54+ Five-Star Google Reviews
“Attorney Divelbiss is bright, hard-working, and well-versed in criminal law. His legal writing is superb, and his commitment to his clients is outstanding. He will fight for you and offer you the best defense possible. Additionally, he is a pleasure to work with. I fully endorse this lawyer.”
J.S. 54+ Five-Star Google Reviews
“I hired Zachary after I found myself charged with a felony. He put me at ease right away and during the whole process he explained each step to where I understood everything and was always available for any questions I had. ”
S.N. 54+ Five-Star Google Reviews
“Attorney Zachary is a brilliant attorney, I highly recommend his company to resolve any legal/criminal matter satisfactorily. He still continue to work on my case to tie some loose ends. He is intelligent , prompt and a problem solver. I thank him a million times to protect my dignity and reputation.”
D.G. 54+ Five-Star Google Reviews
“I have had the pleasure of working with Mr. Divelbiss in the past and know him to be a hard working professional. His attention to detail and care for his clients set him apart from the rest!”
Joshua Black, Attorney 54+ Five-Star Google Reviews
“Attorney Divelbiss is a hard worker and will advocate for his clients with an attention to detail that you don’t see very often these days.”
Brandon White, Attorney 54+ Five-Star Google Reviews
“Attorney Divelbiss is bright, hard-working, and well-versed in criminal law. His legal writing is superb, and his commitment to his clients is outstanding. He will fight for you and offer you the best defense possible. Additionally, he is a pleasure to work with. I fully endorse this lawyer.”
Josephine Hallam, Attorney 54+ Five-Star Google Reviews
“Mr. Divelbiss and I worked in the same office, although we were at different law firms. He was eager to learn and developed a reputation for honesty and zealous advocacy.”
Kristopher Califano, Attorney 54+ Five-Star Google Reviews
“Mr. Divelbiss is a GREAT attorney, very honest and reliable. He takes his times with every client and answers all questions and concerns. Is been a pleasure working with Mr. Divelbiss and he serves his clients very well!”
Allen Hsu, AttorneyResources
2nd DUI in Arizona
Getting a DUI in Arizona can be a frustrating experience with serious implications. You may wonder if there are any other implications if you get a 2nd offense DUI in Arizona. The Arizona Department of Transportation mandates that driving a motor vehicle or being in actual physical control of a vehicle under the influence of drugs or alcohol is unlawful.
If an Arizona law enforcement officer thinks you were driving under the influence, the officer will request that you do either a blood, breath, or urine sample to determine the number of drugs or alcohol in your system. If your test indicates that you have more than .08% blood alcohol content (BAC), you will lose your driving privilege immediately and be required to complete a drug or alcohol screening prior to reinstating your driving ability.
Although a second offense DUI is a misdemeanor DUI in most cases, an aggravated DUI can be a Class 4 or Class 6 felony and carry harsher penalties and heavier fines.
In addition to any criminal penalties the court can impose for a second or third DUI offense, a convicted driver can have their driving privilege automatically revoked. A skilled DUI defense attorney can help you navigate the complexities of DUI law, deal with the charges and fight for the best possible outcome.
POTENTIAL PENALTIES FOR ARIZONA SECOND DUI OFFENSE
States view repeated DUI offenses unfavorably. Consequently, there are typically much more severe penalties for second offenses. Arizona is no exception. In Arizona, DUI’s are divided into two categories: a DUI with a blood alcohol content of .08% or higher or an “Extreme DUI” with a blood alcohol content of .15% or higher. For both categories, the penalties are more extreme for a second offense.
The penalties for a second offense regular DUI of .08 or higher are jail time at a minimum of 90 consecutive days, a monetary fine of at least $3,000, your license will be revoked for 12 months, you will be required to do alcohol screening or education, you must put a certified ignition interlock device on your vehicle, and you must perform community service.
If you have a second ‘Extreme DUI’ – you will face jail time of at least 120 consecutive days and pay a monetary fine of at least $3,250. Your license will be revoked for 12 months; you must do alcohol screening, put a certified ignition interlock device (IIG) on your vehicle for 12 months, and perform community service.
Offenders with a BAC of .20% or higher can be convicted of a ‘Super Extreme’ DUI and face a bit stiffer penalties – at least 180 days in jail, fines of at least $3,750, and an additional six months of IID requirement, in comparison to ‘Extreme’ DUI.
