Published on:

Aggravated DUI: Third DUI in 7 Years Calls for Prison Terms in Arizona

Adverse consequences of Felony DUI convictions are far reaching, and can last a lifetime.

In Arizona a person convicted of a third or subsequent DUI within 7 years or 84 months will be found guilty of Aggravated DUI, Class 4 Felony charges.  Felony DUI convictions are very serious and will result in harsh sentencing including at least 4 months in State Prison.

A first offense DUI is generally charged as a Class 1 Misdemeanor, which calls for jail terms, but not prison.  There are several aggravating factors under Arizona law that can elevate a Misdemeanor DUI to an Aggravated DUI.  One of those factors is to be found guilty of a third DUI within in 84 months.

Felony DUI Laws and Penalties

Under A.R.S. 28-1383 Aggravated DUI includes:

A. A person is guilty of DUI with drugs or alcohol; and

…2. Within a period of eighty-four months commits a third or subsequent violation of any type of DUI and was previously convicted.

Penalties include:

  • 3rd DUI in 84 months carries 4 month prison terms;
  • Subsequent carries 8 month prison terms;
  • Fines, fees, and assessments $4,000.00;
  • Driver’s Licenses Revocation for 3 years;
  • Ignition Interlock Device (IID) for 2 years following driver’s license reinstatement;
  • Mandatory substance/alcohol abuse counseling, treatment, and supervision;
  • Probation, Parole, and/or Community Service

These are the minimum criminal penalties.  Other penalties may be ordered by the judge, including restitution if a victim was injured as a result of the DUI.

Civil consequences also result from a Felony DUI conviction including, but not limited to:

  • Loss of voting rights;
  • Loss of right to bear arms;
  • Criminal felon record;
  • Other collateral consequences that may adversely impact residency, school, work, and credit.

Criminal Defense Attorney for Chandler AZ DUI charges

Arizona’s DUI laws and sentencing are some of the toughest in the country. The adverse impacts of Impaired or Drunk Driving Conviction can last a many years, and in some cases a lifetime. You should always consult, an experienced criminal lawyer regarding your matter, before pleading guilty or appearing in court. If retained, your defense attorney will evaluate your case to determine if any rights were violated, and what defenses may apply to your charges. They will defend your case; protect your rights; look for exculpatory evidence that can be presented on your behalf; and work to get the best resolution in your charges. In some cases the DUI may be dismissed, or reduced. If a conviction cannot be avoided, your attorney will work to help avoid long term prison terms and other harsh sentencing.

Additional Resources