What Is An Aggravated DUI In Arizona?
Driving under the influence (DUI) is a serious charge across the U.S. Arizona, specifically, has some of the toughest DUI laws in the country. In some situations, a DUI charge can be elevated to an aggravated DUI. This charge can result in more severe penalties.
What Is Aggravated DUI In Arizona?
Also known as a felony DUI, an aggravated DUI, happens when certain aggravating factors occur during the DUI offense. These factors can escalate a standard DUI to a more severe level. These are the following circumstances when a DUI can become an aggravated DUI in Arizona:
- DUI charge while individual under 15 years old is in the vehicle.
- DUI with a suspended, restricted, or revoked driver’s license.
- DUI while an ignition interlock device is required.
- Third DUI conviction within the past 7 years.
Aggravated DUI Penalties In Arizona
Of course, penalties for an aggravated DUI are much harsher than a standard DUI. These are some of the potential penalties:
- Fines and fees ranging from $4,000 to $150,000.
- Mandatory imprisonment from 4 months to 8 years.
- License revoked for up to 3 years.
- Required to install an ignition interlock device.
- Probation up to 10 years, including mandatory alcohol education, community service, and counseling.
Defending Against An Aggravated DUI
An experienced criminal defense attorney can help you to fight against an aggravated DUI charge. The attorney will challenge the evidence and create a strong and compelling defense strategy.
Common defense tactics will include:
- Questioning field sobriety tests accuracy.
- Challenging the legality of said traffic stop.
- Arguing for exclusion of certain pieces of evidence.
- Disputing reliability of blood tests/breathalyzer.
- Presenting mitigating factors that can reduce the severity of the penalties.
DUI Vs Aggravated DUI
Driving Under the Influence is a criminal charge of motor vehicle operation while you are in a state of impairment from alcohol or drugs. A DUI can have severe penalties, especially in states like Arizona. You can be fined, have your license to drive suspended or even spend time in jail. Depending on the level of your blood alcohol concentration (also known as BAC) you could be looking at a minimum punishment of more than 6 weeks in jail for your first offense. Other possible penalties besides jail time include:
- Large fines.
- Insurance premium increases.
- A requirement to install an ignition interlock device on your car.
- Suspension of driver’s license.
It is very well known both prosecutors and police in Scottsdale enforce the laws in an aggressive fashion even when the probable cause of the arrest is weak. A very hardline stance is adopted by the city prosecutor of Scottsdale when it comes to DUI cases and whom has a history of seldom agreeing to dismiss a charge for DUI as part of a plea deal. You need an attorney who will just not accept you entering a guilty plea and going to jail as a result.
Searching For DUI Attorney In Arizona?
A competent DUI lawyer will listen to you, have an understanding of your case and then assist you in court is not always easy to find. It may be a wise to ask friends who you trust as well as family members to see if they have any recommendations or suggestions. Next, assemble a list (perhaps a spreadsheet can be used) include the name of the attorney, their area of practice, contact details and their address.
If you have spoken to them, write down the cost of their services in another column. Furthermore, check the background of any lawyers you are considering. The State Bar website will have useful information on any malpractice in their history. Also ensure they are licensed to practice law in the area you live.
DUI Attorneys In Scottsdale
Canterbury Law Group’s DUI Lawyers in Phoenix and Scottsdale will defend your case with personal attention and always have you and your best interests in mind. Call today for an initial consultation!
We are experienced criminal defense attorneys and will fight for you to obtain the best possible outcome. Our firm will rigorously represent you, so you can get on with your life. Call today for an initial consultation! 480-744-7711 or [email protected]
*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs.