Payson Felony DUI (Aggravated DUI) Defense Attorney

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:

  • Your driver’s license is suspended, cancelled, revoked, or refused.
  • You have two prior DUI convictions within the past 7 years.
  • You were required from a past DUI conviction to equip your car with an ignition interlock device.
  • There was a minor under the age of 15 in the car with you.
  • You were driving in the wrong direction on a highway.

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.

Penalties for Aggravated DUI

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:

  • 4 months to 45 months in prison (without any prior felony convictions)
  • Probation for up to 10 years
  • Driver’s license revocation for a minimum of 1 year (3-year revocation if it is a third DUI conviction within 7 years)
  • Substantial fines and fees
  • 2-year ignition interlock device requirement upon license reinstatement.
  • SR-22 insurance
  • 8 points on your driving record
  • Traffic Survival School
  • Alcohol of substance abuse treatment classes

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.

Payson Felony DUI Defense Lawyer

Other Consequences of Aggravated DUI Out Of Payson

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.

Aggravated DUI Defenses

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.

  • Challenging the police stop. Did the police have a legal reason to pull you over in the first place? If not, we can suppress all evidence obtained from that stop— possibly leading to the dismissal of charges altogether.
  • Attack the probable cause for an arrest. After the police have stopped you, they need to establish probable cause before they can make an arrest. If the officers did a sloppy on-scene investigation, they may not have had enough evidence to arrest you in the first place. This involves analyzing your interaction with the police, including your performance on field sobriety tests.
  • Challenging the allegation of impairment or intoxication. This is a multi-step process that involves analyzing the field sobriety tests, any signs of a lack of impairment, and the toxicology results. We challenge blood and breath results to show that they may be inaccurate or unreliable.
  • Challenging the legitimacy of prior DUI convictions, ignition interlock requirements, or proper notice of a driver’s license suspension or revocation.
  • Making sure no violation of your constitutional rights has occurred, such as the right to counsel or right to remain silent.

Free Consultation for Aggravated DUI

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.


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