What Type Of Jail Sentence Do I Face For A DUI? 

Posted On February 28, 2025 DUI,DWI by John Allen Phebus
Jail Sentence Do I Face For A DUI

The seriousness of the violation, blood alcohol content (BAC), past criminal history, and your legal defense all play a role in your DUI case. Knowing the potential consequences of Arizona’s DUI laws is essential. At The Law Offices of John Phebus, Glendale Criminal and Personal Injury Lawyer, we will assist you in learning about sentencing guidelines, and your defenses. Having a competent DUI attorney on your case will help you get the best result you can in your DUI case or trial. 

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Serving Time in Jail is a Real Possibility 

If you are found guilty of DUI in Arizona, the law requires a sentence of at least one day in jail. If you are convicted of a second DUI within 7 years of your first DUI Arizona Law can require 90 days in jail and up to 180 days in jail. Based on your blood alcohol concentration the following jail sentences are required as mandatory minimum sentences: 

  • Driving while impaired to the slightest degree, or with a BAC between .80 and .15 requires a mandatory minimum sentence of 90 days in jail. 60 of those days may be suspended, and a person may be eligible for home detention allowing the 30 days to be divided into 6 days in custody and 24 days on home detention. 
  • Having a BAC between .15 and .20 has a mandatory minimum sentence of 120 days in jail. Although none of that jail time may be suspended, a person may be eligible to serve some of that time on home detention. 
  • Having a BAC above .20 has a mandatory minimum sentence of 180 days in jail. None of that time is eligible to be suspended, but a person may be eligible to spend some of that on home detention. 

DUI sentences are based on Arizona Statutes. Having an experienced criminal defense attorney to help you understand and defend your case will help you avoid unnecessary jail time, and could prevent you from having to spend long periods of time in jail, or from having to go to jail at all. Call the Law Offices of John Phebus to get a free consultation, and speak to an experienced DWI lawyer about your specific case.

 What Are the Other Potential Consequences of a DUI?

Outside of jail sentences, fines, classes, and community service, a second DUI conviction may impact your personal and professional life in the following ways:

  • Driver’s License Revocation: A second offense will revoke your license for a year among other DUI-related suspensions.
  • Employment Challenges: Some employers terminate employees convicted of a DUI, especially in professions that require a clean driving record.
  • Stress on your finances: Besides fines, and more insurance rates, the fines and surcharges for a second time DUI are substantial. 

The consequences might affect people’s quality of life and future opportunities beyond the courts.

The Importance of a Strong Criminal Defense

Receiving a second DUI within 7 years of the first has extremely negative consequences. If the case is not handled correctly, you may miss an important defense that could result in the case being dismissed or in a substantially better plea agreement.  Having a skilled lawyer on your side is one of the most important and beneficial decisions you can make. A knowledgeable lawyer will carefully look at the details of your case and find possible defenses, such as insufficient evidence, constitutional violations, and possible errors in the breath or blood testing. A good DUI defense lawyer can use those mistakes in the State’s case to negotiate a better plea agreement or to convince the Court to dismiss the case all together. 

Chances of Going to Jail for a Second DUI Offense:

Arizona has tough laws against drunk driving. Penalties increase based on BAC and prior convictions. Second DUIs within 7 years of the first require steep fines, alcohol counseling classes, and community service. But Most importantly, second-offense DUIs require significantly more jail time. An experienced DUI lawyer will be able to present options for you and help you navigate through the laws to avoid jail all together or reduce time in jail. 

What Are Other Consequences of a Second DUI?

The most significant consequences other than jail for a second offense DUI will be a one-year license revocation and other DUI driving suspensions as a result of the arrest and possible conviction. All DUIs face a 90-day or 12-month suspension for being stopped and arrested for a DUI. A DUI lawyer can request a hearing with the MVD for your work to stop that suspension from happening. 

If you are convicted of a second time DUI within 7 years of the first conviction Arizona law requires the MVD to revoke your driving privileges for one year. This revocation is on top of the other suspensions that are triggered as a result of a DUI arrest. An experienced lawyer can help you defend your case and possibly prevent the one-year revocation. 

Get in Touch for the Support You Need

The Law Offices of John Phebus understand how overwhelming and life-changing a second DUI may be. Our skilled team has defended clients and protected their rights in Arizona for years. We can help you get less time in jail, less money in fines, or keep your license. Call us at (623) 847-7117 or visit us at 17505 N. 79th Ave 314 in Glendale. Instead of waiting, get the professional help you need to win your case immediately.

Get In Touch With Us

If you would like to discuss options on your case and how we can provide legal help, contact The Law Offices of John Phebus Glendale Criminal and Personal Injury Lawyer today and connect with one of our highly experienced Glendale criminal defense attorneys.


John Allen Phebus – Experienced Personal Injury & Criminal Defense Attorney

John Phebus is a seasoned attorney specializing in personal injury and criminal defense law. With a focus on DUI defense, vehicular crimes, and serious injury cases, John has been fiercely advocating for his clients, ensuring they receive the representation and compensation they deserve. His expertise and dedication have led to numerous successful outcomes. If you’re seeking a knowledgeable and passionate attorney who will fight for your rights, John Phebus is here to help.

Years of experience: +30 years

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, John Allen Phebus who has more than 20 years of legal experience as a practicing personal injury attorney.