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ARS §28-1382(E) – Second Offense Extreme DUI/DWI in Arizona

ARS §28-1382(E) – Second Offense Extreme DUI/DWI in Arizona

A person can be charged with second offense Extreme misdemeanor DUI/DWI (ARS §28-1382(E)) in Arizona if they are arrested for driving under the influence (DUI) with a blood alcohol content (BAC) that is over 0.15 but under 0.20, and who was convicted of a first offense DUI charge within the previous 84 months (seven years). The previous DUI does not have to be an Extreme DUI in order to be charged with a second offense Extreme DUI.

David Cantor explains the very harsh punishments for a Second Offense Extreme DUI/DWI in Arizona:

Severe Punishments for Second Extreme DUI/DWI

Although punishments for Extreme DUI are significant even if it is a first offense, someone convicted of a second time Extreme DUI faces even harsher penalties. Those penalties include:

  • Jail Time – A judge will order the defendant to serve between 120 and 180 days in jail. However, the court may suspend all but 60 of the minimum 120 if the defendant agrees to attend alcohol and drug evaluation, as long as they adhere to the recommendations of the counselor, which could include rehab, extensive counseling session or other types of alcohol and drug intervention. 60 days of the jail sentence must be served consecutively.  The cost of 120 days in jail in $12,500.
  • Fines – The minimum fine for second offense extreme DUI is $500 plus surcharges.
  • Assessments$250 to the Driving Under the Influence Abatement Fund; $1,250 to the Prison Construction and Operations Fund; $1,250 to the Public Safety Equipment Fund. The defendant could also be required to pay incarceration fees that could run into the thousands of dollars.
  • Driver’s License – The convicted person’s driver’s license will be revoked for one year and reinstatement is not automatic. During revocation, a work permit is not allowed. For drivers with a Commercial Driver’s License (CDL), the CDL endorsement is removed, even if the defendant was not driving a commercial vehicle at the time of the arrest.
  • Counseling – Upon conviction, an alcohol and drug evaluation is required, and the defendant must follow any recommendations provided as a result of the evaluation. This could include rehab or enrollment in a drug and alcohol education course at a cost of $1,000. In order to successfully complete the course, the defendant must pass a drug and alcohol screening that costs an additional $100.
  • Community Service – The defendant must perform at least 30 hours of community service.
  • Victim Impact Panel – The judge may require the defendant to attend a Mother’s Against Drunk Drivers (MADD) Victim Impact Panel.
  • Ignition Interlock Device – The defendant will be required to install a victim interlock device on every vehicle they drive. Costs for installing and maintaining the device are the responsibility of the convicted person, approximately $1,500.
  • Insurance – For those convicted of a second offense Extreme DUI in Arizona, a special SR-22 policy will be required, which costs as much as $500 per year. The SR-22 requirement last for three years. In addition insurance rates could increase by as much as $3,000 per year ($9,000).

If you choose to drive legally once your driver’s license is reinstated, the total cost is approximately: $29,500

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Employment Complications

Many companies have policies in effect which state that any DUI conviction may be grounds for immediate termination. Even those that do not may have no option but to terminate employment if a CDL endorsement is revoked, a defendant cannot drive to work or they are incarcerated for 60 days.

With fines and penalties this severe you will need an aggressive DUI defense attorney on your side. The Law Offices of David Michael Cantor offers free case reviews for DUI cases in Arizona. Call us now to schedule an appointment at (602) 737-2812 or use our confidential email form for 24 hour a day service.

Did you find what you were looking for? If not, click here to go to a full list of the Arizona DUI Laws.

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