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July 22, 2019
Posted on Author By dmcantor Categories Blog

Third Offense Extreme DUI Penalties Arizona

An extreme DUI is any time when your blood alcohol content is .150+ to .199. A third offense means you have two prior DUI convictions within the previous seven years, and those other DUIs do not have to be extreme DUIs; they can be any DUI conviction within the past seven years.

Looking for the penalties for 1st Offense Extreme Misdemeanor or 2nd Offense Extreme Misdemeanor?

Watch as David Cantor explains the punishments for a 3rd Offense Extreme DUI in Arizona:

Technically, if you get your third DUI in seven years of any type it can be charged as a felony, or an aggravated DUI. The consequences can mean four months in prison as well as many other consequences. Occasionally, cities will charge you with a misdemeanor DUI and keep it in the city court system. If they do keep it in the city system, then the standard offer will be six months in jail (not prison), which allows you to obtain a work release for 12 hours, six days a week. The city may keep it in their misdemeanor jurisdiction because there is a proof problem with one or both of your previous DUIs. For example, there may be an out-of-state prior, and many times there are no fingerprints taken at the time you plea; there may be no attorney waiver in the file; or there may be no guilty plea proceeding form on the record. That means in order to prove the prior many times they would have to fly someone in from out of state, to make the prior admissible. That’s why it is important to get an attorney who knows how to challenge and attack prior convictions.

If you are convicted of a third offense misdemeanor extreme DUI, you will be sentenced to 180 days in jail, and the jail time will cost you $18,500. The fines associated with a 3rd Offense Extreme DUI will be approximately $3,700. Just the fine and jail costs alone will be more than $20,000. There are other repercussions as well – your commercial driver’s license will be gone. If you are a healthcare provider, legal professional, real estate agent, hold an SEC license, or work with the government or military, you will probably be suspended or fired depending upon your occupation. You will also have to attend 36 substance abuse classes ($1,00), install an ignition interlock device for at least two years ($3,000), and have your license suspended for at least one year.

If you choose to drive once you get your license back, your car insurance will go up $3,000 per year for the next three years ($9,000) and you’ll have to maintain an SR-22 policy on your car as well which is $500 per year for three years ($1,500). Go to our website at DMCantor.com and visit the Victory section – you’ll see how many extreme DUIs and second- and third-offense extreme DUIs we have beaten. Many times we are able to eliminate the prior DUIs, and then the 3rd Offense Extreme DUI charge can be reduced to a first offense. That drops the jail term from 180 days to 30. If reduced to a first offense regular DUI, then this also means one day in jail which will drop the costs from over $22,000 to just $4,100.

Let’s review the punishment for a 3rd Offense Extreme DUI in Arizona:

  • 180 days in prison, with no work release available
  • $18,500 In Jail Costs
  • $3,000 in Fines
  • $1,500 for SR-22 Policy for three years
  • $3,000 annual insurance increase for the next three years
  • License suspension for at least one year

It’s important to hire a DUI defense attorney who knows what he is doing. Visit DMCantor.com and you can see our qualifications Please fill out a contact form to set-up a free initial office consultation. You can also call us (602) 307-0808 to schedule an appointment. If this applies to you, a loved one or a family member, give us a call – we would love to help you out.

September 26, 2013
Posted on Author By dmcantor Categories Blog

Third Offense Felony Aggravated DUI Penalties

Watch as David Cantor explains a 3rd Offense Felony Aggravated DUI in Arizona:

A third offense felony Aggravated DUI in Arizona is a DUI in which an individual has any two prior allegable felony convictions. These priors do not necessarily have to be Aggravated DUI charges, but they can be any prior felony convictions. For example, if an individual has two prior felonies for possession of marijuana and theft, the DUI is considered a third offense felony Aggravated DUI. Even if the individual did not complete any jail or prison time on the two priors, the new Aggravated DUI will result in severe punishments.

When convicted of a third offense felony Aggravated DUI in Arizona, the individual will be required to complete a mandatory minimum of six years in PRISON. However, the prison time can reach a maximum of 15 years, with a presumptive prison term of 10 years. As a result of the prison term, individuals will most likely lose their mortgage and home, and their license will be lost for years. The standard offer by the state of Arizona is six years in prison. However, if the prior felonies are found to be lacking information such as a missing fingerprint, paperwork (particularly from out of state priors) or an attorney-client waiver form, the sentence can be significantly reduced. For example, rather than serving six to fifteen years on a third offense, the individual might then only serve four months in prison on the basis of a first offense Aggravated DUI.

There is no reason to sugar coat the punishment, a 3rd offense felony Aggravated DUI charge is very, very serious. The presumptive PRISON sentence is 10 years, how does that sound? As stated above, if you have previous DUI charges, we might be able to help you get those thrown out so they don’t count, thus making the current charge less than a 3rd offense felony Aggravated DUI. What is your future worth to you?

 

For a Free Case Consultation, please call our offices at (602) 307-0808 to schedule an appointment. Our offices are available 24 hours a day by phone or by email.

August 30, 2013
Posted on Author By dmcantor Categories Blog

Third Offense Regular Misdemeanor DUI Penalties in Arizona

A third offense regular driving under the influence (DUI) charge in Arizona is any DUI where the blood alcohol level is .149 or less (or DUI drugs) and it is the third offense within seven years. The term is actually a misnomer because technically, a third offense in seven years is charged as a first offense felony (an aggravated DUI) in which the mandatory minimum punishment is four months in prison. Sometimes, the city prosecutor will decide not to charge the crime of third offense DUI as a felony, but rather as a misdemeanor. If the prosecutor alleges the two prior convictions, they will want 180 days of jail time on the third conviction.

Are you looking for the penalties for a 1st Offense Misdemeanor DUI or 2nd Offense Misdemeanor DUI?

Watch this short video on the 3rd Offense DUI Penalties in Arizona:

Typically, the jail time can be work release (12 hours in jail per day, 12 hours out per day) for six days a week as the individual goes to work. The problem with this is that the jail costs will run up to $18,500 for 180 days, plus a $3,500 fine! In addition, the individual will lose their license for well over a year and be required to have an ignition interlock device on their vehicle for over a year (at a cost of $1,500)!

The reason the city court will charge the DUI as a third offense rather than routing it to the Maricopa County Attorney’s Office for a felony DUI charge is because there is usually a proof problem or an issue with one of the prior DUI convictions. For example, if an individual has a DUI in Arizona and one in another state, the Arizona court does not know if they can get an accurate prior conviction packet from the other state.

Additionally, if the judge in the prior DUI case didn’t properly read the guilty plea proceeding advisement, or the individual wasn’t told they could have an attorney which was waived in writing, there can be some serious flaws in the case. The city court would then have to fly someone from the other state in order to testify that a defendant has a valid prior conviction. As you can see, the whole process of including prior DUI convictions can become problematic for a city court. Therefore, a prosecutor will try to charge it to a third offense DUI to see if they can get someone to plead guilty and serve 180 days in jail.

If you or someone you know has a third DUI arrest you need to call our offices immediately. Our team is highly experienced and can assist you in obtaining the best possible outcome for your case. To get a Free Case Consultation, please call or email our offices. We are available 24 hours a day at (602) 307-0808.

Please take a few minutes to look over our Arizona DUI Case victories.

Here are links to other misdemeanor DUI charges in Arizona: 1st Offense Misdemeanor DUI, 2nd Offense Misdemeanor DUI.

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