DUI with Prior Convictions Attorneys in Tucson
Arizona MVD & DUI Court Representation
Nesci & St. Louis is an experienced DUI defense firm in Tucson. Our lawyers have over 40 years of combined experience implementing effective defenses in challenging DUI cases for clients with multiple DUI convictions and those with DUI arrests while driving on a suspended license.
Penalties for Driving Under the Influence without a valid license
A charge of DUI while driving on a suspended license is elevated to a Class Four felony DUI. A conviction for this aggravated DUI results in a mandatory minimum prison term of at least four months, followed by supervised probation. In some circumstances, judges hand down sentences of up to two and one-half years for this offense. Those sentences do not permit the defendant to be placed in a work release program, and must be served in the state prison instead of the county jail.
If you were arrested in Pima County or anywhere else in Arizona for DUI while driving on a license that has been restricted, suspended, canceled, revoked or refused, and your matter cannot be resolved pretrial, our attorneys can usually prevent the jury from hearing that the license was suspended due to a prior DUI.
Minimum Jail Sentences for Second DUI within Seven Years
A second DUI within seven years results in a mandatory minimum jail term, depending on your BAC:
- BAC above .08 but below .15 — 30 days minimum incarceration with a maximum term of up to six months (If home detention is available, the driver may do 6 days in jail and 24 days of home detention).
- BAC between .15 and .20 — 120 days minimum incarceration with a maximum term of up to six months (If home detention is available, the driver may do 24 days in jail and 96 days of home detention).
- BAC at .20 or above — 180 days minimum incarceration with a maximum term of up to six months (If home detention is available, the driver may do 36 days in jail and 144 days of home detention).
Driver License Revocation for Multiple DUIs
A second DUI conviction within seven years of your first offense requires a minimum one-year driver license revocation (or, at best, a 90 day license suspension, with the driver receiving a restricted driver’s license for the remainder of the year). More serious than a suspension, revocation requires you to fill out a packet and fulfill a number of requirements to reapply for your license, to seek to become a valid driver in Arizona once again. Nesci & St. Louis strategically represents you in Arizona Motor Vehicle Division (MVD) licensing matters, in addition to representing you in regard to your criminal DUI charges.
You Need Aggressive Defense for an Aggravated DUI Charge
Not only are the maximum penalties higher for incurring three DUIs within seven years, but the evidentiary standards are significantly harsher than they are in regard to a misdemeanor trial. In a misdemeanor trial, you are protected from the prejudice of having a jury hear that you have previously been convicted of a DUI offense. However, in the case of an aggravated DUI charge based on multiple previous convictions, the state is allowed to inform the jury that you are charged with a felony because you have two prior DUI convictions, because this evidence is an element of the crime charged.
Once the jury hears about your prior DUI charges and convictions, your trial becomes difficult to win — making our focus on fighting your case through pretrial motions vitally important to a successful outcome.
Consult our defense firm if you have been charged with a second DUI or a DUI on a suspended license. Call Nesci & St. Louis today at (520) 999-2441 or contact us online to schedule your free initial consultation.
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