Penalties for a Second Offense DUI, Non-Extreme
A person convicted of a second offense DUI within 84 months of the first, or a first-offense DUI and has previously been convicted in another state for a first-offense DUI/DWI that is similar to Arizona law, is guilty of a Class 1 misdemeanor.
The dates of commission of the offenses are the dispositive dates in determining the 84-month period.
A second-time offender is subject to the same sanctions as a first-time offender regarding an alcohol screening, counseling, education, treatment and payment.
The statute requires the court to sentence a second-time offender to serve not less than 90 days in jail.
The court may suspend all but 30 days of the sentence if the person completes a court-ordered alcohol screening, counseling, education and treatment program.
If the person fails to follow through with counseling, education or treatment, the court will issue an order compelling the person to show cause why the remaining 60 days should not be served.
30 days must be served consecutively unless the sentence includes a provision for work release, which is discussed below.
Then the requirement is reduced to 48 consecutive hours followed by release for work purposes.
The statute requires a fine of not less than $800 plus surcharges, administrative fees and court costs.
The court may also order community service, the MADD Victim Impact Panel and supervised probation.