For anyone to be charged with a third offense regular DUI in Arizona, the following conditions have to be met:
- The driver’s blood alcohol content is between 0.08% and 0.149% at the time of arrest
- This is the third offense within seven years
A third offense regular DUI within seven years is defined under § 28-1383(A)(2) and is actually charged as a first offense felony, or an aggravated DUI. It carries stiff administrative and criminal penalties.
Penalties for a Third Offense Regular DUI in Arizona
A third offense regular DUI in Arizona carries the following penalties:
- Minimum of 4 months jail sentence, up to a maximum of 2 years
- A minimum base fine of $750
- Fines and fees can range from $4,000 up to $150,000
- Vehicle impoundment
- 3 years driver’s license suspension
- Installation of an Ignition Interlock Device as soon as the driver is able to drive again
- Show proof of SR-22 insurance
- Alcohol treatment
- Minimum of 30 days community service
Unlike a first or a second DUI in Arizona, a third DUI in Arizona cannot be reduced down to a wet reckless charge under a plea bargain. It is recommended to contact an experienced DUI defense attorney because of the severe felony penalties that may occur in case of a conviction.
Once convicted for aggravated DUI, the driver’s license is revoked with no definite end date. However, the person can petition to have their driver’s license reinstated after a certain period of time has passed. For that to happen, the defendant must meet all the court-mandated requirements before they can petition for a reinstatement.
Moreover, the convicted individual cannot be issued a new license until they have served one year of their sentence. The driver will also be required to install an Ignition Interlock Device (IID) once the revocation period or suspension is over. Court will require installation of the IID for more than 24 months beginning on the date of reinstatement of the person’s driving privilege after a suspension, or on the date when the department received a receipt of conviction, whichever occurs later.
If you have been arrested for a third of subsequent DUI in Arizona within 7 years, you are facing aggravated DUI charges. Contact a qualified DUI defense attorney in Arizona who can work on a strong defense. Call the Law Offices of Brian D. Sloan at 480-900-0384 or 602-900-0384 for a Free Initial Consultation.