You might be under the impression that a felony DUI is only charged if you have a particularly high breath alcohol content (BAC) level. But your BAC does not actually have any bearing on whether you will be charged with a misdemeanor or a felony.
A felony DUI, known as Aggravated DUI, can only be charged if you are driving under the influence of alcohol or drugs under any of the following circumstances:
If you are charged with an Aggravated DUI in Payson, then your case will be filed in the Gila County Superior Court. The advice of an experienced attorney early on in your case will help ensure that you have the best possible defense. Contact the Rosenstein Law Group at 480-248-7666 or online for a free consultation and case evaluation.
The biggest difference between Aggravated DUI and a Misdemeanor DUI is that an Aggravated DUI can lead to prison time, whereas a Misdemeanor DUI only results in jail.
Aggravated DUIs can lead to a mandatory minimum of 4 months to up to 45 months in prison.
If you have prior felony convictions, even if they are non-DUI offenses, then the prison term for an Aggravated DUI can be substantially longer than 45 months. In some cases, the punishment could increase to 15 years in prison.
Aggravated DUI is a Class 4 felony in Arizona, except for an Aggravated DUI that is the result of having a minor under the age of 15 in the car, which is a Class 6 felony.
An Aggravated DUI conviction may lead to several penalties and punishments, including:
If you are charged with an Aggravated DUI for having two DUIs in the previous 7 years, or for having a suspended or revoked license, or for driving the wrong way on the highway, then you face a mandatory minimum of 4 years in prison, even if you are granted probation. This is unique compared to any other offense in Arizona.
Normally, you cannot receive any prison time if you are granted probation by the court. But with these Aggravated DUI offenses, the court must sentence you to a minimum of 4 months in prison, even if the judge gives you probation.
Beyond the punishments and penalties handed down by the court and the Arizona Motor Vehicles Division, if you are convicted of Aggravated DUI, then you can expect your insurance rates to increase substantially. In some cases, an insurance provider may even discontinue your coverage altogether.
An Aggravated DUI is also a permanent felony conviction on your record. A felony conviction suspends certain civil rights, such as your right to vote, possess a firearm, hold public office, or serve as a juror. A felony conviction on your record could cause you to lose your job or future employment opportunities. It might also affect your ability to hold a professional license, security clearance, or fingerprint clearance card, and can make it difficult to find housing or secure loans.
The right defense can save you from the potential consequences mentioned above. The Rosenstein Law Group is on the cutting edge of DUI defense, combining aggressive tactics with proven defenses.
If you are facing felony Aggravated DUI charges, do not wait to hire an experienced attorney to represent you in court. You need an aggressive firm that will make sure your rights are protected. Contact the Rosenstein Law Group anytime, day or night, to schedule a free consultation and case evaluation. Call 480-248-7666, or contact us online.