Earlier this week, I appeared on Fox News Now with Samia Khan to discuss former Philadelphia Eagles quarterback Donovan McNabb getting his second offense DUI arrest in Gilbert after Mr. McNabb rear ended another vehicle at the intersection of Higley and Chandler Heights. Mr. McNabb was previously convicted of a DUI in Gilbert in 2014. In this interview I discuss second offense DUIs.
What is a Second Offense DUI?
Arizona law looks at DUI convictions from the date of offense and looks back eighty-four months (7 years). A DUI is a second offense if the date of offense is within 7 years of the previous DUI offense that resulted in a conviction.
In Mr. McNabb’s case, he was first arrested for DUI on December 15, 2013. Mr. McNabb’s second alleged incident occurred on June 28, 2015. Because the dates of offense are less than 20 months apart, and much less than the 84 month requirement, Mr. McNabb will be subject to much more severe penalties.
How Much Jail Time is Required for a Second Offense DUI?
The jail time for a second offense DUI varies depending on the alcohol concentration.
If a person tests at or over over 0.08%, but is under 0.15%, then the mandatory minimum jail sentence for a second offense DUI is 30 days in jail, with an additional 60 days of jail suspended.
If a person tests at or over 0.15%, but is under 0.20% then the mandatory minimum jail sentence for a second offense DUI is 60 days in jail, with an additional 60 days of jail suspended.
If a person test at or over 0.20%, then the mandatory minimum jail sentence for a second offense DUI is 180 days in jail.
How Long Will I Lose My License for a Second Offense DUI?
A person convicted of a second offense DUI will have their driver’s license revoked for a minimum of one year. At the end of that year, the revocation does not automatically end; the person is required to submit a reinstatement packet and be evaluated by a substance abuse counselor.
After the person’s license is reinstated, they will be required to have an Ignition Interlock Device installed on any vehicle they operate for one year for a regular or Extreme second offense DUI, and two years for a Super Extreme second offense DUI.
Are There Any Exceptions to the Revocation for a Second Offense DUI?
There are no exceptions for the revocation. The law does not have special provision for people that will suffer a hardship or lose their job if their driving privilege is revoked, but the law does allow some people to obtain driving privileges during the revocation period.
A person who is convicted of a second offense DUI involving alcohol may apply for a Special Ignition Interlock Restricted Driver’s License (SIIRDL) 45 days into their revocation period. If they are accepted, they will be required to install an Ignition Interlock Device in any vehicle they drive and will be limited to driving to and from work, or to and from school.
A person convicted of a second offense DUI involving drugs or medication is not eligible for a SIIRDL.
What Should I Do If I Am Arrested for a Second Offense DUI?
Don’t admit to anything and refuse all tests. Be polite and don’t fight or argue with the police officer.
Gilbert DUI Attorney
Gilbert Municipal Court is a court that I regularly practice in as a Gilbert DUI lawyer. I am familiar with the judges, the prosecutors, and the Gilbert Police Department. If you are charged with a second offense DUI in the Gilbert Municipal Court, I can help you. The penalties for a second offense Gilbert DUI are severe and you cannot afford to not have an experienced attorney on your side.
Second Offense DUI Links
- Special Ignition Interlock Restricted Driver’s License
- What are the Arizona DUI offenses and penalties?
- What are the possible DUI license suspensions?
- What happens during a DUI arrest?
- What happens in court for a misdemeanor DUI?
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