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SECOND OFFENSE DUI PENALTIES
Posted by Ted Agnick, The Lawyer | Posted in DUI Penalty Information | Posted on 12-01-2009
This article deals with penalties people are facing for a “second offense” DUI. In Arizona, second offense DUI penalties arise if the person charged has a prior DUI conviction within seven (7) years.
So, these penalties will only apply to people who have a prior DUI conviction within seven (7) years. The prior DUI conviction can be from Arizona or any other state with similar DUI laws. The non-Arizona DUI conviction can only be used if the law violated in that state would have resulted in a DUI conviction in Arizona.
As with first offense DUI’s, there are five (5) types of second offense DUI’s. the penalties vary, depending upon which of the five DUI’s or combination of the five, are charged.
The basic five DUI’s are:
1. Basic DUI – Impaired due to alcohol or drugs
2. DUI – BAC of .08% to .15%
3. Extreme DUI – BAC of .15% to .20%
4. Super Extreme – BAC of .20% or more
5. DUI Illicit Drug Metabolite in your body
SECOND OFFENSE (WITHIN 7 YEARS) DUI PENALITES
28-1381(A)(1) – Impaired to the Slightest Degree by alcohol, Drugs or a Combination of Both
A conviction of this statute results in a class 1 misdemeanor, 30 days to 6 months in jail; 1 year revocation of license; 8 points on your motor vehicle record; alcohol screening and treatment; fines from $500 to $2,500 plus 83% surcharges; and assessments of $2,500. Additionally, jail costs may be imposed and you must perform at least 30 hours community restitution. Additionally, the Motor Vehicle Department will require you to equip any motor vehicle you operate with a certified ignition interlock device for 12 months at the conclusion of the 12 month period of revocation.
28-1381(A)(2) – BAC of .08 to .149 Within 2 Hours of Driving
A conviction of this statute results in a class 1 misdemeanor, 30 days to 6 months in jail; a 1-year revocation of your driver’s license; 8 points on your motor vehicle record; alcohol screening and treatment; fines from $500 to $2,500 plus 83% surcharges; and assessments of $2,500. Additionally, jail costs may be imposed and you must perform at least 30 hours community restitution. Further, the Motor Vehicle Department will require you to equip any motor vehicle you operate with a certified ignition interlock device for 12 months at the conclusion of the 12 month period of revocation.
28-1382(A)(1) – BAC of .15 to .199 Within 2 Hours of Driving
A conviction of this statute results in a class 1 misdemeanor, 120 days to 6 months in jail; a 1-year revocation of your driver’s license; 8 points on your motor vehicle record; alcohol screening and treatment; fines from $500 to $2,500 plus 83% surcharges; and assessments of $2,750. Additionally, jail costs may be imposed and you must perform at least 30 hours community restitution. Further, the Motor Vehicle Department will require you to equip any motor vehicle you operate with a certified ignition interlock device for 12 months at the conclusion of the 12 month period of revocation.
28-1382(A)(2) – BAC of .20 or More Within 2 Hours of Driving
A conviction of this statute results in a class 1 misdemeanor, 180 days in jail; a 1-year revocation of your driver’s license; 8 points on your motor vehicle record; alcohol screening and treatment; fines from $1,000 to $2,500 plus 83% surcharges; and assessments of $2,750. Additionally, jail costs may be imposed and you must perform at least 30 hours community restitution. Further, the Motor Vehicle Department will require you to equip any motor vehicle you operate with a certified ignition interlock device for 18 months at the conclusion of the 12 month period of revocation.
28-1382(A)(3) – Driving With the Metabolite of an Illicit Drug in Your System
A conviction of this statute results in a class 1 misdemeanor, 30 days to 6 months in jail; a 1-year revocation of your driver’s license; 8 points on your motor vehicle record; alcohol screening and treatment; fines from $500 to $2,500 plus 83% surcharges; and assessments of $2,500. Additionally, jail costs may be imposed and you must perform at least 30 hours community restitution. Further, the Motor Vehicle Department will require you to equip any motor vehicle you operate with a certified ignition interlock device for 12 months at the conclusion of the 12 month period of revocation.
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