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I’m Andrew Long, criminal defense attorney and founder of Rising Phoenix Law Group. I recently received a very good question asking about how long prior DUIs are relevant for sentencing in Arizona. This is a very good question, and I’m going to get into that in detail, but I want to add this caveat.Prior DUIs are going to be relevant for your case if they are located by the state relevant. In ways of the state being aware of that conviction and it may affect negotiations and the result that your attorney is able to negotiate for you. However, as two sentencing, there are some very clear cut answers to this question.
Prior DUIs will affect your sentencing under the law. If you have prior DUIs within the past 84 months or seven. In fact, with prior DUIs in Arizona, within 84 months, you could be looking at a felony offense in a much higher sentencing for even a second time DUI in Arizona, if you are convicted of a second time DUI within the period of 84.
You are looking at much more severe consequences than a first time DUI. Under the statute, you will be looking at a minimum of 90 days in jail under the law if you are convicted of a second time, DUI, as opposed to, for example, a first time DUI, where the minimums are for a slightly impaired DUI, 10 days and nine days.
One day for the defendant to serve Second time dui, as you can tell, much more serious when it comes to sentencing, but what is much more serious is a third time DUI within 84 months. This is an aggravated DUI and that’s a felony. This offense also requires a minimum if you are convicted of an aggravated DUI of four months in the departments of Corrections.
As you can tell, the state of Arizona takes repetitive DUIs very seriously. So as to the question as to how long DUIs on previous occasion, Are relevant under Arizona criminal sentencing. The answer is 84 months. However, one thing that I’ve actually seen some attorneys mess up is the calculation of this 84 months under the law.
It is actually 84 months from the time that the offense was committed, not the time you were sentenced. This is very important for your attorney to recognize because it can make or. The difference in calculating that 84 months and either avoiding or addressing the consequences thereof that I just went over.
As you can tell, criminal law can be pretty complex and there are lots of pitfalls. It’s why it’s important to have a knowledgeable and experienced criminal defense attorney to answer your questions and defend your case, whether it’s dui, felony or otherwise. Please reach out if you have any question.