Multiple DUI Defense Attorney

Repeat Offense DUI Defense in Tucson

Repeat DUI offenses are extremely common.  Often the result of alcoholism/addiction, or sometimes just bad luck, people charged with DUI more than once face the even greater wrath of Arizona's already strict DUI laws.  Going into court facing harsher punishment, it is all that much more important to have a highly-qualified, experienced criminal defense attorney you trust to fight for you.  If you or a loved one has been arrested or charged with driving under the influence (DUI) contact the Tucson Defenders today for a Free Consultation with a Tucson Criminal Defense Lawyer.  520-585-5757

Over the past two + decades, law enforcement and court emphasis on Driving Under the Influence has increased significantly.  From a reduced legal limit (.08), to the use of DUI checkpoints and saturation points, and of course to the harsher prosecution and increased penalties, there has never been a worse time to be a defendant in a DUI case.

While first time DUI is a big deal in and of itself, repeat offenders face much harsher potential penalties.  Other aggravating factors, such as an injury, the presence of a child in the vehicle, high blood alcohol, driving the wrong way, etc. certainly make a DUI case more serious.  Still yet, if these other factors are present during a first offense, it is easier to defend on the grounds of not having priors.  For example, if a person's first DUI happens to cause an injury to another person, that case may still be treated more leniently than for certain multiple offense DUI offenders. 

We have previously discussed Aggravated DUI here, and DUI Causing Injury here.  There can be substantial overlap.  For example, two ways in which a DUI can be an Aggravated DUI are for having a suspended license (due to DUI) at the time of the new case, and failing to install an ignition interlock device (IID) or tampering with the device.  In these cases, a person charged with aggravated DUI will also be charged with having a prior DUI offense.  Of course it is also possible to be charged with Aggravated DUI and/or an injury resulting from DUI for a first offense, but (again) the most strenuously prosecuted offenses will involve repeat offenders.

WHAT COUNTS AS A PRIOR OFFENSE
Under Arizona law, prior DUI convictions may only be alleged if they occurred within seven (7) years of the offense date (not the date of conviction in court).  DUIs older than seven (7) years may still be considered in crafting a sentence, but do not elevate a DUI charge to the category of Aggravated DUI.  Prior convictions need not have occurred in Arizona, though prior DUI convictions from other states may fall outside of the purview of a prior if the statute is sufficiently different (e.g. in several states, a first offense DUI conviction is not a misdemeanor). 

PENALTIES FOR MULTIPLE DUI OFFENSES
There are several different categories of repeat offense DUIs in Arizona.  A second-time misdemeanor DUI (one prior conviction occurring within seven (7) years) is punishable from 30 days to six (6) months in jail.  This is in contrast to first offense DUIs, where most people will avoid doing any jail time.  A second DUI, with a high BAC (over .20), if charged as a misdemeanor, is punishable by a minimum of six (6) months in jail.  A third DUI is punishable by anywhere from four (4) months to two and a half (2.5) years.  Additionally, repeat offenses can carry even greater penalties where high BAC or injuries are involved.  While jail is often the most dreaded criminal penalties, multiple offense DUI convictions come with high fines (in the thousands of dollars), license suspensions or revocations, probation, community service, mandatory installation of an ignition interlock device, classes, and more.

PROBATION VIOLATIONS WITH MULTIPLE DUI CHARGES
Getting a repeat DUI charge while on probation for the prior DUI poses additional challenges.  The next best thing to having no criminal record, is having an old criminal record.  When prior convictions are still so recent that the defendant is still on probation, they face the likely punishment of both violating the previous grant of probation, and for committing the new offense.  The burden of proof on the government is lower in probation violation hearings, so it is possible to avoid a new conviction and still be punished for violating probation.  In fact, it is typically a condition of DUI probation not to drive with any alcohol in ones system, so even a small amount of alcohol can result in a violation of DUI probation, and all of the consequences that come along with that.  Further compounding penalties in the case of multiple DUIs in a short time, is that often a driver is also subject to penalties for driving while their license is already suspended or revoked.

THE STATE MUST STILL PROVE THE NEW CHARGE
While the laws regarding DUI in Arizona give prosecutors numerous ways to prove a person is guilty of DUI, they do still have the burden of proof beyond a reasonable doubt.  Having a prior DUI conviction does enhance the penalties if convicted, but if there are proof problems or strong defenses with the new case, it is possible to avoid these penalties.  With more at stake than for a first offense, thorough investigation and case review, as well as legal skill and knowledge are that much more important.  If you or a loved one has been arrested or charged with driving under the influence (DUI) in Tucson, or elsewhere in Arizona, contact the Tucson Defenders now to speak with an Arizona criminal defense attorney about your case.

Our consultations are free, and no obligation.  We can discuss any questions or concerns you have, go over the general process, and begin to evaluate potential defenses in your repeat DUI case. 

520-585-5757

RELATED ARTICLES:  Driving Under the Influence, Drug Crimes, Aggravated DUI, DUI Drugs, DUI Causing Injury, Multiple Offense DUI

---

DUI Resources:
Pima County Law Library
NHTSA AZ Highway Safety Report
NHTSA Website
ADOT DUI Information
Alcoholics Anonymous

Tucson, AZ DUI Important Links:
Tucson City Court (Misdemeanors In City Limits)
Pima County Justice Court (Misdemeanors)
Pima County Superior Court (Felonies)
AZDPS DUI Enforcement Unit
Tucson Police Department