If evidence is lacking or faulty, it can be extremely difficult to prove guilt. Your lawyer can challenge the prosecution’s evidence to create doubt as to whether you are guilty.
Challenging Law Enforcement Conduct
Police officers who pull you over have rules that they must follow. One of these is a requirement of reasonable suspicion, meaning that they must have a valid reason for stopping you. They must be able to say that they reasonably believed you were committing a crime or were about to. Your lawyer can question their intentions and the authenticity of their reason for stopping you.
Negotiating with the Prosecution
When it is not possible to achieve a dismissal, the next best thing a defense attorney can do is to have your charges reduced as much as possible. They can work with the prosecution to minimize the time you spend in jail, the amount of fines you pay, and other consequences as well.
How to Beat a Second DUI Charge?
Hiring the right defense attorney can provide you with a better chance of beating a second DUI charge. A law firm with experience defending second-offense clients has a better idea of what kind of defense strategy will suit your needs. Many DUI law firms may have experience, but second-offense DUI cases are complex and detailed, which is why experience with handling these DUI cases is crucial.
One significant aspect of prosecuting a DUI case is to prove that law enforcement had probable cause for pulling you over. When you and your lawyer are planning your defense strategy, it is important to share details with them about how and when the officer pulled you over. If law enforcement committed unlawful actions to pull you over, the evidence obtained from that stop could be dismissed.
The Importance of Hiring an Experienced Arizona DUI Lawyer
If you have been charged with a second offense DUI, there is much more at risk than there was for your first offense. Arizona DUI laws are harsh and unforgiving, which is why it is important to get started building a strong defense right away. Your defense lawyer must have time to gather evidence that supports your innocence or proves why your charges should be reduced. This can take time and require significant attention to detail.
A defense lawyer experienced in second-offense cases knows that details matter. One small detail can make major changes to the penalties you are facing. For example, your charges may be dropped if evidence finds that you were a passenger in the car rather than the driver,
At The Valley Law Group, our team pays close attention to these details. We understand that each case is unique because each client is unique, and we work to build a defense case that is specially tailored to each client. There is no one-size-fits-all defense case, which is why we value getting to know you and prioritize non-judgmental, comprehensive legal counsel.
Steps to Take After a Second DUI Charge
If you are charged with a second DUI, there are important practical steps to take. The decisions you make and things you say directly after being pulled over and charged can impact the outcome of your case.
Remain Compliant and Polite
If you are pulled over, it is vital that you remain compliant with law enforcement and interact in a polite, calm manner. Do not become angry, and do not resist arrest, even if it is unlawful. It can be detrimental to your character representation in court if the officer(s) testifies that you resisted or were difficult to deal with during this process.
Secure a Second DUI Attorney
The first thing you should do after you are charged with a DUI offense, especially a second one, is to reach out to an experienced DUI alcohol lawyer. It is crucial that you find an attorney who has handled second DUI defense cases before. Even if your previous attorney was able to dismiss your case or get the penalties reduced, a lawyer who knows how to handle second offenses can make a great difference in such a case.
Continue to Comply with What Is Requested of You
Complying with other requirements after being charged, such as having the ignition interlock device placed on your vehicle, can also be helpful. Building up a record of proof that you are able to drive safely while not intoxicated can add credit to your character and case.
Plan Your Defense
Together, you and your defense lawyer can work to gather evidence in your favor and negotiate with the prosecution for a plea bargain if that becomes necessary. If a trial is required, your attorney can help you plan for possible outcomes. If the charges cannot be dropped, you and your attorney can devise steps you can take to help reduce the charges. This may include driving school, alcohol education classes, community service, and more.
A skilled Scottsdale DUI lawyer can guide you through each of these steps so you are less overwhelmed. Instead of carrying the weight of these complex decisions on your own, you can share that burden with someone who understands the complexities of the legal system and can demystify them to ease that burden. Working with an experienced second-offense Phoenix DUI defense attorney can help you achieve the most ideal outcome for your case.
Second-Offense DUI Charges FAQs
Second-offense DUI charges are complex and can be handled in a variety of ways depending on the specifics of any given case. Below are some frequently asked questions that may not have been sufficiently addressed in the article above.
What Is an Extreme DUI?
An example of an extreme DUI is any case where a driver’s BAC (blood alcohol concentration) levels are over 0.15%. Punishments can include 60 days or more in jail, thousands of dollars in fines, and a mandatory installation of an ignition interlock device on your vehicle. As the amount of alcohol in your blood increases, so do your penalties in the state of Arizona. Consequences for an extreme DUI will be more severe than for those of a regular DUI charge.
What Is a Super Extreme DUI?
An example of a super extreme DUI is any case where a driver’s BAC levels are at 0.20% or higher. These charges can result in significant consequences, such as spending between one and two months in jail as well as paying thousands of dollars in fines. The consequences can increase if you are charged with a second offense, super extreme DUI.
What Is an Ignition Interlock Device?
An ignition interlock device is a small device that is placed in your vehicle that requires you to be sober before the vehicle may be driven. The driver blows into the device so that it can calculate whether there is alcohol on the person’s breath. If so, it does not allow the car to start. These devices can be extremely sensitive, detecting even the most faint trace of alcohol.
What Is a Field Sobriety Test?
In Arizona, there are three main tests called field sobriety tests that can be performed on someone law enforcement believes may be under the influence of drugs or alcohol. The horizontal gaze nystagmus test checks the movements of a person’s eyes to determine sobriety. The walk-and-turn test checks a person’s ability to walk in a straight line, turn around, and walk back without stumbling or falling. The third test involves standing on one leg to check a person’s balance to indicate sobriety.
Contact Our Arizona DUI Lawyers
The severity of a second-offense DUI charge cannot be understated, nor can the necessity of hiring an experienced defense attorney. Facing the full penalties for a second-offense DUI charge can have detrimental effects on both your personal and professional life, impacting your family, your career, and your future.
If you or a loved one are facing second-offense DUI charges, do not wait to take action. These cases are time-sensitive, and building a strong defense requires detailed research. Begin working with a lawyer right away. Contact The Valley Law Group today to learn more about how we can help. We are happy to answer any questions you may have and to listen to the details of your case.
Sources:
- Arizona State Legislature. (n.d.). A.R.S. § 28-1381: Driving under the influence. Retrieved from https://www.azleg.gov/ars/28/01381.htm
- Arizona Department of Public Safety. (n.d.). Impaired driving in Arizona. Retrieved from https://www.azdps.gov/services/enforcement-services/impaired-driving#:~:text=In%20Arizona%2C%20if%20you%20are,%2C%20under%2021%20%2D%200.00%25)
- Arizona Department of Transportation. (n.d.). License revocation and suspension. Retrieved from https://azdot.gov/mvd/services/driver-services/license-revocation-and-suspension
- Arizona Governor’s Office of Highway Safety. (n.d.). Impaired driver training. Retrieved from https://gohs.az.gov/highway-safety-programs/impaired-driver-training
