Third DUI in 7 Years
Phoenix Aggravated DUI Lawyer
In Phoenix, a drunk driving offense can be charged as a felony in some
cases. 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 drunk driving convictions on your record,
then you should be aware of the consequences of incurring a third. If
you are arrested for your third drunk driving offense within seven years,
then be sure to contact our firm. We can provide the aggressive defense
and proven tactics you need to fight against a felony conviction.
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.
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.
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."
If you have been arrested for your third or subsequent DUI within 7 years
and you're facing aggravated DUI charges,
contact a Phoenix DUI attorney from Knowles Law Firm, PLC today!