If a person has been convicted of intoxicated driving in the past, they may assume that another arrest will inevitably lead to a conviction. However, second-offense DUIs are often harder to prosecute. In addition to the normal aspects of DUI that the prosecutor must prove, they must also demonstrate that you had a previous DUI conviction within a specific timeframe.
The skilled lawyers at Grand Canyon Law Group work with previously convicted defendants to fight new charges and prevent increased penalties. Legal counsel can make all the difference in your ability to avoid the harsh consequences of a second-offense DUI in Scottsdale.
Arizona Revised Statute § 28-1381 mainly deals with the potential penalties for driving while intoxicated due to alcohol or drugs. Fighting back against a conviction under this statute is the most direct way to avoid a second-offense DUI in Scottsdale.
An experienced local attorney could challenge the police officer’s reason for making a traffic stop or contest the officer’s observations that led them to believe a driver to be drunk or high. Alternatively, a case may revolve around the improper application of a blood, breath, or urine test. It is best for those facing a second DUI offense to work with a lawyer experienced in the Scottsdale court system.
A DUI charge is a serious allegation under state law. Even first-time offenders face harsh penalties upon conviction and must spend at least one day in jail.
However, the state’s DUI statute creates even harsher penalties for second-time offenders. Under the law, a second offense will require:
However, a critical aspect of a repeat DUI case is the prior conviction. It is the prosecutor’s obligation to demonstrate to the court that this was the defendant’s second conviction. Under state law, this prior conviction must have occurred within the previous 84 months. This conviction may have occurred in Scottsdale or elsewhere in the state or country. Our knowledgeable Scottsdale attorneys can provide more information about second DUI offenses and what a prosecutor must prove to obtain these convictions.
Allegations involving drunk driving must be taken seriously, especially if you have prior offenses. The stakes are extremely high, with possible consequences including a mandatory jail term, heavy fines, and losing your license for one year. Your finances, freedom, and reputation are at stake. Don’t take any unnecessary chances.
The dedicated defense lawyers at Grand Canyon Law Group work with people like you to explain the nature of their charges, determine an effective strategy, and present a strong defense in court. From evidentiary motions to trial preparations and cross-examinations of the police officer, we are at your side every step of the way. Contact our firm today to discuss your second-offense DUI in Scottsdale and get the help you need.