A second Arizona driving under the influence (DUI) conviction carries the penalties of a minimum of 90 days in jail, 30 of which must be served consecutively; a fine of between $500 and $2,500; additional fines; surcharges and assessments; mandatory alcohol classes; a one-year driver’s license revocation; installation of an ignition interlock device (IID) for one year after driver’s license reinstatement; probation for up to five years; attendance at driving school; and at least 30 hours of community service, according to Arizona Revised Statutes (ARS) Section 28-1381.
A driver can get 60 days of the 90-day jail sentence suspended if they complete alcohol classes. A driver commits a second extreme DUI, when the second DUI involves driving with a blood alcohol concentration of between 0.15 and 0.19 percent, according to ARS Section 28-1382.
Enhanced Penalties for High BACs
There are enhanced penalties for a second extreme DUI, which include a jail sentence of not less than 120 days and a fine of not less than $3,250, according to the Arizona Department of Transportation (ADOT) web page discussing driving under the influence. A driver commits a second DUI that is defined as a super extreme DUI if they drive with a BAC of 0.20 or more. The penalties for this offense include 180 days of jail time, 90 of which must be served consecutively; fines and assessments of not less than $3,750; installation of an IID for 18 months after driver’s license reinstatement; and at least 30 hours of community service.
To clarify, when an individual is charged with a second DUI, and is facing higher penalties for an extreme or super extreme DUI, their BAC level in the prior first DUI is not relevant – only the BAC level for the current DUI charge matters.
What Is a Second Offense DUI?
Under Arizona law, a DUI is defined as driving, or being in actual physical control of, a vehicle while under the influence of intoxicating liquor if the person is impaired to the slightest degree. A DUI is also defined as driving or being in actual physical control of a vehicle with a BAC level of 0.08 percent or more within two hours of driving, or being in actual physical control of the vehicle. A driver under 21 will suffer a driver’s license suspension if they are driving or in actual physical control of the motor vehicle and have any level of alcohol concentration in their blood, according to ADOT.
A DUI conviction counts as a second DUI if the defendant is convicted within seven years from their previous DUI. A second DUI is a Class 1 misdemeanor, according to ARS Section 13-707. A Class 1 misdemeanor is Arizona’s most serious category of misdemeanor; it carries a maximum jail sentence of six months.
An individual who refuses to submit to, or who does not successfully complete, any tests when arrested for DUI automatically loses their driving privilege for two years for a second refusal within seven years. This punishment is a two-year administrative driver’s license suspension. The individual is required to complete alcohol or drug screening before obtaining a restricted permit or reinstating their driving privilege. In addition to any criminal penalties imposed by the court for a second DUI, the individual will suffer an automatic driver’s license revocation. In Arizona, an offender can have their driver’s license suspended and revoked at the same time.
Drunk Driving Suspensions and Revocations
A driver’s license suspension has a start and end date. After the suspension period, the driver pays a reinstatement fee and any reapplication fees to restore their driving privilege. A driver’s license revocation is indefinite, according to ADOT's frequently asked questions about driver's licenses. A revocation lasts for a minimum length of time, usually one to three years. After the period has passed, the offender has to go through an investigation to determine whether the state will restore their driving privilege. If the state approves reinstatement, the driver will have to pay reinstatement and reapplication fees.
Special Interlock Restricted Driver's License
An individual who has committed a second DUI in Arizona and is confused about DUI laws should speak to a DUI lawyer. An Arizona DUI attorney can explain the chances of seeing charges dropped or reduced. In addition, the attorney can explain whether the individual is eligible for a special ignition interlock restricted driver license (SIIRDL), according ADOT. This license allows an individual to drive between work, school, drug and alcohol screening, and treatment centers.
In order to be eligible for a SIIRDL, the individual must have installed an IID on their vehicle; complied with mandatory alcohol classes if required; paid applicable fees; have no other outstanding withdrawal actions pending on their driving record; and obtained a certificate of automobile liability insurance, known as a SR-22.
- Arizona Department of Transportation: Driving Under the Influence (DUI)
- Arizona Revised Statutes: Section 28-1381 Driving or Actual Physical Control While Under the Influence
- Arizona Revised Statutes: Section 13-707 Misdemeanors; Sentencing.
- Arizona Department of Transportation: License Information FAQ
- Arizona Department of Transportation: Special Restricted Driver License
- Arizona Revised Statutes: Section 28-1382 Driving or Actual Physical Control While Under the Extreme Influence of Intoxicating Liquor
Jessica Zimmer is a journalist and attorney based in northern California. She has practiced in a wide variety of fields, including criminal defense, property law, immigration, employment law, and family law.