At AZ DUI Pros, we know that DUI charges can be life-changing, and the consequences of repeat offenses are even more severe. Arizona has some of the toughest DUI laws in the nation, and if you are facing 3 DUIs in 7 years, the penalties are significantly harsher than a first or second offense. A third DUI within a seven-year period is considered an aggravated DUI, which is a felony under Arizona law. This means mandatory prison time, hefty fines, and the loss of your driving privileges.
If you or a loved one has been charged with 3 DUIs in 7 years, it’s critical to act fast and secure legal representation. The team at AZ DUI Pros is here to help you fight for your rights and work toward the best possible outcome in your case. Contact us today at (602) 922-3755 to schedule a consultation.
Arizona’s DUI Laws and the Consequences of 3 DUIs in 7 Years
Arizona law treats repeat DUI offenders harshly, especially those with 3 DUIs in 7 years. Under ARS §28-1383, a third DUI offense within 84 months (7 years) is classified as an aggravated DUI, which is a Class 4 felony. This designation means that if convicted, you face severe, life-altering consequences.
Penalties for 3 DUIs in 7 Years
- Mandatory Prison Time: A minimum sentence of 4 months in prison.
- Substantial Fines: Fines and fees can exceed $4,000.
- License Revocation: Your driver’s license will be revoked for at least one year.
- Ignition Interlock Device (IID): Mandatory installation of an IID upon license reinstatement.
- Probation & Community Service: Courts may impose lengthy probation periods and require community service.
- Permanent Criminal Record: A felony conviction will remain on your record, making employment, housing, and financial opportunities more difficult to obtain.
If you have 3 DUIs in 7 years, it’s crucial to understand that Arizona law does not allow for leniency. The penalties are strict, and prison time is mandatory. However, with experienced legal representation, it may be possible to negotiate for alternative sentencing options or reduced charges.
Hypothetical Scenarios
Scenario 1: A Night Out Turns Into a Felony Charge
Jessica, a 29-year-old Tucson resident, had two prior DUI convictions—one six years ago and another four years ago. After a stressful week at work, she went out with friends to celebrate a promotion. Although she planned to take a rideshare home, she changed her mind at the last minute and decided to drive instead. On her way home, she was pulled over for failing to signal while changing lanes. The officer detected alcohol on her breath and conducted field sobriety tests, which she failed. She was arrested and charged with her third DUI in 7 years under ARS §28-1383.
Jessica’s BAC was well above the legal limit of 0.08%, making her case more severe. At her court hearing, the prosecution presented her previous DUI history as evidence that she had not learned from her prior convictions. Because Arizona law mandates prison time for 3 DUIs in 7 years, Jessica was sentenced to 4 months in prison, $4,000 in fines, and a one-year driver’s license revocation.
In addition to legal penalties, Jessica’s felony conviction impacted her ability to secure employment in her field, and she struggled to rebuild her life after her release. Had she contacted AZ DUI Pros immediately after her arrest, she might have been able to explore legal strategies to reduce her charges or negotiate alternative sentencing.
Scenario 2: A Holiday Weekend Leads to Devastating Consequences
Michael, a 40-year-old father of two, had previously been arrested for DUIs in 2018 and 2021. In 2024, he attended a holiday barbecue with friends and family. While he only intended to have one drink, he ended up consuming several beers over the course of the afternoon. Thinking he was still capable of driving, he got behind the wheel and headed home.
On his way, Michael was pulled over for running a red light. The officer conducted a breathalyzer test, which revealed his BAC was 0.12%, well above the legal limit. Because this was his third DUI in 7 years, he was arrested and charged with aggravated DUI under ARS §28-1383.
At trial, Michael’s previous DUI convictions were used against him. Despite his attempts to explain that he did not realize how impaired he was, the judge emphasized that Arizona law requires mandatory prison time for 3 DUIs in 7 years. Michael was sentenced to 4 months in prison, a one-year driver’s license revocation, and thousands of dollars in fines. His felony record made it difficult for him to find stable employment, and his family struggled to cope with the financial and emotional strain of his conviction.
How Prior DUI Convictions Are Proven in Court
When facing charges for 3 DUIs in 7 years, the prosecution must prove your previous DUI convictions to elevate the current charge to an aggravated DUI under ARS §28-1383. Establishing this history is critical for the case to proceed as a felony offense. The prosecution uses several methods to demonstrate that you have been convicted of DUIs in the past, and each piece of evidence must hold up to legal scrutiny.
