Aggravated DUI

Driving under the influence is normally a misdemeanor offense. However, under Arizona DUI law, certain aggravating factors push it up to a serious felony crime:

  • A third DUI within seven years
  • DUI with a passenger under 15 years old
  • DUI while driving on a suspended/revoked license
  • Personal injury or property damage while driving drunk

Conviction for aggravated DUI carries mandatory minimum prison time. Before you make any statements to authorities or submit to any tests, it is critical to get legal advice from an experienced criminal defense lawyer.

Will Your DUI Be Charged as a Felony?
The Rosenstein Law Group provides a free initial consultation, and we are available 24/7, serving clients in Scottsdale, Mesa, Tempe, Phoenix, and all of Maricopa, Pinal and Pima counties. Call 480-248-7666 now.

Potential Penalties for Aggravated DUI

Your DUI becomes a Class 4 felony if (a) you caused an accident, (b) were driving without a license or (c) have two previous convictions for driving while intoxicated. Punishments include:

  • A presumptive sentence of 1.75 years in prison
  • Forfeiture of your vehicle
  • Staggering fines (by law, up to $150,000)
  • Probation for 10 years
  • Three-year license revocation
  • Ignition interlock for up to 10 years once reinstated

If there was a child under 15 in your vehicle at the time of your aggravated DUI arrest, it is a Class 6 felony. You must serve at least the minimum jail time for the underlying DUI offense (10 days for a first offense, 90 days for a second offense, etc.).

Aggravated DUI Defense

Craig Rosenstein applies aggressive and proven defenses for aggravated DUI to avoid prison time or minimize the punishments.

  • We attack the intoxication component. If we can get key evidence (BAC, field sobriety tests) suppressed on the basis of an illegal traffic stop or other police error, the prosecutor may drop the case entirely or charge it instead as a misdemeanor DUI.
  • We address the previous DUIs or license suspensions. Mr. Rosenstein has been successful in challenging the legitimacy of prior convictions, or demonstrating that his client's license should not have been suspended.

Plea bargains are usually not an option for aggravated DUI. If the prosecutor has a solid case, it may be necessary to go to trial. Craig Rosenstein is a skilled and thoroughly prepared trial attorney who gives a jury compelling reasons to acquit.

Contact Our Firm

Contact Rosenstein Law Group today for a free consultation and honest evaluation of your case and your options. We are available day or night to come to your aid.