Phoenix has some of the harshest penalties for DUI offenses in the nation. This includes convictions for 2nd time non-commercial DUI offenders that result in mandatory jail time and stiff financial penalties. A second time DUI offender is someone who has received a DUI in the past seven years before the current offense occurs. PhoenixRevised Statute 28-1381 states that:
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A person can be charged with a DUI if their blood alcohol content (BAC) is between .08% or higher, or if their BAC is between .05% and .08% but they are exhibiting signs of being under the influence.
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Technically, if your BAC is under .05%, you cannot be considered to be driving under the influence of alcohol. However, if you register more than .00% and less than .05% and exhibit signs of being under the influence, you might still face charges of operating a vehicle recklessly at the least.
You can even be charged with a 2nd DUI offense if you’re not actually driving your vehicle, but are in control of it in any way. For example:
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If you fall asleep behind the wheel of your vehicle, and even if the keys are not in the ignition but are still in your possession, you will be arrested because you are still considered to be in control of the vehicle.
Being arrested for a second DUI offense in Phoenixcan be a very frightening and uncertain experience. Because of this, if you find yourself charged with a 2nd time DUI offense, it is important to consult an experienced attorney with reputation for defending DUI cases of all kinds and severities in Phoenix. You should also choose a defense attorney who will aggressively fight to make sure your rights are being upheld at all times throughout the DUI legal process.
Penalties for a 2nd Time DUI Offense in Phoenix
If you are found guilty of a second DUI offense in Phoenix, you face a class 1 misdemeanor, which includes:
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Up to six months in jail, with a minimum sentence of 90 days behind bards with up to 60 days suspended.
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Total costs of $2500 plus any other penalties or liabilities you may incur.
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Attending alcohol counseling or treatment.
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Losing your license for up to one year.
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State sanctioned driving courses.
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Probation or community service.
Financial penalties are a large part of a 2nd DUI conviction, and can include:
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Paying for your mandatory alcohol classes.
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Paying for your ignition interlock device during the year it is on your vehicle.
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Paying for your time in jail.
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Paying extra for an SR-22 car insurance policy once you get your vehicle back.
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Paying higher car insurance premiums for up to three years.
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Paying up to $1750 in fines.
All totaled, if you are convicted of a 2nd DUI offense in Phoenix, you can face thousands of dollars in financial penalties, above and beyond mandatory incarceration. Additionally, you may face much harsher penalties if you cause an accident that damages property and/or injures another person.
Trust Phoenix DUI AttorneyWith Your 2nd DUI Offender Defense in Phoenix
The consequences for being convicted of a second DUI offense in Phoenixare very costly to you in both financially, as well as with your personal and professional lives. Therefore, it is essential to consult a defense attorney with proven experience defending DUI offenses of all types and severities. We will not stop fighting for your rights, by making sure that every possible legal option and defense strategy is available to you. If you are facing your second DUI charge in Phoenix, contact us today for a private, no obligation consultation at 480-900-5177.
