Second Offense DUI in Arizona

According to Arizona Revised Statutes (A.R.S.) §28-1381, a DUI in Arizona (Driving Under the Influence) is a criminal offense that can lead to arrest, fines, and jail time in Arizona. A second DUI offense in Arizona typically refers to being arrested for operating or driving a vehicle with a Blood Alcohol Concentration (BAC) of 0.08% or higher or while impaired by drugs or alcohol within 84 months (7 years) of a prior DUI conviction. It is worth noting that the prior DUI offense can be from any other state and not limited to Arizona; so far, it meets Arizona's definition of a DUI.

Following Arizona Revised Statutes §28-1381 and §28-1383, a second DUI offense is typically charged as a Class 1 misdemeanor; however, it bears a significantly severe penalty compared to a first-time DUI. These penalties may include higher fines, mandatory jail time, license suspension, and even the installation of an ignition interlock device. The harsher penalty proves Arizona's commitment to discouraging repeat offenses and protecting the life and property of citizens through strict law enforcement.

Is a 2nd DUI a Felony in Arizona?

A second DUI in Arizona, in most cases, is classified as a Class 1 misdemeanor and not a felony. This typically applies when the second DUI offense occurs within 84 months of a prior DUI conviction and no aggravating factors are present. A second DUI is usually considered a Class 1 misdemeanor according to A.R.S. §28-1381 if:

• If the second offense occurs within 7 years after the first DUI conviction
• No serious injuries or fatalities were involved
• There is no minor under 15 in the vehicle
• The driver is not on a revoked license
• The offense does not include a third DUI in the past 7 years

However, it is worth noting that according to Arizona Revised Statutes §28-1383, a second DUI may be aggravated to a felony if certain aggravating factors are present.

What is the Lookback Period for a Second DUI in Arizona?

The lookback period, also called the 'washout' period, for DUI offenses in Arizona is 84 months or 7 years as stated in A.R.S. §28-1381. This generally means that if an individual previously convicted of a DUI offense is convicted of a second offense within 84 months of the prior conviction, this charge would be treated as a repeat offense and typically bears harsher penalties.

What are Aggravating Factors in a Second DUI?

Under Arizona law, aggravating factors generally refer to specific circumstances that can lead to more severe penalties or even elevate a second DUI to a felony. Even though a second DUI is classified as a misdemeanor, certain aggravating factors can trigger a class 4 or class 6 charge according to Arizona Revised Statutes A.R.S. §28-1383.

Below are some of the aggravating factors:

• Driving with a suspended, cancelled, or revoked license makes the offense an aggravated DUI, which is a Class 4 felony in Arizona.
• According to A.R.S. §28-1383(A)(2), two or more DUIs within 7 years qualify as a felony
• DUI with a minor under the age of 15 in the vehicle aggravates the DUI to a class 6 felony.
• Refusal to submit to a chemical test may also aggravate a DUI. Even though, according to Arizona's implied consent law (A.R.S. §28-1321), refusing a breath, urine, or blood test does not necessarily make a DUI felony, it results in an automatic one-year license suspension and may be grounds for stricter sentencing.
• If a second DUI results in an accident involving death or property damage, the driver may face separate felony charges such as aggravated assault according to A.R.S. §13-1204 and manslaughter or vehicular homicide.
• According to A.R.S. §28-1382, a Blood Alcohol Concentration of 0.15% or higher is typically classified as Extreme DUI, while 0.20% is classified as Super Extreme DUI. These are typically still treated as misdemeanor but carry harsher penalties as stated below:
• Extreme DUI attracts a minimum jail time of 120 days for a second offense
• Super Extreme DUI attracts a minimum of 180 days of jail time for the second offense

What Happens If You Get a 2nd DUI in Arizona

Below are potential consequences of 2nd DUI in Arizona:

• Minimum of 90 days' jail time
• Base fine of $500 and possibly $3000 plus in total financial penalties
• 12-month driver's license suspension or revocation
• Ignition Interlock Device (IID) installed for at least a month
• Mandatory completion of state-approved alcohol screening and education
• SR-22 insurance requirement
• Increased car insurance rates

How Long Does a Second DUI Stay On Your Record in Arizona?

A second DUI offense in Arizona typically remains on file permanently. Unlike some states, which allow for sealing or expungement of DUI convictions after a certain time, Arizona law does not allow for complete expungement of DUI convictions, according to A.R.S. §13-907 and §28-1381.

Even though the Arizona law allows certain criminal convictions to be 'set aside' after all penalties have been served, this is not the same. For instance, a DUI that has been set aside would still appear on background checks.

