Tucson Aggravated DUI Defense Lawyer

Felony DUI Charges in Tucson

If you have been arrested and charged with an aggravated DUI, or “felony DUI” in Tucson or within Pima County, Arizona, your case will be filed in Superior Court and that is where you will be expected to appear in-person on your noticed court date. The Arizona Superior Court in Pima County is located at 110 W. Congress Street, Tucson, AZ 85701 and is open from 8:00 a.m. to 5:00 p.m. Monday through Friday.

How an Aggravated DUI is Charged in Tucson

The vast majority of driving under the influence of alcohol or drug DUI offenses are charged as misdemeanor offenses. If your case was charged as a felony DUI, or you are waiting for felony charges to be filed, that means at least one of the following situations must apply to the facts of your case:

  • You have two allegeable prior convictions for DUI within the past 7 years
  • At the time of your current felony DUI offense, your driver’s license was suspended, revoked or in some manner restricted due to a prior DUI penalty
  • At the time of your current felony DUI offense, you were required to have a working certified ignition interlock device on your vehicle but failed to do so
  • There was a passenger in the car at the time of driving or being in actual physical control who was under the age of 15 yrs.
  • You were travelling the wrong way on an Arizona highway while driving under the influence

This is an all-inclusive list of ways in which you could be charged with a felony DUI in Tucson, or in the Pima County Superior Court. If you recognize your case is one of the above situations, and your DUI is currently pending in city court charged as a misdemeanor, your case may be dismissed and re-filed later by the Pima County Prosecutor’s Office in Superior Court. If you do not see your situation above, your DUI case is not a felony, and that is good news for you. So, if you already knew your case is a felony, or If you just learned from reading the list above that your case will be filed as a felony, you are probably asking, “what are the penalties?” and, “what can I do to avoid the penalties?’

Consequences of a Felony DUI Conviction in Tucson

The consequences of an aggravated DUI conviction in the Pima County Superior Court broadly effect one’s life, from being permitted to drive a car again, to owning a firearm or even voting in elections.  Upon an aggravated DUI conviction, the penalties one may expect include:

  • A minimum 4-month prison sentence for a first-time aggravated DUI up to a maximum 3.75 years (R.S. 13-702)
  • Fine for a felony DUI conviction of approx. $4,670 but cannot exceed $150,000 (R.S 13-801)
  • A combination of supervised or unsupervised probation for up to 10 years (R.S. 13-902)
  • 1-Year driver license revocation (R.S. 28-1383)
  • Installation and maintenance of a certified ignition interlock device for 2-years (R.S. 28-3319)
  • Loss of the right to vote and possess or use a firearm (R.S. 13-904)

Felony DUI Attorney in Pima County – Prepared and Effective Defense

The consequences of a felony DUI conviction are severe and can have life-long impacts. If authorities have accused you of one of the offenses listed above and you are now facing these severe consequences, there is no doubt, you need the knowledge and skill of a criminal defense attorney experienced in DUI defense on your side. Founding member, Craig J. Rosenstein, is board certified in DUI defenses by the National College for DUI Defense, and the team of attorneys at the Rosenstein Law Group are experienced and effective at defending felony DUI charges. Some of the defenses employed by our team of attorneys include:

  • Challenging in-state and out-of-state prior DUI convictions
  • Interpretation of the term “highway” in the law
  • Challenging records from ADOT indicating a license restriction or suspension
  • Attacking the State’s breath or blood alcohol/drug reported result
  • Unlawful stop of your car
  • Unlawful search of your bodily fluids – Coerced consent or invalid warrant
  • Unlawful arrest – No probable cause
  • Involuntary statements being used against you – Miranda violations

The Rosenstein Law Group has been at the forefront challenging city and county prosecutor’s interpretation of “highway” in the “wrong way DUI driver law” A.R.S. 28-1383(A)(5). Many prosecuting agencies consider the term “highway” to mean any location intended for vehicle travel. Understanding how the relevant prosecutor defines highway can be the difference between a misdemeanor or felony conviction. The team of experienced attorneys at the Rosenstein Law Group have drafted proposals sponsored by State Legislators that seeks to reform criminal justice in Arizona and draw attention to the unintended consequences of written legislation.

Speak with an Experienced Felony Defense Attorney

When you call the Rosenstein Law Group at 480-248-7666 to speak with an NCDD Board Certified DUI Defense Attorney we will walk you through the felony process of your pending case in Superior Court and discuss your options, including how to avoid the harshest penalties. We also offer video consultations in addition to telephonic and in-person meetings to discuss your aggravated DUI. The decision on whether to contact an attorney to discuss the facts of your case and your options should be made early. This is not a decision for another day – get informed early – and get the team of experienced attorneys at the Rosenstein Law Group on your side today. You can count on RLG to fight hard for your rights and obtain the best possible results for you.  Fill out a contact form online now or call 480-248-7666.


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