54+ Five-Star Google Reviews
“Attorney Divelbiss is a hard worker and will advocate for his clients with an attention to detail that you don’t see very often these days.”
Brandon White, AttorneyExperienced DUI Lawyer
Our mission is to help keep good people out of jail by balancing the criminal justice playing field so that each of our clients has a fighting chance to achieve realistic outcomes for their legal situations.
2ND OFFENSE DUI ARIZONA LAWS
Arizona categorizes DUI offenses based on the level of blood alcohol concentration and whether the offense was the first or second offense.
1st DUI Offense:
The blood alcohol content is over .08%
Jail time — Not less than 10 consecutive days
Monetary Fine — Not less than $1,250
Additional Restitution — You must do alcohol screening, put a certified ignition interlock device on your vehicle, and perform community service.
2nd and Subsequent DUI Offenses:
The blood alcohol content is over .08%
Jail time — Not less than 90 days in jail
Monetary Fine — Not less than $3,000
Additional Restitution — Your license will be revoked for 12 months, you will be required to do alcohol screening or education, you must put a certified ignition interlock device on your vehicle, and you must perform community service.
1st “Extreme” DUI
The blood alcohol content is .15% or higher
Jail time — Not less than 30 consecutive days in jail with no ability for probation or suspended sentence
Monetary Fine — Not less than $2,500
Additional Restitution — You must do alcohol screening, put a certified ignition interlock device on your vehicle, and perform community service.
2nd and Subsequent “Extreme” DUI Offenses
The blood alcohol content is .15% or higher
Jail time — Not less than 120 consecutive days in jail
Monetary Fine — Not less than $3,250
Your driver’s license will be revoked for 12 months
Additional Restitution — You must do alcohol screening, put a certified ignition interlock device on your vehicle, and perform community service.
Aggravated DUI
If you commit a DUI while your license is suspended, revoked, or canceled, OR if you commit a third DUI in 84 months, OR if you commit a DUI when someone under 15 is in the vehicle, OR if you commit a DUI and fail to complete the blood alcohol test while you have an ignition interlock device requirement.
Jail time — From four months but not more than two years for the first aggravated DUI offense, and from 2.25 years up to 7 years of prison time if convicted of a second aggravated DUI offense.
Your driver’s license will be revoked for 12 months
Additional Restitution — You must do alcohol screening, put a certified ignition interlock device on your vehicle, and perform community service.
54+ Five-Star Google Reviews
“Attorney Divelbiss is a hard worker and will advocate for his clients with an attention to detail that you don’t see very often these days.”
Brandon White, AttorneyExperienced DUI Lawyer
Our mission is to help keep good people out of jail by balancing the criminal justice playing field so that each of our clients has a fighting chance to achieve realistic outcomes for their legal situations.
LOOK BACK PERIOD FOR ARIZONA DUIS
A Lookback period indicates how long a conviction will stay on your record. In Arizona, the Lookback period for a DUI is seven years. This means that if you are convicted of a 2nd DUI in Arizona within seven years of your first conviction, you will receive the higher penalties of a second DUI conviction. If your second DUI is more than seven years after your first conviction, you are no longer in the seven-year lookback period, and it would be viewed as a first-time conviction and, as such, carry the lower penalties.
DUI VS DWI
Some states use the term Driving While Intoxicated or DWI. Arizona only uses the term Driving Under the Influence or DUI and not the term DWI. Some states differentiate between the two as different charges or may even use the terms interchangeably, but DWI is not used in Arizona.
REINSTATEMENT OF DRIVING PRIVILEGES AFTER A 2ND DUI
You may challenge an officer’s suspension of your license. It is crucial to work with an experienced attorney through this process to make sure you meet the deadlines to file the appropriate paperwork. If you either do not challenge your license suspension or the challenge is unsuccessful, you may file for a restricted driving permit. You may not receive your full license back after your suspension. In some cases, you may be able to reinstate your license online, but in other situations with multiple offenses, there may be additional processes.
Our office has experience working with individuals that have received more than one DUI. We can help navigate this process and get you the help you need. Whether you need help with court proceedings or getting your license reinstated, our office can help.
