Second Offense DUI Lawyer In Phoenix Arizona

If convicted of a second (2nd) offense DUI within 7 years:

You face a maximum for a class one (1) misdemeanor of six months of jail time; a fine of up to $2,500 plus surcharges; and alcohol screening and treatment classes.

If your blood alcohol concentration is below a .15, you face a minimum of 90 days in jail with up to 60 days of suspended jail time with completion of alcohol and/or drug screening and treatment classes. The law allows a judge to order home detention after completion of 20% of the 90 days of ordered jail time. This means that you must do at least 18 days of actual jail time before you are allowed home detention in most jurisdictions.

If your blood alcohol concentration is above a .15 but below a .20, you face a minimum of 120 days in jail. The law allows a judge to order home detention after completion of 20% of the 120 days of ordered jail time. This means that you must do at least 24 days of actual jail time before you are allowed home detention in most jurisdictions.

If your blood alcohol concentration is above a .20, you face a minimum of 180 days in jail. Note: In this situation, the absolute minimum a judge can order is the same as the absolute maximum a judge can give you for a class one misdemeanor. The law allows a judge to order home detention after completion of 20% of the 180 days of ordered jail time. This means that you must do at least 36 days of actual jail time before you are allowed home detention in most jurisdictions.

In addition to the jail time, statutory fines, and alcohol classes, you will have to complete a minimum of 30 hours community service.

Possible Supervised, Unsupervised, or Summary Probation: Arizona law allows a judge to order up to five (5) years of probation.

In addition to these statutory consequences, you also face some mandatory collateral consequences.

For example:
The motor vehicle department will revoke your license for a minimum of one year. In 2012, the law changed allowing an individual to be eligible for a restricted driver’s license after 45 days; completion of alcohol classes; and installation of an ignition interlock device.

When your license is reinstated from the one year revocation, you will still be required to have an ignition interlock device for a period of no less than one year. If you refuse to allow the officer to draw your blood, and the officer serves you with an implied consent, you face a one-year suspension of your driver’s license.

Obtaining a job, security clearances, professional licenses, and a change in immigration status after a second offense is even more difficult.