How do prosecutors handle second-offense DUI charges in Phoenix?

Prosecutors will adjust their offers for the second-time offense minimum penalties. The law outlines increased penalties for a second offense, including 90 days with 60 suspended (instead of a first offense minimum penalty of ten days with nine suspended). For extreme DUIs, the number of non-suspendable days increases to 120 days, and 180 days for super extreme. The fines are in the $4,500 to $9,500 range if the second-time DUI is charged as a misdemeanor.

Can a Phoenix DUI attorney reduce jail time or lower charges in a second-offense DUI case?

Yes. A skilled lawyer can work to convince the prosecution that there is a good reason to try the case as a first-time offense with a slightly aggravated sentence, or to lower the level of the charges. For example, if a defendant faces second-time super extreme DUI charges, attorneys may work to get the prosecutor to agree to a regular second-time or a super extreme first-time offense.

Phoenix Second Offense DUI Lawyer

Q: How does the time between DUI charges affect whether it is treated as a first-time or second-time DUI?

If it has been more than seven years since the last DUI conviction, the charges should be for a first-time DUI. Prosecutors can still look at the prior DUI and try to give extra jail time or other penalties, but they do not have the same leverage as they do in cases involving two DUIs in the span of seven years.

Second Offense DUI Attorney in Phoenix

The prosecutors have a lot of leverage in second-offense DUI cases because they know the defendant has a lot to lose. As such, many people who have already faced charges for drunk driving will take whatever plea deal they are offered.

However, there are several strategies a skilled Phoenix DUI attorney can use to lower the jail requirements for second-offense DUI charges in Phoenix. If you face a repeat conviction for intoxicated driving, reach out to the dedicated Phoenix criminal defense lawyers at Grand Canyon Law Group today to get started on your defense.

For a free legal consultation with a second offense dui lawyer serving Phoenix, call 480-400-5555

COURT HEARINGS FOR REPEAT DUI OFFENSES IN PHOENIX

If the defendant’s license was suspended from a first offense, they will almost certainly face felony charges for a second offense. Felony DUI cases are heard in Maricopa Superior Court. Misdemeanor cases brought by the Phoenix Police Department are heard in Phoenix Municipal Court. Cases brought by a sheriff or Department of Public Safety officer are heard in one of the county Justice Courts that handle misdemeanor DUIs.

A second offense is still a misdemeanor unless the person’s license was still suspended or there was other reason to make it a felony. Our knowledgeable local attorneys can further explain the court processes for a second-time DUI.

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HOW DO PROSECUTORS HANDLE SECOND-OFFENSE DUI CHARGES?

The penalties for second-time DUI offenses are outlined in the law. Rather than a minimum penalty of ten days with nine suspended for a first offense, a defendant now faces 90 days with 60 suspended. For extreme DUIs, the number of non-suspendable days increases to 120 days, and 180 days for super extreme. The fines are all in the $4,500 to $9,500 range if the second-time DUI is charged as a misdemeanor.

Prosecutors will adjust their offers for the second-time offense minimum penalties. A skilled lawyer at our Phoenix office can work to convince the prosecution that there is a good reason to try the case as a first-time offense with a slightly aggravated sentence, or to lower the level of the charges. For instance, if a defendant faces second-time super extreme DUI charges, our attorneys may work to get the prosecutor to agree to a regular second-time or a super extreme first-time offense.

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AMOUNT OF TIME BETWEEN DUI CHARGES

The amount of time that has passed since a defendant’s last DUI conviction can have a huge impact on the case. If it is more than seven years, the charges should be for a first-time DUI. Prosecutors can still look at the prior DUI and try to give extra jail time or other penalties, but they do not have the same leverage as they do in cases involving two DUIs in the span of seven years.

Time is exceptionally important, and the longer the period between DUI charges, the better. There are unique statutes for second DUI offenses in Phoenix that restrict what the prosecutors can and cannot do, which an experienced lawyer can further explain.

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DEFEND SECOND-TIME DUI CASES WITH A PHOENIX LAWYER

If you face second-time DUI charges in Phoenix, the potential consequences are severe. It is crucial that you reach out to a hardworking attorney as soon as possible to discuss the specifics of your case and begin building a defense.

The legal team at Grand Canyon Law Group is made up of former prosecutors who know how to negotiate and fight in DUI cases. Let our dedicated defense lawyers protect your rights and fight for your way of life. Give us a call today.