ARS 28-1383 (A)(2) Prior DUI Convictions

ARS 28-1383 (A)(2) specifically addresses instances involving prior DUI convictions. 


This page will discuss all that you need to know about being charged with ARS 28-1383 (A)(2) in Arizona, including a breakdown of the Penalties, Fees and DUI defenses to help get your charges reduced or even dismissed!


Continue reading below. If you have any questions, contact DUI attorney Arja Shah today.


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Arizona DUI Defense From The Shah Law Firm

Being charged with multiple DUI charges under ARS 28-1383 (A)(2) can be daunting.

In this comprehensive look into ARS 28-1383 (A)(2), we’ll discuss the following:

It is essential to remember that being charged is not the same as being convicted. Solid legal representation can help protect your rights, challenge evidence, and navigate the complexities of the legal system.

The Shah Law Firm’s experienced DUI defense attorneys are here to help you.




What Does ARS 28-1383 (A)(2) Say About Prior DUI Convictions in Arizona?

ARS 28-1383 (A)(2) of the Arizona Revised Statutes is a part of the legal framework governing the state’s DUI offenses.

This specific provision applies to drivers who, within 84 months (or seven years), commit a third or subsequent violation of the state’s DUI laws.

As per the statute, a person could be in violation if they drive or are in actual physical control of a vehicle and are under the influence of intoxicating liquor, any drug, or a vapor-releasing substance containing a toxic substance if impaired to the slightest degree.

A third violation within this timeframe is classified as a class 4 felony, highlighting the seriousness with which Arizona treats repeated DUI offenses.

Being familiar with the state’s DUI laws is imperative whether you’re a resident or a visitor. However, deciphering the legalese of these laws can be challenging.

In such cases, an experienced DUI defense lawyer from The Shah Law Firm can offer invaluable help, walking you through the labyrinth of laws and building a solid defense strategy.

How is a Prior DUI Conviction Defined Under Arizona Law?

In Arizona, a prior DUI conviction refers to any instance where an individual has been found guilty of driving while intoxicated.

These previous convictions factor heavily when sentencing for subsequent DUI offenses, especially under ARS 28-1383 (A)(2).

The law does not discriminate between degrees of DUI charges for this purpose; whether your prior conviction was for a regular DUI, extreme DUI, or super extreme DUI, they all count as prior convictions and will be factored into your sentencing for a new offense.

With a prior DUI conviction, the stakes rise substantially if you face another DUI charge.

Here is where a DUI defense lawyer from The Shah Law Firm can prove essential. Our team can help you understand the implications of a prior conviction, devise a defense strategy, and work to mitigate the potential consequences of your case.

What is the Look-back Period for DUI Convictions in Arizona?

The look-back period refers to when a prior DUI conviction will impact a new DUI charge.

This period is seven years in Arizona, as set out in ARS 28-1383 (A)(2).

Any DUI convictions that occurred more than seven years before the new offense won’t count as priors for sentencing under this statute.

However, it’s worth noting that this doesn’t mean a prior DUI disappears from your record after seven years.

It remains on your criminal record and can influence insurance rates and employment opportunities.

Thus, even though a DUI conviction from eight years ago won’t increase your sentencing under ARS 28-1383 (A)(2), it can still have long-term impacts on your life.

How do Prior DUI Convictions Impact Sentencing Under ARS 28-1383 (A)(2)?

Prior DUI convictions carry significant weight under Arizona law. ARS 28-1383 (A)(2) is designed to discourage repeat offenses by ramping up the penalties for each subsequent conviction.

If you have been found guilty of a third DUI offense within seven years, it’s considered a class 4 felony.

This classification carries significant penalties, including substantial fines, mandatory prison time, driver’s license revocation, mandatory counseling, and the requirement of an ignition interlock device once driving privileges are reinstated.

Can Prior DUI Convictions from Other States Impact Your Case in Arizona?

Yes, prior DUI convictions from other states can and do impact your case in Arizona.

Under ARS 28-1383 (A)(2), a ‘conviction’ includes a guilty verdict following a trial, a guilty plea, or a plea of no contest, irrespective of the state where such a verdict or plea occurred.

Arizona recognizes out-of-state DUI convictions as prior offenses.

Thus, they count toward your total number of DUI convictions and can escalate the penalties for a new DUI charge.

If you have a DUI conviction in another state within the seven-year look-back period, it can be used against you in an Arizona court.

What are the Probation Terms for Repeat DUI Offenders in Arizona?

In Arizona, DUI offenses carry mandatory prison time, even for first-time offenders.

The severity of this punishment intensifies with each subsequent DUI conviction, especially under ARS 28-1383 (A)(2), which deals with third and subsequent offenses within seven years.

Following the mandatory prison sentence, probation terms come into play.

These probation terms can last several years and come with various conditions.

Violating any of these conditions can result in additional penalties or extended probation.

Typical probation conditions may include regular check-ins with a probation officer, participation in alcohol or drug counseling programs, community service, and installation of an ignition interlock device.

Remember, probation is not a ‘get out of jail free’ card; it is a part of your sentence.

The Shah Law Firm’s DUI defense lawyers can help you understand your probation terms and assist in formulating a plan to ensure compliance, thereby preventing additional legal complications.

How Might Prior DUI Convictions Influence a Jury in an Arizona DUI Case?

Prior DUI convictions can create a particular perception about an individual in the eyes of a jury.

While each case is supposed to be judged on its own merits, human nature can allow past convictions to cloud judgment and make impartiality challenging.

In Arizona, a jury will typically be informed of prior DUI convictions if the defendant faces charges under ARS 28-1383 (A)(2).

This information can potentially sway jurors, as they may view the defendant as a habitual offender, regardless of the unique circumstances of the current case.

Having a skilled DUI defense lawyer at your side can make it even more crucial.

Top 5 FAQs About ARS 28-1383 (A)(2)

Below are the most common questions when a person has been arrested and charged with a DUI when they have prior DUI convictions. 

Is a DUI conviction from ten years ago considered a prior conviction under ARS 28-1383 (A)(2)?

No, ARS 28-1383 (A)(2) has a look-back period of seven years. Therefore, a DUI conviction that occurred more than seven years before a new offense is not considered a prior conviction for sentencing purposes under this statute.

If I have two prior DUI convictions from another state, will they count towards a third DUI charge in Arizona under ARS 28-1383 (A)(2)?

Yes, ARS 28-1383 (A)(2) counts DUI convictions from other states as prior convictions. Hence, if you face a DUI charge in Arizona, the previous convictions will escalate your charge to a Class 4 felony if they occurred within the last seven years.

Does a prior DUI conviction affect my eligibility for a plea deal in an ARS 28-1383 (A)(2) case?

Yes, having a prior DUI conviction can influence the plea deal offered by the prosecution. Prosecutors may be less inclined to offer lenient plea deals to repeat offenders. However, a skilled attorney from The Shah Law Firm could help negotiate better terms.

Are the fines for a third DUI offense under ARS 28-1383 (A)(2) standardized, or can they vary?

While ARS 28-1383 (A)(2) sets minimum mandatory fines for a third DUI offense, the total financial penalty can vary. Additional factors such as court fees, assessments, and the cost of mandatory counseling or an ignition interlock device can increase the overall financial impact.

If I'm on probation for a previous DUI conviction and get charged with another DUI, will this impact my case under ARS 28-1383 (A)(2)?

Yes, being on probation for a prior DUI and then getting charged with another DUI will likely result in more severe consequences under ARS 28-1383 (A)(2). The court could potentially see you as a repeat offender and impose stricter penalties.

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