Aggravated DUI is an extremely serious crime in Arizona that can result in severe penalties if you are convicted. Aggravated DUI is a felony offense that calls for substantial fines, lengthy prison time and the loss of your driver's license, among other penalties. It is critical that you have a qualified defense attorney representing you from the start.
At Rosenstein Law Group, our Scottsdale DUI defense attorneys aggressively defend Phoenix-area drivers and clients across the state against a broad range of felony DUI charges. If you have been charged with this crime, then you will greatly benefit from the legal assistance of one of our firm. Our Phoenix aggravated DUI lawyers have the skill and the experience you need on your side. Our founding attorney, Craig J. Rosenstein, is the only attorney in Maricopa County and one of three attorneys in Arizona to be Board-Certified in DUI Defense.
Understanding Aggravated DUI In Arizona
There are essentially three situations that could result in an aggravated DUI charge. You can be charged with aggravated DUI if you are found to be driving while under the influence of impairing substances and:
- You previously had two or more prior DUI convictions within a seven-year period. If you have a history of DUI misdemeanor convictions, then your third or subsequent conviction will be a felony.
- Your license was suspended, restricted or revoked at the time of your arrest while your BAC was .08 percent or higher.
- You have a minor under the age of 15 in the vehicle with you at the time of your arrest.
Arizona Revised Statutes §28-1383
Per Arizona Revised Statutes (ARS) §28-1383, an individual can be guilty of aggravated driving or actual physical control while under the influence of intoxicated liquor or drugs for several different circumstances. For example, if they drive drunk while their license has been suspended, canceled, revoked or refused. They can also be guilty of aggravated DUI should they commit a third offense within 84 months of prior convictions, and, lastly, can also be found guilty if a passenger under the age of 15 was in the vehicle, or if they had been ordered by the court to have a certified ignition interlock device installed in their car.
There is a very specific process that must be followed when an individual has been convicted of aggravated DUI pursuant to this section of the ARS. First, the court is required to report to the department, which will immediately revoke all driving privileges of the convicted. A minimum of one year must pass before the individual will be issued another license; they will be required to have an ignition interlock device installed for more than two years. The individual will also be required to pay a $250 additional assessment on top of the other penalties. This money will be deposited it into a driving under the influence abatement fund.
The individual will then be required to pay a minimum fine of $700. The individual will also be ordered to pay an assessment of $1,000, which will be deposited into the prison construction and operations fund, and another assessment of $1,000, which will be deposited into the public safety equipment fund. In most circumstances, aggravated driving is considered a class 4 felony; however, in circumstances where the individual was arrested for having a passenger younger than 15 years of age, it is considered a class 6 felony.
Penalties for Aggravated DUI Convictions
If you are convicted of aggravated DUI, you will face the following penalties:
- You will face a minimum prison sentence of four months, a maximum of three years, nine months.
- Mandatory alcohol screening and classes.
- Revoked driver's license by the MVD for a minimum of three years.
- You will face a minimum mandatory two years, three months in prison, a maximum of seven years, six months in addition to initial penalties.
Facing a Third DUI Charge in Phoenix?
If you are convicted of a third or subsequent aggravated DUI charge, then you will face all of the penalties outlined in the first felony offense; however, the prison sentence will be increased to a minimum of six years and maximum of 15 years in prison. These can be extremely harsh penalties to face; they can alter your future in many different ways. Depending on your circumstances, it is very likely that criminal convictions may affect your ability to find employment, obtain leasing agreements for housing, as well as a number of other consequences.
Free Consultation With a Lawyer
Don't let your future suffer by not taking legal action. If you have been charged with aggravated DUI or any other kind of DUI, then contact our firm immediately and retain the legal assistance and representation of the Phoenix DUI lawyer that you will need on your side in order to maximize your chances of a favorable outcome to these charges. With years of quality experience behind our doors, you can trust to we are equipped to handle even the most difficult of cases.
Call us today at 480-248-7666 or contact us via email for a free consultation with a Phoenix aggravated DUI lawyer.