Repeat DUI / Felony DUI

Repeat DUI / Felony DUI / Aggravated DUI

Maricopa County • Phoenix DWI Defense Attorney

Arizona law is downright harsh for people with a second or third DUI. Because prosecutors are less inclined to be lenient with a repeat offender, you need aggressive representation from a seasoned DUI lawyer.

Contact the law office of Cheryl A. Brown, L.L.C. today for a free initial consultation. I represent citizens arrested in the greater Phoenix metropolitan area, in Maricopa County, Pinal County, and Yavapai County. Call my Glendale or Tempe office. I also represent commercial drivers facing DUI charges.

What Punishment Am I Facing?

Sentencing for a second or third DUI depends on your blood alcohol content, how long ago any prior convictions occurred, and the discretion of the judge in the jurisdiction where you are facing DUI charges. See Arizona DUI Penalties for a full explanation, but these are the basics of sentencing:

Second DUI Offense Within 84 Months of the First DUI: BAC .08 to .149

Minimum sentencing includes:

• 90 days in jail (court may require only 60 days with drug/alcohol evaluation and completion of mandatory treatment program)
• Fines and costs exceeding $3,400
• License revoked one year, no temporary license
• Ignition interlock on car for 12 months after license reinstatement
• Probation up to 5 years, and a mandatory minimum of 30 hours of community service
• Possible impoundment of your vehicle

Aggravated DUI (Felony DUI)

A felony charge of Aggravated DUI is charged if this is your third DUI within seven years, or another condition exists, such as you are driving on a suspended or revoked license for a prior DUI, or you have a child under 15 in the car or you are involved in an accident with serious injuries or death. Penalties for felony DUI can include:

• Minimum of 4 months in prison (up to 3.75 years depending on criminal history and the other aggravated DUI condition)
• Fines and costs exceeding $5,500
• License revoked for 3 years
• Probation up to 5 years
• Ignition Interlock device mininum 24 months
• Mandatory drug/alcohol evaluation and treatment program

Can I fight this?

Because there is so much at stake if you are convicted of a repeat DUI, it often makes sense to go to trial. However, trying your case before a jury is always a risk, and a conviction may carry harsher penalties than you would receive in a plea agreement.

I will review your case and fully explore all avenues for challenging the DUI, including:

• Reasonable suspicion for the traffic stop
• Probable cause for arrest
• Validity of sobriety tests
• Qualifications of the arresting officer
• Violation of constitutional rights
• Errors in blood alcohol testing
• Inadmissible evidence.

As your DUI defense attorney, you can count on me for a frank assessment of your repeat or aggravated DUI arrest and honest advice on how to achieve the best outcome in your case.

Contact my Glendale or Tempe law office today to arrange your free 30-minute consultation.

Repeat Offenses • Suspended License DUI