PHOENIX CRIMINAL & DUI ATTORNEY NEAR YOU
Future First Criminal Law is a top-rated Phoenix, Arizona law firm with a practice dedicated to Criminal and DUI Defense. We represent clients throughout the Phoenix-Metro area.
If you need help with a 2nd DUI in Arizona or defending any other criminal charges, you need an attorney who will fight for your rights.
Understandably, you want to get this behind you, but don’t make the mistake of defending yourself or even pleading guilty to the charges without first hiring a lawyer. A DUI conviction will have long-lasting consequences, and you need to be aware of what they will be before making any decisions. Contact us today to schedule a free consultation and to discuss your case.
 | 54+ Five-Star Google Reviews |
Allen Hsu, Attorney
“Mr. Divelbiss is a GREAT attorney, very honest and reliable. He takes his times with every client and answers all questions and concerns. It has been a pleasure working with Mr. Divelbiss and he serves his clients very well!”
Areas Served
 | 2999 N. 44th St. Suite 307, Phoenix, AZ 85018 |
| 8650 N. 35th Ave. Suite 110, Phoenix, AZ 85018 |
Areas Served
| 2999 N. 44th St. Suite 307, Phoenix, AZ 85018 |
| 8650 N. 35th Ave. Suite 110, Phoenix, AZ 85018 |
We do not handle cases outside of our listed service areas but we can refer them to our trusted colleagues who do handle those out of Maricopa County areas.
Frequently Asked Questions
What is the penalty for a second-offense DUI in Arizona?
The penalty for a 2nd DUI in Arizona will depend on the specifics of your arrest. For repeat offenders, penalties will likely include jail time, fines, license suspension, ignition interlock device requirements, probation, and community service.
How do you beat a DUI in Arizona?
Beating a DUI, particularly a 2nd or subsequent DUI, in Arizona is no easy task. Arizona is home to some of the strictest DUI laws in the country. Your best bet for beating your DUI is to work with an experienced DUI attorney who will know the best possible defenses for your particular DUI case.
Can a 2nd DUI ruin your life?
No, a DUI does not have to ruin your life – even a 2nd DUI. An experienced DUI lawyer can help fight your case and work towards getting your charges lowered or dropped altogether. With the right legal defense, you can move forward quickly after your 2nd DUI arrest.
54+ Five-Star Google Reviews
“Attorney Divelbiss is bright, hard-working, and well-versed in criminal law. His legal writing is superb, and his commitment to his clients is outstanding. He will fight for you and offer you the best defense possible. Additionally, he is a pleasure to work with. I fully endorse this lawyer.”
J.S. 54+ Five-Star Google Reviews
“I hired Zachary after I found myself charged with a felony. He put me at ease right away and during the whole process he explained each step to where I understood everything and was always available for any questions I had. ”
S.N. 54+ Five-Star Google Reviews
“Attorney Zachary is a brilliant attorney, I highly recommend his company to resolve any legal/criminal matter satisfactorily. He still continue to work on my case to tie some loose ends. He is intelligent , prompt and a problem solver. I thank him a million times to protect my dignity and reputation.”
D.G. 54+ Five-Star Google Reviews
“I have had the pleasure of working with Mr. Divelbiss in the past and know him to be a hard working professional. His attention to detail and care for his clients set him apart from the rest!”
Joshua Black, Attorney 54+ Five-Star Google Reviews
“Attorney Divelbiss is a hard worker and will advocate for his clients with an attention to detail that you don’t see very often these days.”
Brandon White, Attorney 54+ Five-Star Google Reviews
“Attorney Divelbiss is bright, hard-working, and well-versed in criminal law. His legal writing is superb, and his commitment to his clients is outstanding. He will fight for you and offer you the best defense possible. Additionally, he is a pleasure to work with. I fully endorse this lawyer.”
Josephine Hallam, Attorney 54+ Five-Star Google Reviews
“Mr. Divelbiss and I worked in the same office, although we were at different law firms. He was eager to learn and developed a reputation for honesty and zealous advocacy.”
Kristopher Califano, Attorney 54+ Five-Star Google Reviews
“Mr. Divelbiss is a GREAT attorney, very honest and reliable. He takes his times with every client and answers all questions and concerns. Is been a pleasure working with Mr. Divelbiss and he serves his clients very well!”
Allen Hsu, Attorney