In this short video, David Cantor explains what to expect from a 3rd offense Extreme DUI/DWI:
A third offense extreme misdemeanor DUI/DWI in Arizona may occur if a person is arrested for driving under the influence (DUI) with a blood alcohol content (BAC) that is over 0.15 but under 0.20, who was convicted of a previous DUI offenses within the previous seven years. Unfortunately, even if the previous DUIs were due to a BAC of under .15, someone may still be charged with an Extreme DUI third offense in the state. In addition, DUI offenses from other states within the seven year time frame may be used as prior offenses in order for a charge of third time extreme DUI to be warranted.
Severe Punishments for Third Extreme DUI/DWI
There is no doubt that a conviction for Extreme DUI for the third time carries extremely harsh penalties, as even first and second offense penalties for Extreme DUI are harsh. Penalties for a third offense include:
- Jail Time – A judge will order the defendant to serve at least six months but no more than two years in jail.
- Fines and Assessments – The convicted party will be required to pay a $750 fine as well as assessments as follows: $250 to the Driving Under the Influence Abatement Fund; $1,500 to the Prison Construction and Operations Fund; $1,500 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. No work permit may be issued during revocation. Commercial Driver’s License (CDL) endorsements must be removed, even if the defendant was not driving a commercial vehicle at the time of the arrest.
- Substance Abuse Class – Upon conviction, the defendant must attend mandatory substance abuse classes which will cost them $585, and will be required complete alcohol screening at a cost of $50.
- Ignition Interlock Device – The defendant will be required to install a victim interlock device on every vehicle they drive for 24 months after the reinstatement of their license. Costs for installing and maintaining the device are the responsibility of the convicted person ($2,400). In addition, in order for DMV to issue the special interlock restricted license, the defendant must provide the agency with SR-22 information, which documents proof of financial responsibility, from their auto insurance company ($1,500).
- Insurance – Insurance rates rise an average of $3,000 per year after a third offense Extreme DUI convictions, for the next 3 years ($9,000).
Most DUI charges in Arizona are misdemeanor charges, which mean they have lesser penalties and fewer repercussions. However, a third offense Extreme DUI in Arizona can be chargedas a Class 4 felony, and felony conviction can result in additional complications for the person charged, including losing the ability to vote or serve on jury duty, restrictions on owning firearms, and even the loss of employment depending on the industry in which the defendant works. The loss of a CDL endorsement for those who drive commercial vehicles may also result in termination of employment. Even more concerning is that someone convicted of a third offense under this statute which was charged as a first offense felony Aggravated DUI, the court could order the motor vehicle they were driving forfeited to the state.
There are many defenses available for a third time Extreme DUI in Arizona, including problems with out-of-state prior offenses, errors in the previous arrests, and other factors that could benefit someone who is facing such a serious charge. If you or a loved one is facing a this serious charge, contact us online or by phone at (602) 307-0808 to set up a free consultation to learn what rights you may have.
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