How Much Does a Second DUI Cost in Arizona

A second DUI offense in Arizona within 7 years of a prior conviction is typically a Class 1 misdemeanor, attracting monetary fines ranging from as low as $1,250 to over $3000. These fines, however, differ based on the peculiarity of he offense, including the aggravating factors of each offense, such as Blood Alcohol Concentration (BAC) of 0.15% or higher, having a minor of 15 or below in the vehicle, and refusal to undergo a chemical test. Below is a breakdown of other possible financial obligations:

• $500 to $1000 in mandatory court fees and surcharges
• $840 to $1,800 for 12 months of Ignition Interlock Device (IID); this includes the cost of installation and maintenance
• $50 driver's license reinstatement charge
• $300 to $500 for alcohol screening and education programs
• $20 Motor Vehicle Division (MVD) administrative fee
• $3000 to $9000 increase in car insurance premiums due to mandatory SR-22 high-risk insurance over three years

Chances of Going to Jail for a Second DUI in Arizona

In Arizona, a second DUI typically attracts a mandatory minimum jail sentence of 90 days, with at least 30 days served consecutively. The maximum jail time for a second offense misdemeanor DUI can extend to as much as six months. Nonetheless, it is worth noting that aggravating factors such as a Blood Alcohol Concentration (BAC) of 0.15% or higher, driving with a minor under 15 years, refusing a chemical test, or causing injury, death, or property damage may increase the severity of the sentence.

Additionally, suppose a DUI offense qualifies as an aggravated DUI due to a suspended license or a third DUI within 7 years, in that case, the individual may be charged with a class 4 felony, attracting a prison sentence of 4 months to as high as two and a half years or more, depending on prior criminal history.

Driver's License Suspension for a Second DUI in Arizona

In Arizona, a second DUI offense within seven years attracts an automatic one-year driver's license suspension, according to A.R.S. §28-1381 and §28-1385. This license suspension applies regardless of whether the case results in a conviction or an administrative per se violation through the Motor Vehicle Division (MVD).

Upon commencement of the suspension, the individual becomes eligible for a restricted or hardship license after 45 days, provided they meet the requirements, including the following:

• Complete alcohol or drug testing
• Install an Ignition Interlock Device (IID) for at least a year
• Enrol in or complete education programs
• Pay all reinstatement fees

Nonetheless, if the second DUI is charged as an aggravated DUI, the license may be revoked for up to three years. Subsequently, eligibility for restricted access will be delayed depending on the particular circumstances.

Ignition Interlock Device Requirement

Following a second DUI conviction in Arizona, the court orders the installation of an Ignition Interlock Device (IID) on all vehicles operated or driven by the offender. Per A.R.S. §28-3319, the IID is required to be installed for a minimum of 12 months. However, the duration may be extended based on the severity of the offense.

An IID is a breath analyzer connected to a vehicle's ignition system. The driver is required to blow into the device before ignition, and the car will only start if the driver's Blood Alcohol Concentration (BAC) is below the preset limit, usually 0.02%. The offender is typically responsible for all IID-related costs, including installation, which costs $100-$200, monthly rental and maintenance, about $70-$100 monthly, and a removal fee at the end of the required duration.

DUI School and Substance Abuse Treatment

Per A.R.S. §28-1381 and Arizona Administrative Code R9-20-101 et seq., any individual convicted of a second DUI offense in Arizona is required to enroll and attend DUI education programs, also called DUI school. This is a mandatory requirement if the individual's driver's license is to be reinstated. It may also be a requirement for probation. Arizona DUI school typically requires the following:

• 16 to 36 hours of classroom-based education on DUI laws, substance abuse, and the consequences of impaired driving
• Drug or alcohol assessment
• Interactive group sessions aimed at fostering behavioral change

Probation Conditions

In Arizona, a second DUI conviction results in as much as five years of supervised probation, according to A.R.S. §13-901 and §28-1381. The court also imposes strict conditions to monitor the offender's behavior and ensure full compliance with Arizona DUI laws. Below are the standard probation terms for a second DUI in Arizona:

• Mandatory check-ins with a probation officer, either weekly or monthly
• Mandatory abstinence from alcohol and drugs, with random testing to confirm compliance
• Travel restrictions, including court approval for out-of-state travel
• Completion of DUI education classes and substance abuse treatment
• Installation and maintenance of an Ignition Interlock Device (IID)
• Payment of all fines and charges
• Completion of community service hours, which typically range from 30 to 100 hours

It is worth noting that failure to comply with any condition may result in additional jail time, revocation of probation, or enhanced penalties.

