Felony DUI in Chandler
Generally speaking, if you are charged with a DUI in Chandler, you will be charged with a class one misdemeanor—the highest level of misdemeanor charged by law in Arizona. This is a criminal charge and you will go through the criminal justice system in Chandler Municipal Court. However, depending on the circumstances surrounding the DUI investigation, you could be charged with a felony DUI.
When a DUI is charged as a felony in Chandler, your case will be transferred from the Chandler Municipal Court to the Maricopa County Superior Court and you will go through the criminal justice system there. Oftentimes, the Chandler Municipal Court will not immediately send your case to the superior court, so it is important to immediately contact a DUI attorney if you find yourself facing any DUI charges.
Felony charges are usually life-altering charges and can stay on your record for the rest of your life. Felony charges in Arizona also come with harsh sentences, oftentimes requiring a person to serve time in prison. It is important to understand what circumstances can push a DUI situation from a misdemeanor charge to a felony charge in Arizona.
Will Your DUI Be Charged as a Felony?
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How Does a DUI in Chandler Become a Felony DUI?
Felony DUIs are labeled as “Aggravated DUI” and can be charged as “aggravated” for several reasons. Some of these reasons are as follows:
Driving on a suspended license while DUI
If you are pulled over while in violation of Arizona’s DUI laws and your driver’s license is suspended as a result of a prior DUI conviction (or as a result of a refusal to submit to a chemical test during a DUI investigation) you will likely be charged with aggravated DUI. This violation is charged as a class 4 felony.
Third time DUI within a 7-year period
If you are pulled over for a third or subsequent DUI during a 7-year period, you will likely be charged with aggravated DUI—a class 4 felony. Prior DUI convictions in other states could count against you depending on how the other state’s DUI law is written. This is a complex matter and should be handled by an experienced DUI attorney. You can find more information about out of state prior DUI convictions on this website’s blog page.
Having a person under the age of 15 years-old in the vehicle while DUI
Another way you could be charged with an aggravated DUI is if you are in violation of Arizona’s DUI statutes while having a person under the age of 15 years-old in the vehicle. While still an aggravated DUI, this type of aggravated DUI is charged as a class 6 felony, rather than a class 4.
DUI while having an interlock requirement by the court
You can also be charged with an aggravated DUI if you are in violation of Arizona’s DUI statutes at the same time as having a current court order requiring that you equip any of your vehicles with a breathalyzer interlock device. This is true even if the vehicle you are driving when you violate the law is not the vehicle with an interlock device installed on it. Violation of this law is charged as a class 4 felony.
Wrong-way driving on a highway
If you are driving the wrong way on a highway while in violation of Arizona’s DUI statutes, you could be charged with aggravated DUI—a class 4 felony. What roads are considered to be a “highway” is highly debated between prosecutors and defense attorneys, however many prosecutors consider a highway any public place that is intended for vehicle travel. The experienced and aggressive attorneys at the Rosenstein Law Group are the founders of the fight against this definition and our attorneys are best suited to deal with this fight for you.
Contact an Aggravated DUI Defense Attorney Today
Felony charges are very serious and life-altering. If you find yourself in the situation where you are or maybe felony DUI charges it is important that you immediately contact an experienced DUI attorney to fight on your side. The Rosenstein Law Group has dealt with felony DUI’s being charged out of Chandler for many years and is even involved in the law-making process regarding aggravated DUI charges at the Arizona legislature. Call the Rosenstein Law Group for aggressive and experienced attorneys 24 hours a day, 7 days a week, at (480) 248-7666.
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