Interviewer: Is there a look back period, if someone had a DUI from over 20 years ago, would they treat the next DUI like a first DUI?
Michael Munoz: Yes, Arizona essentially has a 7 year rule that says if you get a second DUI within 7 years of another one, then that DUI within 7 years will be considered a second. Once that 7 year period is up, then if you were to get another DUI, legally it has to be treated in the eyes of law as a first time DUI. A judge is allowed to consider criminal history, prior criminal history and any type of sentencing, but in terms of where that case fits in the sentencing rule, it is going to be considered a first time DUI because it is past 7 years. So a 20 year old DUI like you asked about cannot be used as a prior DUI for the 7 year purpose, it can only be used for argument later at maybe a sentencing.
There is No Equivalent For an Ignition Interlock Device in a Drug Related DUI
Interviewer: What would be the equivalent of an ignition interlock device that a judge may impose on someone or have someone use, are there any mandatory penalties similar to someone having to use a ignition interlock device?
Michael Munoz: If you are convicted of a drug DUI, you don’t necessarily have to get an interlock device if you or your attorney explains to the court and if you are screened by an alcohol screening provider, if they say that alcohol classes are not necessary, drug classes are necessary, and you can tell that to a judge. A judge can grant the fact that on a drug DUI, you may not have to get an interlock device. That is a possibility but it is not guaranteed, so it’s possible if you get a drug DUI, you not have the interlock device.
There are Mandatory Drug Classes to Attend for a Drug Related DUI Charge
If that’s the case, then you would have to do your drug classes and your license would be suspended for a year and then you could reinstate. If you get convicted of an alcohol DUI, then you are always going to have an interlock by law. But there is no drug equivalent to an interlock device if that answers your question, and there is no condition that they would impose. Well, it’s a year for a first time regular alcohol DUI. That can be reduced to 6 months. For an extreme DUI, it’s a full year and for a super extreme, over a 0.20 alcohol, it is a year and a half, it is 18 months.
People Charged With Both an Alcohol and Drug Related DUI Charge at the Same Time
Interviewer: Have you seen clients that have got both a drug and alcohol DUI at the same time? What’s going to happen in that kind of situation?
Michael Munoz: Yes, I’ve seen them both charged at the same time. I have, yes. What’s going to happen is that they are going to charge depending on the blood alcohol level, in terms of the alcohol, they are going to charge the appropriate charge for that, so it’s either going to be a DUI or one of the extremes. And then if they did a blood test, then it could show alcohol and it also could show drugs in the system. If it does show drugs in the system, the prosecutor’s office usually adds the drug charge so now you are facing the alcohol and the drug DUI.
If A Person Goes to Trial on Both these Charges and is Convicted then He Faces Penalties Associated with Both the Charges as Well
There are lots of different ways to handle it. If a person decided they want to resolve it before trial, then usually, the way that it is handled is to avoid the license suspension of the drug DUI, you would want to get that dismissed and then resolve it possibly with the alcohol DUI, however that’s going to resolve. If you go to trial, you go to trial on all of it and there is a risk that you could be convicted of both so you could get the penalties of the alcohol but also the suspension of the drug DUI as well.