Third DUI in 7 Years in Phoenix

Phoenix Aggravated DUI Lawyer

When a DUI is charged as a felony, it is considered an aggravated DUI. There are a few different scenarios which could warrant an aggravated DUI charge, one of them being a third DUI within an 84-month period (7 years). If you already have any drunk driving convictions on your record, then you should be aware of the consequences of incurring a third.

According to § 28-1383(A)(2),

2. Within a period of eighty-four months commits a third or subsequent violation of section 28-1381, section 28-1382 or this section or is convicted of a violation of section 28-1381, section 28-1382 or this section and has previously been convicted of any combination of convictions of section 28-1381, section 28-1382 or this section or acts in another jurisdiction that if committed in this state would be a violation of section 28-1381, section 28-1382 or this section.

Additional Circumstances & Types of DUI in Arizona

Besides multiple DUIs within an 84-month period, other circumstances can elevate your charge to a felony such as driving under the influence with a child passenger and drunk driving on a suspended license. Additionally, Arizona laws include “extreme DUI” and “super extreme DUI,” which can lead to harsher penalties if you are convicted.

The 84-Month Period

One of the most important factors in determining an aggravated DUI from a regular DUI is recognizing exact dates, since this type of DUI charge is date-specific. The Arizona statutes state that an aggravated DUI charge can be filed "regardless of the sequence in which the offenses were committed." This means that any three DUI offenses within this set 84-month period could warrant an aggravated DUI. The law also specifies that there must not only have been three DUI offenses, but a third or subsequent DUI that resulted in a conviction.

Some drunk driving offenses involve multiple charges arising out of the same series of acts. According to the aggravated DUI statutes, "a third or subsequent violation for which a conviction occurs does not include a conviction for an offense arising out of the same series of acts."

There are also certain days that will be excluded when calculating this 84-month period. For example, when an individual is on probation but is labeled "absconder" status OR the days in which a person is incarcerated in any correctional facility (state, federal, county or city) will not be included when calculating a 7-year period.

Penalties for Third DUI in 7 Years

In the state of Arizona, a third or subsequent drunk driving conviction within a seven-year period is charged as a class 4 felony offense. One of the penalties for this type of aggravated DUI is not being eligible for probation or any other type of suspended sentence. A person can only be eligible for certain types of probation after they have served at least four months in prison.

Many people wonder if they can be charged with aggravated DUI in Arizona if not all of their prior DUI convictions took place in Arizona. Under this section of the codes, a person can be convicted for aggravated DUI for DUI convictions in other jurisdictions. So long as the charge in the other state would have been punished as a DUI, extreme DUI or super extreme DUI in Arizona, it is included in your DUI history and can contribute to this type of charge.

What Happens if I'm Convicted?

Upon being convicted for aggravated DUI, a driver's license shall be revoked. This is different than suspension, which has a definite start and end date. With license revocation, there is no definite end date, but a person can petition for a reinstatement after a certain period of time has passed and only after meeting the court-mandated requirements. According to the statutes, a new license cannot be issued until the convicted individual has served one year of their sentence.

The court will also require the installation of an ignition interlock device after the suspension or revocation period is over. The court can require installation "for more than twenty-four months beginning on the date of reinstatement of the person's driving privilege following a suspension or revocation or on the date of the department's receipt of the report of conviction, whichever occurs later."