Do Prior DUI Convictions Matter in Arizona?
Prior DUI convictions in Arizona matter a great deal. If you have a second or, worse, third offense, you may be facing jail time.
The police and the prosecution will look over any prior impaired driving convictions to determine if they qualify as "Priors." If they are, you probably will receive an increased sentence or reclassify your DUI as an Aggravated (Felony) DUI.
Previous DUI convictions within 84 months (7 years) of your current charges are considered "priors." A second DUI conviction within 84 months may still be considered a misdemeanor, but it will usually result in enhanced penalties, such as higher fines and longer mandatory minimum jail sentences.
What matters is that a third DUI within 84 months is classified as an Aggravated (Felony) DUI. This is critically serious since all felonies in Arizona can land you in prison.
If you receive an impaired driving charge with no aggravating circumstances, you will usually be charged with a Class 1 misdemeanor. However, if any aggravated factors surround the incident, your charge will almost always be classified as a felony.
Felony DUI charges or others impose significant and sometimes life-changing penalties that directly impact you and your family. Therefore, even if it's a first-time DUI charge, it never should be taken lightly, and the professional, skilled, and knowledgeable help of a Yuma criminal defense lawyer is mandatory.
Are The Arizona Sentencing Guidelines Harsh for a Repeat DUI?
In Arizona, even a first-time DUI can have a severe negative impact on your life. However, the penalties for a new DUI charge (2nd or 3rd) can be far worse and are significantly influenced by any prior DUI convictions; the greater the number of convictions, the harsher the consequences.
When you are charged with DUI, the authorities "look back" for 7 years. So, if you have any other DUI convictions within that time frame, they will significantly be considered when determining the penalties for your current DUI offense.
Suppose you are a repeat offender, and DUI convictions show up within the look-back time. In that case, you commonly will face increased jail time, higher fines, significant license suspensions, and even mandatory ignition interlock device installation.
Additionally, a 3rd DUI within 84 months will usually now be charged as an aggravated felony DUI; this felony charge now exposes you to possible prison time.
Understanding the distinction between these two types of charges is critical. As your skilled, experienced DUI lawyer will explain, it can (and usually will) significantly impact the penalties you will face.
In Arizona, a DUI is elevated to a felony charge under the following five circumstances:
- If you, as the driver, have a suspended license at the time of your offense. This is a Class 4 felony.
- Suppose you have received your third DUI within the 7-year timeframe. This can also be a Class 4 felony.
- If a child under 15 is in your vehicle when you're charged. This may constitute a Class 6 felony.
- Suppose you're mandated by the court to have an ignition interlock device installed and fail to comply. This is usually a Class 4 felony.
- Suppose you're driving on the wrong side of the road and under the influence. This is considered a Class 4 felony.
The key fact to remember is that a first-time DUI charge in Arizona is terrible enough, but a second or third offense significantly increases the severity of your consequences. No DUI charge in Arizona should be taken lightly, and the help of an empathetic, highly experienced, and knowledgeable DUI lawyer is mandatory to protect your rights and your freedom.
Are There Any Ways to Minimize a DUI Charge On My Record?
First, as stated, if you have been charged with a DUI in Arizona, you must take the matter seriously and seek the help of an experienced, aggressive, and well-versed Yuma DUI lawyer. Your lawyer will fully explain and help you understand your rights, explore your possible defenses, and continually work to minimize the charges against you and the impact they could have on your life.
Many times, your DUI lawyer will attempt to negotiate a plea deal and effectively reduce the charge to a lesser offense, reckless driving, etc., which have far less severe consequences.
Also, many times, if you're charged with DUI, it's critical that you take proactive steps to address any underlying substance abuse issues that may have added to the incident. This may go a long way to demonstrate your commitment to avoiding future DUI offenses.
DUI convictions can have life-changing consequences in Arizona, and you must take full responsibility for your actions and show the court that you're working to address the root causes of your problem. By doing so, your skilled and effective DUI defense law team can prove to the court, potential employers, etc., that you are committed to making the necessary positive changes in your life and that the DUI does not define you as a person; your future career, rights, and freedom may be on the line.
What Are Some Penalties I May Face if Convicted of a DUI Charge?
A DUI conviction in Arizona is always a serious matter and can carry a range of penalties. Of course, this fully depends on the specifics of your unique case and whether you are a repeat DUI offender.
Just a few of the potential consequences you may face may include:
- Jail or prison time - A first-time offender may face a minimum of 10 days in jail, while repeat offenders can face significantly longer sentences.
- High fines and court fees, etc. - A DUI conviction usually results in high fines, court costs, and other fees totaling thousands of dollars.
- Suspension of your license - A DUI conviction commonly leads to a driver's license suspension. These suspensions can vary from 90 days to one year or more. A repeat offender may lose their license forever.
- Installation of an Ignition interlock device—This is common, and if you are convicted of a DUI, you may be required to install an ignition interlock device on your vehicle. This device prevents your car from starting if your blood alcohol content is above a specified level.
- Employment, career, and professional consequences - A DUI conviction, many times, will negatively impact your current or future employment opportunities. This is especially true if your job requires driving or you hold a position that involves working with children, etc. Professionals such as doctors, lawyers, and teachers may also face disciplinary action from licensing boards.
The consequences of a DUI, especially a 2nd or 3rd offense, are always dire in Arizona, and getting the immediate help of a well-versed, thorough DUI law team is mandatory. Your lawyer will work immediately to "get ahead" of the prosecution and find the best possible legal means to reduce, mitigate downward, or (if possible) have the charges against you dropped.
I Am Facing a DUI Charge in Arizona; How Should I Proceed?
Even a first-time DUI conviction can have a dire and long-lasting impact on your life; these consequences can alter your entire family's life. An experienced, thorough, and effective Yuma DUI lawyer will take immediate actions such as challenging the stop, analyzing breathalyzer and blood test results, etc. Still, they must get started on your defense immediately.
The criminal defense lawyers at Citrine Law fully understand the weight of an Arizona DUI charge and its possible impact on you, your career, your family, and your freedom. If you've been arrested for DUI, call them immediately at 928-396-1922 and obtain the highly professional, experienced, and personal legal representation you deserve; your future depends on it.
