2nd Offense DUI in Arizona: Penalties and Legal Strategies
Free Consultation 24/7 & Payment Plans

Mandatory jail: 90 days total; may be reducible to 30 days with timely completion of alcohol/drug screening, education, or treatment as permitted by law.

Fines & assessments: $3,000+ (base fines, surcharges, court fees; local totals vary).

License consequence (criminal side): 12-month suspension (see MVD section below).

Ignition interlock device: Required after license reinstatement.

Other terms: Probation (often up to 2–5 years), community service (commonly 30 hours), traffic survival school, and a treatment plan as ordered.

Mandatory jail: 120 days, with 60 days consecutive required.

Fines & assessments: $3,250+ plus surcharges and fees.

License consequence: 12-month suspension.

Ignition interlock: Required, often for a longer period than a regular DUI.

Other terms: All screening/treatment requirements still apply; expect stricter probation oversight.

Mandatory jail: 180 days, with 90 days consecutively required.

Fines & assessments: $3,750+ plus surcharges and fees.

License consequence: 12-month suspension.

Ignition interlock: Required; the IID term after reinstatement is commonly longer than for other categories.

Other terms: Probation, community service, education/treatment, and court-ordered compliance checks.

Refusal to test: 12-month suspension for a first refusal; 24 months for a second refusal within 84 months.

Test over the limit: Expect an immediate administrative suspension notice.

Deadline: You typically have 15 days from service of the notice to request an MVD hearing; miss it and the suspension kicks in automatically.

Second conviction: Commonly triggers 12 months of license suspension.

HB 2187 (revocations): If you have at least one aggravated DUI conviction combined with any other DUI conviction(s), MVD may impose a three-year revocation.

Reinstatement prerequisites: Proof of screening/education/treatment, SR-22 (if required), and IID installation.

When it applies: After you are eligible to drive again, you must install an IID for at least 12 months; extreme and super extreme second offenses often lead to longer IID terms (e.g., 18–24 months).

How it works: The IID requires a clean breath sample to start and random retests while driving. Tampering or failing tests can extend your IID term and generate new violations.

Costs: Installation typically $70–$150, plus monthly fees; the driver pays.

Insurance (SR-22/high-risk): Premiums often spike for years; you may need SR-22 filings.

CDL holders: A second DUI can lead to permanent CDL disqualification, ending commercial driving careers.

Employment & licensing: Many employers and licensing boards treat repeat DUIs as significant character/fitness issues.

Travel & immigration: Some countries restrict entry for DUI histories; immigration cases can be affected by repeat offenses.

Housing & background checks: A second DUI can complicate rental and loan approvals.

Set-aside/expungement: Arizona’s set-aside law does not erase a prior for enhancement purposes; talk to counsel about current record-relief options.

No reasonable suspicion for the stop (bad lane-weaving call, mistaken identity, pretext without facts).

No probable cause to arrest (weak signs of impairment, inconsistent officer observations).

Miranda / right to counsel violations (especially around breath/blood decisions).

Body-cam / dash-cam mismatches with the narrative.

Calibration/maintenance issues with breath devices.

Draw/storage/transport problems for blood samples.

Chain-of-custody breaks at the lab.

Analyst error or expired certifications.

Rising BAC and margin-of-error arguments (critical near 0.08, 0.15, and 0.20 thresholds).

Medical factors (GERD, ketosis/diabetes, mouth alcohol, dental appliances) skewing results.

No actual physical control (sleeping in car, engine off, safe harbor facts).

84-month math errors (remember: offense date vs. conviction date).

Substantial similarity of an out-of-state prior.

Validity of the earlier judgment; missing documents or constitutional issues.

Charge reduction (super/extreme → regular).

Sentencing reduction (using screening/education to limit jail minimums).

Plea to first-offense treatment if the prior is close to the 84-month window and equities are strong.

Diversion or specialty court options where available.

Full dismissal when the State can’t meet its burden.

Complete screening promptly; it can help reduce mandatory jail and support negotiations.

Avoid new violations (no driving without privilege, no alcohol restrictions violations).

Gather mitigation (employment letters, treatment enrollment, community ties).

Under 21: Arizona has zero-tolerance rules for alcohol; separate suspensions can apply.

Drugs vs alcohol: DUI applies to alcohol and drugs (including certain prescriptions and cannabis); testing issues differ.

Accidents or injuries: Collisions can trigger additional charges (criminal damage, endangerment) and restitution claims.

Wrong-way facts: Driving the wrong way while impaired can aggravate the offense to a felony.

Arrest / Citation → you receive an administrative order (suspension/refusal).

Within 15 days: request MVD hearing.

Arraignment: enter plea; disclosure begins.

Pretrial practice: negotiate; file motions (suppress evidence, dismiss priors).

MVD hearing: administrative outcome (independent of criminal case).

Plea or Trial: if convicted, sentencing occurs; IID setup after eligibility.

Reinstatement: complete screening/education, pay fees, file SR-22 if required, install IID.