Community Service Requirements

In Arizona, individuals convicted of second DUIs are typically mandated to complete at least 30 hours of community service, also called community restitution. This is a mandatory requirement of all second DUI sentencing in Arizona, in addition to jail time, fines, and other penalties. Depending on the peculiarity of offense, certain repeat DUIs carry more hours of community service; for instance, the court may assign as much as 100 hours of community service depending on certain aggravating factors.

Impact on Auto Insurance

Upon a second DUI conviction in Arizona, the offender is almost always classified as a high-risk driver by insurance companies, leading to significant consequences such as:

• Premium increases of up to 100% to 100%, depending on the driver's history, age, and insurer
• Non-renewal or cancellation of existing auto insurance policies
• The offender is mandated to file an SR-22 certificate.

Ultimately, a second DUI attracts long-term financial obligations, either through direct legal penalties or ongoing insurance-related costs, up to the tune of about $3000 to $9000 over three years.

Which Courts Handle DUI Cases in Arizona

Jurisdiction over DUIs in Arizona depends on numerous factors, including the severity of the offense (misdemeanor or felony), the location of the offense, and the general structure of the state's judicial system. Most first and second DUI offenses, which are classified as misdemeanors are handled by the Municipal or Justice Courts. Felony DUI offenses, on the other hand, are typically handled by the superior court of the county where the offense took place.

Below is a directory of five courts in Maricopa County where DUIs are frequently processed:

Phoenix Municipal Court
300 W. Washington Street
Phoenix, AZ 85003
Phone: (602) 262-6421
Website: Phoenix Municipal Court

Maricopa County Justice Courts – Downtown
620 W. Jackson Street
Phoenix, AZ 85003
Phone: (602) 372-6300
Website: Maricopa County Justice Courts

Mesa Municipal Court
250 E. 1st Avenue
Mesa, AZ 85210
Phone: (480) 644-2255
Website: Mesa Municipal Court

Scottsdale City Court
3700 N. 75th Street
Scottsdale, AZ 85251
Phone: (480) 312-2442
Website: Scottsdale City Court

Maricopa County Superior Court – Criminal Division
201 W. Jefferson Street
Phoenix, AZ 85003
Phone: (602) 506-3204
Website: Maricopa County Superior Court – Criminal Division

The Arizona Motor Vehicle Division (MVD) is a department of the Arizona Department of Transportation (ADOT) primarily responsible for administrative duties related to a DUI case, separate from any court proceedings. The MVD is responsible for license suspensions, revocations, and the entire reinstatement process, while the courts oversee criminal penalties such as fines and jail time. The MVD is also responsible for monitoring compliance with Ignition Interlock Device (IID) requirements and can extend the IID duration if violations are reported.

Below is a directory of the Arizona Department of Transportation's Motor Vehicle Division (MVD) and Executive Hearing Office, particularly for all DUI-related license hearings and appeals:

Motor Vehicle Division – Executive Hearing Office
Executive Hearing Office
3737 N. 7th Street, Suite 160
Phoenix, AZ 85014
Phone: (602) 712-7737
Website: Motor Vehicle Division – Executive Hearing Office

MVD Customer Service – General Licensing and Suspension Info
Arizona Department of Transportation – Motor Vehicle Division
1801 W. Jefferson Street
Phoenix, AZ 85007
Phone: (602) 255-0072
Website: Arizona Department of Transportation – Motor Vehicle Division

Walk-In Safety Hearing Office Location (Phoenix)
Executive Hearing Office
3737 N. 7th Street, Suite 160
Phoenix, AZ 85014

It is worth noting that DUI-related license hearings are handled through the Phoenix-based Executive Hearing Office. Hearings involving individuals outside of Phoenix can be scheduled over the phone or via video conference.

Can You Get a DUI on a Horse in Arizona?

No, an individual cannot be charged with a DUI while riding a horse in Arizona, as the state's DUI specifically applies to motor vehicles. Per Arizona Revised Statutes (A.R.S.) §28-1381, DUIs typically involve operating a vehicle under the influence of alcohol or drugs; hence, riding a horse under the influence of alcohol or drugs does not fall under DUIs.

Nonetheless, an individual riding a horse while impaired may face other legal consequences, such as the following:

• Endangerment, according to A.R.S. §13-120,1, especially if riding the horse poses a threat of injury to others
• Animal cruelty per A.R.S. §13-2910 if the horse is being overworked, mistreated or ridden in unsafe conditions
• Disorderly conduct per A.R.S. §13-2904, especially if the rider is disruptive or threatens the peace, safety of others, or themselves