Even if a person has no prior criminal record, state law says that a DUI conviction must result in a minimum jail sentence. Things become even more severe if you have a prior DUI on your record. Although the case is still a misdemeanor, a court must increase the mandatory minimum penalties upon conviction.
Fighting back against these allegations with a seasoned attorney is critical to protecting your future. Grand Canyon Law Group can work to preserve your ability to continue driving and prevent other potential consequences. We can contest a second-offense DUI in Tempe by challenging the supposed facts that led to an arrest or calling your alleged prior conviction into question. These strategies can help minimize the impact of this arrest on your way of life.
A crucial part of any second-offense DUI case is the prosecutor’s ability to prove a person’s prior criminal history. The most direct way to do this is to obtain a certified criminal record from the State’s database.
However, there are nuances to this process. For example, Arizona Revised Statute § 28-1381 creates a look-back period of 84 months when seeking prior convictions. This means a defendant may have a prior DUI conviction on their record but still avoid prosecution for a second offense if that conviction occurred more than 84 months prior.
It is also important to note that courts may consider a DUI conviction for an offense that occurred in any other jurisdiction. It is common practice for police and prosecutors to attempt to get this information from a driver during or after an arrest. A relentless attorney at our Tempe office can help develop a defense against allegations that a driver has a prior criminal record involving DUI.
Prosecutors pursuing second-offense DUI cases must still show that a driver violated the state’s DUI laws. Prior convictions for DUI are never proof of current behavior. The DUI statute says that it is illegal for any person to be in control of a vehicle while under the influence of alcohol or drugs. Prosecutors seeking to prove this concept may rely on an arresting officer’s observations, the results of blood, breath, or urine tests, or both. A local attorney experienced in handling second-time DUI cases can work to create reasonable doubt concerning any of these concepts.
Defeating a second-time DUI case is of crucial importance. While these cases are misdemeanors under the law, convictions come with severe penalties. Courts can impose a maximum jail sentence of one year, and convictions must result in a mandatory-minimum 90-day sentence. In addition, courts must impose the following penalties:
Talk to our Tempe lawyers as soon as possible to begin building a defense to second-offense DUI charges.
An arrest under suspicion of a second-offense DUI in Tempe can be stressful and terrifying. Convictions will have severe consequences, including at least three months in jail. This is in addition to the heavy fines, lengthy loss of license, and other penalties.
It is crucial that you understand the relevant laws and how to fight back against these allegations. At Grand Canyon Law Group, we are ready to take the lead in your case and fight to protect your freedom. Call today to set up a consultation.