Defending a Second Time DUI in Phoenix, AZ

At the Law Offices of David A. Black, we will raise any and all applicable defenses in your DUI case. Here are some of the possible defenses that could prove successful:

  • Not a second time DUI. The enhanced penalties apply only when the second DUI took place within 84 months of the first. Conviction dates are irrelevant.
  • Illegal traffic stop. A stop without reasonable suspicion can be challenged. If it is successful, any evidence obtained as a result could be excluded from your case.
  • Blood or breath test irregularities. Faulty or uncalibrated equipment, poor officer training, or other irregularities could mean that evidence of your blood alcohol content, or of the presence of blood in your system, could be excluded.
  • Field sobriety test issues. Improperly administered FST’s, and lack of training on the part of the officer involved, can provide ammunition for your defense.

These and other defenses can be raised in defense of a second time DUI charge. If you were arrested for DUI, and it has been charged as a second offense, the attorneys at our office can help. Call us at 480-280-8028 for a free consultation.

Arizona Second DUI Penalties

The first thing to understand about a second DUI in Arizona, for sentencing purposes, is that in order to be subject to enhanced penalties, the second DUI must have been within eighty-four months of the earlier DUI. So while you may have previously been convicted of DUI, that conviction only comes into play as a second DUI for purposes of your potential penalty if it occurred within 84 months, known as the lookback period. The period is not, as many people believe, the time between the dates of conviction; it runs from the date of the commission of the earlier offense to the date of the commission of the second offense.

If your prior conviction was within the look-back period, then you will be facing the possibility of enhanced penalties if your charge results in a conviction. As a general rule, and there are exceptions, you can expect to face additional penalties if you are convicted of a second DUI in Arizona. The statute (A.R.S. 28-1381K) calls for the following:

  • Jail time is increased to 90 days, 30 of which (a) may not be suspended and (b) must be served consecutively.
  • Fines and assessments will increase significantly.
  • Community Service. The statute requires a minimum of 30 hours of community service.
  • You will have to install an ignition interlock device in your vehicle. You must also bear all costs associated with the installation and maintenance of the IID.
  • License Revocation. One year revocation of your driver’s license.
  • Second time extreme and super extreme DUIs. Under these circumstances, the minimum sentences become 4 months and 6 months jail, respectively, as well enhanced fines, et cetera.

Phoenix DUI Lawyer Answers Drunk Driving Questions

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Defending a Second Time DUI in Phoenix, AZ

At the Law Offices of David A. Black, we will raise any and all applicable defenses in your DUI case. Here are some of the possible defenses that could prove successful:

  • Not a second time DUI. The enhanced penalties apply only when the second DUI took place within 84 months of the first. Conviction dates are irrelevant.
  • Illegal traffic stop. A stop without reasonable suspicion can be challenged. If it is successful, any evidence obtained as a result could be excluded from your case.
  • Blood or breath test irregularities. Faulty or uncalibrated equipment, poor officer training, or other irregularities could mean that evidence of your blood alcohol content, or of the presence of blood in your system, could be excluded.
  • Field sobriety test issues. Improperly administered FST’s, and lack of training on the part of the officer involved, can provide ammunition for your defense.

These and other defenses can be raised in defense of a second time DUI charge. If you were arrested for DUI, and it has been charged as a second offense, the attorneys at our office can help. Call us at 480-280-8028 for a free consultation.

Second Time DUI Attorney
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