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The statute requires the court to sentence a second-time offender to serve not less than 90 days in jail. The dates of commission of the offenses are the dispositive dates in determining the 84-month period.Ī second-time offender is subject to the same sanctions as a first-time offender regarding an alcohol screening, counseling, education, treatment and payment. Penalties for a Second Offense DUI, Non-ExtremeĪ 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.
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If a driver refuses to submit to a chemical test and none is performed, he/she will only be charged with driving under the influence (assuming the officer has enough evidence to establish probable cause for the arrest).Ī person charged and convicted of one or all of the aforementioned is guilty of a Class 1 misdemeanor DUI. 15 or more, he/she will be charged with three offenses. If a driver submits to a chemical test which results in an alcohol concentration of. 08 or more, he/she will be charged with two offenses. Usually, if a driver submits to a chemical test, which results in an alcohol concentration of. 20 or more within two hours of driving.Ī driver can be charged with one or all of the above listed offenses. 15 or more within two hours of driving.įourth, it is unlawful to drive or be in actual physical control of a motor vehicle with a BAC of. Third, it is unlawful to drive or be in actual physical control of a motor vehicle with a BAC of. Second, it is unlawful to drive or be in actual physical control of a motor vehicle with a BAC (blood alcohol concentration) of. There are four (4) different classifications of drinking and driving offenses.įirst, it is unlawful to drive or be in actual physical control of a motor vehicle while under the influence of intoxicating liquor, drug, vapor or any combination thereof. The lawyer you choose may be the difference between going to jail or not.
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When you have been arrested for driving while under the influence of alcohol (DUI), you need a lawyer who will fight for you and knows how to get results with your Misdemeanor DUI. Personal Injury Lawyers Near Me Tucson Az.Sean Thrush: Family Law Attorney Tucson.