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ARS 28-1383 Aggravated DUI

Posted on May 31, 2022 in Arizona Revised Statutes,BAC,DUI

An aggravated DUI (driving under the influence) crime is a felony charge in Arizona that is punishable with a mandatory minimum prison sentence of four months. Compared to a regular DUI and even an extreme DUI, the penalties connected to an aggravated DUI are very severe. It is important to contact a Scottsdale aggravated DUI defense lawyer in Scottsdale immediately if you are facing this type of criminal charge in Arizona.

What Is an Aggravated DUI Under ARS 28-1383?

An aggravated DUI conviction means that a driver is guilty of driving while intoxicated, along with one or more aggravating factors. An aggravating factor is something that makes the crime more severe in nature. Arizona Revised Statute 28-1383 states that a person is guilty of aggravated driving or actual physical control of a vehicle while under the influence of intoxicating liquor or drugs in any of the following circumstances:

  • Committing a DUI or extreme DUI with a suspended, canceled, revoked or refused driver’s license or while a restriction was on the driver’s license as a result of a prior DUI/
  • Committing a third or subsequent violation of any of Arizona’s DUI laws within a period of 84 months.
  • Violating Arizona’s DUI laws while a person under the age of 15 years old was in the vehicle.
  • Committing a DUI while the driver has been ordered by the court or required by the Department of Motor Vehicles to equip any motor vehicle he or she operates with an ignition interlock device.
  • Driving under the influence while driving the wrong way on a highway.

If any of these extenuating circumstances exist when you are arrested for violating either of Arizona’s DUI laws (ARS 28-1381 or ARS 28-1382), you will face an aggravated DUI charge. As soon as you suspect or hear that this is the charge entered against you, contact a criminal defense lawyer in Scottsdale for legal assistance. This is an extremely serious criminal charge that can have life-changing penalties.

What Are the Penalties for an Aggravated DUI Conviction in Arizona? 

To convict a defendant of an aggravated DUI, the prosecution must prove beyond a reasonable doubt that the defendant was driving or in actual physical control of a vehicle with a blood alcohol concentration (BAC) level at or above 0.08 percent and that one of the above-listed aggravating factors was also present. A conviction for an aggravated DUI in Arizona will be sentenced using the penalties listed in Section D of ARS 28-1383:

  • A minimum of four months in prison
  • At least $4,000 in fines, plus assessments and surcharges
  • The loss of the driver’s license (license revocation) for at least one year
  • Supervised probation, which can entail regular visits by a probation officer and random drug and alcohol testing
  • Mandatory alcohol or drug education courses
  • Mandatory certified ignition interlock device installed on the vehicle
  • Forfeiture of the vehicle

In addition, having a felony on your record can impact your ability to vote, purchase a firearm, get a job and find housing. These are the penalties for a first-time aggravated DUI conviction, which is typically entered as a class 4 felony. If you are convicted of a second or subsequent aggravated DUI in Arizona, you could be facing mandatory prison time of 2.25 to 15 years in prison, as well as other severe consequences.

Defenses for Aggravated DUI Charges

Working with an experienced and talented aggravated DUI defense lawyer in Scottsdale can help you minimize the consequences of this criminal charge on your life and future. Hiring an aggravated DUI defense lawyer from the very beginning of your case can lead to the strongest possible defense strategy, such as your attorney reducing the charges or having them dismissed entirely. The right defense strategy for you will depend on your case and criminal background. Consult with an attorney about an aggravated DUI arrest in more detail by contacting Rosenstein Law Group for a free consultation.

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