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ARS §28-1381(K)(1): Second Offense DUI/DWI in Arizona

ARS §28-1381(K)(1): Second Offense DUI/DWI in Arizona

In this short video, David Cantor explains the penalties and punishments for a Second offense DUI/DWI in Arizona:

Penalty for 2nd DUI/DWI in Arizona

As with many other offenses, the State of Arizona applies harsher penalties for repeat drinking and driving offenses. Thus, it’s vital to enlist the help of an experienced DUI attorney if you’ve been convicted of a second DUI offense in Arizona within seven years of your first DUI. Without an attorney, the likelihood of jail time is high; a judge may sentence anyone convicted of a second offense DUI to a minimum of 90 days in jail pursuant to ARS 28-1381(K)(1). Such an interruption in one’s routine and the stigma of a three-month sentence can lead to the loss of a job and professional accreditation. But with an attorney, acquittal, pleading to lesser charges, or arranging compromises such as a 10-day jail sentence is possible.

A conviction for second offense misdemeanor DUI in Arizona entails not only jail time, but a large number of expenses as well. Among the expenses associated with the second offense DUI penalties is at least $3,500 in fines, assessments and other charges. Of course, that amount doesn’t include the cost of the alcohol education program described in ARS section 28-1381(L) — this is typically a 36-class program which costs $1,000, with an additional charge of $100 for a controlled substance screening test. Additionally, ARS section 28-1381(K)(3) explains that a license driver’s license revocation accompanies a second time DUI conviction. In addition to the cost of public transportation or alternative modes of travel, it will cost $1,500 to install the ignition interlock device the state requires you to install when you return to driving. But that’s not all – when you return to driving, you’ll also have to get special SR-22 insurance, which costs $500 per year for three years (a total of $1,500). The cost of 30 days in jail is about $3,500.  Additionally, your regular car insurance premiums will increase by $3,000 annually for a total of $9,000 over three years.

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Altogether, the cost of a second offense DUI conviction in Arizona is $20,100, not including lost wages or costs associated with securing alternative forms of transportation while you are without a license.

Again, a breakdown of the costs associated with this conviction:

  • Three years of increased car premiums: $9,000
  • Three years of SR-22 insurance: $1,500
  • Ignition Interlock Device: $1,500
  • Ninety days in jail: $3,500
  • Alcohol program: $1,000, with extra $100 for alcohol screening
  • Miscellaneous fines, surcharges, and fees: $3,500

If you have been charged with a second DUI in Arizona, the consequences are significant and you need an experienced DUI attorney. Call (602) 737-2812 or email our offices confidentially 24 hours a day for a free case review.

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