1. Court Records and Certified Documents
To prove that you’ve committed 3 DUIs in 7 years, prosecutors rely on certified court records from previous cases. These documents typically include:
- Judgments of conviction: These confirm that you were convicted of DUI-related offenses.
- Sentencing orders: Sentencing details show the penalties imposed for the previous DUIs.
The prosecution must present these records in a verifiable and certified format to ensure their admissibility. If any errors or inconsistencies exist, your attorney can challenge their reliability.
2. Driving Records from the DMV
Your driving history from the Arizona Department of Transportation (ADOT) is another critical piece of evidence. This record provides a timeline of DUI-related incidents, which helps establish that the current charge is your third DUI in 7 years. Prosecutors may highlight the following from your DMV record:
- License suspensions or revocations tied to DUI convictions.
- Ignition interlock device requirements from prior offenses.
- Citations or arrests involving impaired driving.
3. Testimony from Officers or Court Officials
Prosecutors may also call on witnesses, such as the arresting officers or court personnel from your previous DUI cases. Their testimony can corroborate records and provide firsthand accounts of your prior DUI convictions, reinforcing the argument that this is your third DUI in 7 years.
4. Plea Agreements and Admissions of Guilt
If you entered guilty or no-contest pleas in previous DUI cases, these admissions may also be used as evidence. Plea agreements are often included in the prosecution’s case to establish the validity of prior convictions.
Defenses Against Prior Convictions
The prosecution’s case depends on proving that you’ve committed 3 DUIs in 7 years. However, there are ways to challenge the evidence:
- Errors in documentation: Incomplete or uncertified records may not be admissible.
- Inaccurate driving records: Mistakes in your DMV record, such as incorrect dates or charges, can be contested.
- Constitutional violations: If previous convictions involved unlawful stops, faulty BAC tests, or improper procedures, they could be excluded from consideration.
Why This Matters for Your Defense
If the prosecution cannot prove that you’ve committed 3 DUIs in 7 years, they may not be able to elevate the charge to a felony under ARS §28-1383. This could significantly reduce the penalties you face. A strong defense focuses on carefully reviewing the evidence for errors, inconsistencies, or violations of your rights.
At AZ DUI Pros, we specialize in defending clients against 3 DUIs in 7 years charges. Our team will meticulously analyze the evidence to challenge any weaknesses in the prosecution’s case. Call us today at (602) 922-3755 to protect your rights and explore your legal options.
FAQs About 3 DUIs in 7 Years
Q1: Will I go to jail for 3 DUIs in 7 years?
A1: Yes. Arizona law mandates a minimum 4-month prison sentence for a third DUI within 7 years.Q2: Can I get my felony DUI reduced to a misdemeanor?
A2: While rare, a skilled attorney may be able to negotiate a plea deal that reduces the charge, depending on the circumstances of your case.Q3: Can I avoid prison if I complete alcohol treatment?
A3: No, Arizona law requires prison time for a third DUI offense. However, treatment programs may help with probation terms after release.Q4: How long does a felony DUI stay on my record?
A4: A felony DUI conviction remains on your criminal record permanently in Arizona.Q5: Should I hire a lawyer if I’m facing 3 DUIs in 7 years?
A5: Absolutely. A lawyer can examine your case, challenge the evidence, and work to achieve the best possible outcome.
Relevant ARS Statutes
- ARS §28-1383 – Defines an aggravated DUI as a felony when a third DUI occurs within 7 years.
- ARS §28-1381 – Covers DUI definitions, including impairment levels and BAC limits.
- ARS §28-1382 – Details penalties for Extreme DUIs (BAC of 0.15% or higher).
What to Do Next – Call AZ DUI Pros Today
Being charged with 3 DUIs in 7 years can feel overwhelming, but you don’t have to face it alone. Arizona’s DUI laws are harsh, and without strong legal representation, you could be facing life-changing consequences, including prison time, loss of your driver’s license, and a felony record.
At AZ DUI Pros, we are dedicated to defending individuals facing DUI charges. Our legal team understands the complexities of Arizona’s DUI laws and will fight aggressively to protect your rights. We will explore every possible defense strategy, negotiate with prosecutors, and work toward the best possible resolution for your case.
If you or someone you love has been arrested for 3 DUIs in 7 years, don’t wait until it’s too late. Call AZ DUI Pros today at (602) 922-3755 for a free consultation. The sooner you act, the better your chances of achieving a favorable outcome. Let us help you take control of your future.
