2nd Offense Arizona DUI
An experienced team dedicated to helping people get out of trouble. Our attorneys include a former DUI judge, prosecutors, and police officer.
What Is Second Offense DUI?
Anyone arrested for a DUI/DWI in Arizona within 7 years of a previous DUI/DWI conviction faces enhanced penalties as a second offense. If a person is arrested and prosecuted for committing another DUI under ARS 28-1381 or 28-1382 within 7 years of committing the first, the State will allege the new DUI as a 2nd offense DUI.
A second time offense, if charged as a second offense occurring within this timeframe, is a Class 1 Misdemeanor. As a result of the State alleging the first offense as an enhancement prior, the mandatory minimum penalties increase substantially.
Second Offense DUI Penalties
If you are charged and convicted of a 2nd DUI offense, the court will be required to impose the following minimum jail time:
Impaired / BAC Above 0.08 (2nd Offense)
Mandatory minimum 90 days in jail, 30 of which must be served consecutively. If the person completes a court ordered counseling program then the court may suspend the remaining 60 days.
Extreme DUI — BAC Above 0.15
Mandatory minimum 120 days in jail, 60 of which must be served consecutively.
Super Extreme DUI — BAC Above 0.20
Mandatory minimum 180 days in jail, 90 of which must be served consecutively.
Additional Consequences
Substantially high fines, jail fees, court-ordered substance abuse counseling, community service hours, and probation for up to 5 years.
Ramifications for a Second Offense DUI Under ARS 28-1382
Under ARS 28-1382(E), if within a period of 7 years, a person is convicted of a second violation, the penalties increase significantly:
Criminal — BAC 0.15 to 0.20
Not less than 120 days in jail, 60 of which shall be served consecutively. A judge may suspend all but 9 days if the person equips any vehicle with a certified ignition interlock device for 12 months. Significant fines, up to 5 years probation, and at least 30 hours of community restitution.
Criminal — BAC Above 0.20
Not less than 180 days in jail, 90 of which shall be served consecutively. A judge may suspend all but 14 days with a certified ignition interlock device for 12 months.
Driver’s License
Driving privilege revoked for at least 1 year, plus ignition interlock device for more than 1 year. After completing 45 days of the revocation period, a person is eligible for a special ignition interlock restricted driver license under ARS 28-1401.
Ramifications for a Second Time DUI Within 7 Years Under ARS 28-1381(A)
A second time offense under ARS 28-1381(A) is a Class 1 Misdemeanor. However, a person must be careful — a second DUI while the license is suspended for the first will result in a Class 4 Felony Aggravated DUI.
Jail Time
Not less than 90 days in jail, 30 of which shall be served consecutively. If the person completes court ordered alcohol or drug screening, remaining days may be suspended. Up to 5 years probation and at least 30 hours of community restitution.
Fines & Fees
Additional fines and fees for multiple funds, including the Prison Construction and Operations Fund. Large surcharges apply.
Driver’s License
License revoked for 1 year. Ignition interlock device ordered. After completing 45 days of the revocation period, eligible for a special ignition interlock restricted driver license under ARS 28-1401.
Why Choose Oliverson Law DUI & Criminal Defense
When it comes to your defense, experience isn’t optional — it’s essential. At Oliverson Law, you get a full legal team that’s been on every side of the courtroom.
30+ Years of Collective Experience
Over the length of their careers, the attorneys at Oliverson Law have helped thousands of people successfully fight their criminal charges.
Former Judge & Prosecutors
As former prosecutors, police officers, and judges, our attorneys have experience on all sides of the law. This insight allows them to better defend your case.
Facing a Second DUI Charge?
With substantially increased mandatory minimums, you need aggressive defense. Our former judge, prosecutors, and police officer know how to fight enhanced DUI charges.