Getting charged with second-offense DUI in Mesa, AZ, is a serious matter. Second offenses carry harsher penalties than first-time DUIs, often leading to longer jail times, higher fines, and more significant license suspensions.
The most important step you can take toward avoiding felony aggravated charges for your second-offense DUI is to hire a skilled Mesa second-offense DUI attorney. Your attorney can take your DUI case to court or negotiate a plea deal for reduced charges or lower DUI penalties.
Penalties for Standard Second-Time DUIs
A.R.S. 28-1381 defines a second-time DUI as a second drunk driving charge within 84 months of your initial one. This crime can be punishable by:
- At least 90 days in jail
- A fine of at least $500
- Two additional assessments of $1,250
- At least 30 hours of community restitution
- The revocation of your driving privilege for one year
- Required completion of an approved traffic survival school course
- Potential court-ordered alcohol or drug screening, education, or treatment
- Potential installation of an ignition interlock device
- Obtaining SR-22 insurance
- Paying license reinstatement fees
In some cases, a DUI lawyer may be able to get these penalties reduced.
For a free legal consultation, call 480-400-5555
Standard vs. Aggravated Second-Time DUI Charges
Whether your second-time DUI is considered a standard or aggravated DUI can depend on the circumstances surrounding it. They include:
- A prior felony conviction
- Having a child in the car
- Causing a serious accident
Regular vs. Extreme and Super-Extreme DUIs
Your DUI can also be classified based on your blood alcohol content. DUIs can be divided into three categories on this basis:
- Regular DUI: A.R.S. 28-1381 defines a regular DUI as driving with a BAC of 0.08% to 0.15%.
- Extreme DUI: A.R.S. 28-1382 defines an extreme DUI as driving with a BAC of 0.15% to 0.20%.
- Super-extreme DUI: A.R.S. 28-1382 defines the second level of extreme DUI as driving with a BAC of 0.20% or above.
The DUI penalties range in severity depending on the type of DUI you receive.
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Strategies to Avoid Felony Charges
Your lawyer examines every detail of your arrest in an effort to build the strongest possible case. Depending on the circumstances of your arrest, we might:
- Challenge the traffic stop: The police may have lacked a reasonable suspicion, in which case a judge might dismiss your case.
- Challenging field sobriety tests: Field sobriety tests aren’t always accurate. They can be influenced by factors unrelated to alcohol consumption, such as uneven surfaces, driver fatigue, or medical conditions.
- Challenging chemical tests: Lab mistakes, improper handling of equipment, and calibration issues can all lead to inaccurate results.
- Uncovering violations of your rights: If the arresting officer conducted an illegal search and seizure or failed to inform you of your Miranda rights, any evidence or statements obtained could be suppressed.
It doesn’t matter whether you were stopped on the Superstition Freeway or one block from your home. Our team of experienced defense lawyers can help you find ways to avoid felony charges.
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A Lawyer Can Help You Strategize
As of 2023, there were 3.7 drunk driving fatalities per 100,000 US residents. That represents a 59% decrease in fatalities since 1982, when they began keeping records of alcohol-impaired driving fatalities. However, you don’t have to kill someone in an accident to get in trouble for drunk driving, and there are far greater numbers of people arrested for DUIs across the country than this statistic implies. If you’re one of them, know that you are not alone.
Working with a lawyer is the most effective way to come up with a drunk driving defense that can allow you to avoid a felony conviction. Your lawyer can file motions to suppress evidence, poke holes in the prosecution’s case, and uncover mitigating factors that might help to reduce your sentence or charges.
FAQs About Second-Offense DUIs in Mesa
What Are the Potential Penalties for a 2nd Offense Standard DUI in Arizona?
The potential penalties for a 2nd offense standard DUI in Arizona include 30 to 90 days in jail, at least $500 in fines, and a license suspension for one year. You may also have to install an interlock ignition device on your vehicle, which can require you to use and pass a breathalyzer before you can use your car.
What Should You Say to the Judge at a Second DUI Sentencing?
There are several things you should say to the judge at a second DUI sentencing. You should sincerely express remorse and take full responsibility for your actions without making excuses. It can also help to outline specific actions you have taken or can take to address the issue, such as alcohol treatment programs. Address the judge as “Your Honor,” and try to keep your statement concise.
Can an Aggravated DUI Be Reduced in Arizona?
An aggravated DUI can be reduced in Arizona, but whether this is a possibility can depend on the specific circumstances of your arrest and your lawyer’s skill in plea negotiations. You may be able to get a Class 4 felony DUI reduced to a Class 6 felony or a misdemeanor. Your lawyer may be able to help you by challenging the aggravating factors or the general evidence against you.
What Are the Penalties for a Second-Time Aggravated DUI in Arizona?
The penalties for a second-time aggravated DUI in Arizona depend on whether it is tried as a Class 4 or Class 6 felony. Class 4 felony aggravated DUIs carry sentences of 1.5 to 3 years in prison, although mitigating factors can reduce your incarceration time to one year. Class 6 felony aggravated DUIs carry sentences of .5 to 1.5 years, but mitigating factors can decrease your prison time to .25 years.
Hire a Second-Offense DUI Lawyer in Mesa
If you’re being accused of committing a second DUI in Mesa, you need to hire a second-offense DUI lawyer to help. Whether you’re facing standard or aggravated DUI charges, the team here at Grand Canyon Law Group can provide aggressive representation and a robust defense of your rights. We have years of experience in handling these types of cases. We can help you tackle your DUI case with ease. Contact us to schedule an initial consultation today.
Call or text 480-400-5555 or complete a Free Case Evaluation form
