Tag Archives: Aggravated DUI

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.

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. So, how can you beat a DUI? Let’s take a look at 10 ways below.

Ways To Beat A DUI In Arizona

You can be fined, have your license to drive suspended, or even spend time in jail for a DUI in Arizona. 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. Your attorney may use one of the following ways to beat your DUI charge.

1. No Cause For Arrest

The officer who pulls you over needs to have enough suspicion to arrest you following the traffic stop. If you are able to prove the officer did not have a legitimate reason for pulling you over, the case can be dismissed regardless of the DUI test results.

2. Driving Over Speed Limit

Speeding and driving under the influence are not always related to one another. This means that speeding cannot be the reason for suspected intoxication. The defense will need to show that a speed detection instrument was used to show the driver was traveling over the speed limit.

3. Not A Random Stop

The NHTSA outlines that the officer(s) should stop vehicles according to a formula put in place. If there was any deviation in your case, you can bring this up in your defense.

4. Not Your Alcohol

If the officer discovers an open bottle of alcohol in your vehicle, he or she could use this as proof for DUI. You will be able to prove that the bottle belonged to someone else in the vehicle, though. Or you can make the case that you did not know there was an open bottle in the vehicle.

5. Test Site Delay

You can also make the case that there was too long of a delay in taking you to the chemical testing site after you were stopped by the officer.

6. Weaving In And Out Of Traffic

If the officer stopped you at first for simply weaving in and out of lanes, you can protest this as well. You may have been changing lanes to avoid an accident or inclement weather. The officer did not have the right to stop you if the weaving was not done consistently.

7. Not A Complete Stop

You may show that intoxication was not the reason why you were unable to stop properly at a traffic signal. This could have happened due to many other factors and it is not proof of intoxication while driving.

8. No Reasonable Doubt Of DUI

In order to stop and interrogate you, the officer must be reasonably sure that you are under the influence. Even erratic driving patterns do not show you are intoxicated.

9. Staggering Not Alcohol-Related

Staggering or swaying on the sidewalk may be used as evidence of a DUI. Of course, swaggering can be the result of uneven road conditions or a medical issue.

10. Breathing Time

10 seconds is the recommended amount of time you must breathe into a machine to determine intoxication. You can make the case that you were breathing for too long or not enough time before the DUI was determined.

How To Find A DUI Lawyer 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.

Source: https://www.duirights.com/arizona/10-ways-to-beat-an-arizona-dui/