Grand Canyon Law Group
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The courts are bound by specific laws regarding prior DUIs. If somebody goes to trial and is convicted of a DUI, and the state can show that they have a prior DUI within seven years, they face mandatory sentencing. This could include jail time, license suspensions, and hefty fines.
The best way to avoid penalties for repeat DUIs in Phoenix is to seek legal counsel to defend your case. At Grand Canyon Law Group, our experienced attorneys know how to handle these situations the right way. We work to minimize the repercussions you face and protect your rights at every stage of the legal proceedings.
For a second-offense drug DUI, the judge must give the person no less than 90 days of jail, 60 of which can be suspended. For alcohol, sentencing ranges from 90 to 180 days in jail. A blood alcohol content (BAC) or .15 or higher comes with four months of jail time. Over .20 for a second-time DUI is a minimum of six months in jail.
However, our Phoenix attorneys can work to avoid these repeat DUI penalties in various ways. For example, we could negotiate to have the prosecutor not allege the prior, meaning the judge would sentence the case as a first-time DUI. Sometimes, we can get the judges to allow home detention, probation, and/or work release. This allows people to maintain their employment and minimize the impact of repeat DUI charges on their career and family life.
The other option is to go to trial and potentially challenge the case and win. However, the risk is that the judge has no choice but to convict as a second-time DUI if the defendant loses. This comes with elevated jail terms, fines, and required classes. A repeat DUI in Phoenix also comes with consequences from MVD, such as license suspensions.
If a person has two prior DUIs within seven years, the third offense will likely be charged as a felony. A defendant with no prior felony convictions may get probation, plus a minimum four months’ prison sentence. If they have prior felony convictions, they face sentencing for a Class 4 felony: one to 3.75 years in prison. Prior felonies on a person’s record will increase the potential penalties for a DUI conviction, as our experienced local attorneys can explain.
A third-time DUI offender also faces one to three years of license revocation or suspension. Fines are typically upwards of $10,000. Penalties also include mandatory substance abuse classes, treatment, and counseling.
Prior convictions are an aggravating factor in any DUI case. Most aggravated DUIs come with a minimum of four months in prison plus probation. Another aggravating factor is if there was an accident or if the driver allegedly put anyone else on the road in danger. A misdemeanor charge can also become a felony or aggravated DUI if there was someone under the age of 15 in the car. Any of these factors can lead to increased penalties, making it essential to seek help from a Phoenix attorney who handles repeat DUI cases.
If you are facing repeat drunk driving charges, it is crucial to understand the potential penalties and learn your options for mitigating the consequences. At Grand Canyon Law Group, our dedicated attorneys are here to listen to your goals and help achieve the best result possible in your case. Set up a consultation with us to learn more about penalties for repeat DUIs in Phoenix. We believe you have a way of life worth saving, so do not hesitate to reach out and get the representation you need.
Grand Canyon Law Group
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