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Third or subsequent DUI in 7 years (one type of Felony DUI)

Under A.R.S. § 28-1382 if a person “within a period of eighty four months commits a third or subsequent violation of A.R.S. 28-1381, section 28-1382 or this section or is convicted of a violation of section 28-1381, section 28-1382 or this section and has been previously convicted of any combination of convictions of Section 28-1381, section 28-1382 or this section or acts in another jurisdiction that if committed in this state would be a violation of section 28-1381, section 28-1382 or this section.

It is important to point out that for purposes of calculating the 84 month or 7 year  span it is calculated differently than when one is charged with a second dui in 84 months. When it is a third DUI and is it is charged as a felony, the time the defendant was in absconder status while on probation or the time the person is incarcerated in any state, federal, county or city jail or correctional facility is excluded when determining the eighty four month period provided in the subsection A, paragraph 2 and subsection E of §28-1383.

This means that the actual DUI driving offenses could more than 7 years apart if your case fits the above mentioned criteria. The time in absconder status while on probation or jail time would toll or stop the clock from running for that period of time. You could have a situation where where you were arrested 8 or more years apart and still fit within the felony stautue. Be careful!

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