Navigating Your Second Offense DUI Charge in Arizona: Oliverson Law DUI & Criminal Defense Expertise at Your Service

A second DUI conviction in Arizona within 84 months carries significantly harsher penalties than a first offense — including mandatory jail time of at least 90 days, higher fines, extended license revocation, and longer ignition interlock requirements. If a third offense follows within the same window, the charge becomes a Class 4 felony. Defending a second DUI requires an attorney who understands the enhanced penalty structure and knows how to challenge the prior conviction, the current stop, and the testing procedures. At Oliverson Law DUI & Criminal Defense, DUI defense is our core practice. Call (480) 582-3637 for a free case evaluation.

Key Takeaways

• Mandatory 90 Days Jail: A second standard DUI within 84 months requires a minimum of 90 days in jail (60 may be suspended with treatment). Extreme and super extreme second offenses carry 120-180 days.
• One-Year License Revocation: Your license is revoked for 12 months — more restrictive than the 90-day suspension for a first offense.
• A Third Offense Is a Felony: If you are convicted of a third DUI within 84 months, it becomes aggravated DUI — a Class 4 felony with mandatory prison time.

Second DUI Penalties in Arizona

Standard Second DUI (BAC 0.08-0.149)

Mandatory 90 days jail (60 suspendable with treatment), fines exceeding $3,500, 12-month license revocation, 12-month ignition interlock, mandatory alcohol screening and treatment, community service, and probation.

Extreme Second DUI (BAC 0.15-0.199)

Mandatory 120 days consecutive jail, fines exceeding $3,750, 12-month license revocation, 18-month ignition interlock.

Super Extreme Second DUI (BAC 0.20+)

Mandatory 180 days consecutive jail, fines exceeding $4,600, 12-month license revocation, 24-month ignition interlock.

Defense Strategies for a Second DUI

Challenging the prior conviction (was it valid? was it within the lookback period?), challenging the current traffic stop and arrest, challenging BAC testing accuracy, presenting mitigating circumstances, and negotiating to keep the charge from being counted as a second offense. An experienced DUI attorney can identify weaknesses in the prosecution’s case that may not be obvious.

Related Articles

• What Makes a DUI a Felony?
• Consequences of a DUI Conviction
• Arizona DUI Law

Frequently Asked Questions

What is the lookback period for a second DUI in Arizona? 84 months (7 years) from the date of the first offense — not the date of conviction. If more than 84 months have passed, the new DUI is treated as a first offense for sentencing purposes.

Can I avoid jail for a second DUI? Some jail time is mandatory, but the amount may be reduced. For a standard second DUI, 60 of the 90 mandatory days may be suspended if you complete treatment. Your attorney’s goal is to minimize the actual time served.

Will a second DUI become a felony? A second DUI alone is still a misdemeanor. However, it puts you one offense away from a felony — a third DUI within 84 months is automatically aggravated DUI, a Class 4 felony with mandatory prison.

Can I challenge my prior DUI conviction? In some cases, yes. If the prior conviction was obtained without proper advisement of rights, without effective counsel, or through a procedurally defective plea, your attorney may be able to challenge its use as a prior for sentencing enhancement.