The Arizona court system keeps track of every DUI conviction in the state for at least seven years afterward. This ensures repeat offenders face increasingly harsh sanctions for each subsequent conviction. Being convicted of driving under the influence a third time within seven years can lead to particularly serious penalties, as the charge will be upgraded from a misdemeanor to a felony.
Guidance from experienced legal counsel can be crucial to handling a third-time DUI in Glendale and protecting your rights. Once retained, a tenacious DUI lawyer at Grand Canyon Law Group can build a tailored defense against the prosecution’s case. We will ensure there are no violations of your rights or procedural errors during your trial and work to reduce the impact of the charges on your life.
As per Arizona Revised Statute §28-1383, anyone with two or more DUI convictions within 84 consecutive months will be prosecuted for felony aggravated DUI for a third offense. Regular DUI, extreme DUI, and super extreme DUI all count equally as prior convictions, regardless of whether they were later “set aside.” However, DUI charges that were dropped, dismissed, or resulted in convictions more than seven years prior will not be counted in this context.
This form of aggravated DUI is categorized as a class 4 felony offense; someone with no prior felony convictions who is then convicted of a third-time DUI may face a minimum of four months in prison. This could be increased up to a maximum of 3.75 years, depending on the presence of mitigating or aggravating factors. The presumptive prison term for this category of offense is 2.5 years, and fines assessed in connection to a conviction may range from a few thousand dollars to a statutory maximum of $150,000.
Importantly, someone with prior felony convictions—either for aggravated DUI or some other offense categorized as a felony—is subject to enhanced sentencing ranges upon conviction for a third DUI within seven years. A second-time felony offender may face between 2.25 and 7.5 years in prison, and individuals facing a third or subsequent felony charge may be sentenced to between six and 15 years in prison upon conviction. When the stakes are this high, those facing third-time DUI charges should work with a Glendale lawyer on a strong defense.
Aggravated DUI convictions for third-time offenses carry the harshest administrative sanctions of all DUI charges defined under Arizona law. In addition to a mandatory driver’s license revocation for one year, convicted individuals are also subject to mandatory SR-22 designation on their car insurance, up to ten years of probation, and two years of mandatory ignition interlock device (IID) installment if their license is restored.
On that note, third-time DUI offenders do not have their driver’s license automatically reactivated after their suspension period ends. Instead, a lengthy application process requires the applicant to certify attendance at or completion of court-ordered alcohol education/treatment, approval from a healthcare professional, and information about their employment and other traffic violations. Our Glendale attorneys can further explain these requirements to those facing or convicted of third-time DUIs.
With few exceptions, getting charged with a third DUI means you face felony charges. You should not try to handle this situation without representation from experienced legal counsel.
If you were accused of a third-time DUI in Glendale, speaking with a skilled attorney is a vital first step toward protecting your way of life. Call Grand Canyon Law Group today to schedule a meeting.