If you’re facing an aggravated DUI in Arizona. You need an attorney who understands the complexities of Arizona DUI law and knows the Arizona court system in order to get the best result. The attorneys at Lane, Hupp, & Crowley, PLC have the experience necessary to deliver effective representation, and Alex Lane is a former prosecutor with the Vehicular Crimes Bureau with the Maricopa County Attorney’s Office where he focused on prosecuting aggravated DUI cases. We are ready to put our years of experience in the court room to use in fighting your case. Contact Lane, Hupp, & Crowley, PLC to schedule a consultation for your aggravated DUI case.
Types of Aggravated DUI offenses
In Arizona, if you’ve been charged with aggravated DUI, you’re facing a felony offense and a potential mandatory prison sentence. Most aggravated DUI’s are class four (4) felonies, but an aggravated DUI can also be a class six (6) felony.
The Arizona vehicular code provisions regarding aggravated DUI’s are contained in A.R.S. § 28-1383. That section lists the four ways a misdemeanor DUI can be charged as an aggravated, or felony, DUI. They are:
- Committing any DUI while having a suspended, cancelled, revoked, or refused driver license or privilege to drive in the State of Arizona. § 28-1383(A)(1)
- Committing a third or more misdemeanor DUI within eighty-four months (seven years) of your first DUI. § 28-1383(A)(2)
- Committing a DUI while a child under fifteen (15) years old is in the vehicle. § 28-1383(A)(3).
- Committing a DUI while you are required to have an interlock device on the vehicle. § 28-1383(A)(4).
Penalties and Punishment for an Aggravated DUI Conviction
The first two aggravated DUI’s listed above are class 4 felonies which carry presumptive prison sentences of 2.5 years in the department of corrections. Even if you have no prior felony convictions and are placed on probation for one of these aggravated DUI offenses, the Judge is still required by law to order an initial prison sentence as a term of probation.
The third aggravated DUI offense listed (known as the “kid in the car Agg DUI”) is a class 6 felony and carries a presumptive prison sentence of 1 year. If you have no prior felony convictions, you are eligible for probation after a conviction, but jail time is still required for any conviction.
The fourth aggravated DUI offense listed(known as the “interlock Agg DUI”) is a class 4 felony and carries a presumptive prison sentence of 2.5 years, but unlike the other class 4 felony aggravated DUI’s an initial prison sentence is not required if a sentencing judge places the defendant on probation.
These penalties are for a first aggravated DUI conviction. If you have a prior aggravated DUI conviction, a prison sentence is always mandatory after a conviction and the length of the prison sentence increases dramatically. Moreover, aggravated DUI convictions, unlike other prior felony convictions, can always be used to increase a prison sentence, no matter how old the conviction is.
Lastly, conviction for any aggravated DUI offense results in a mandatory revocation of your driver license for one year. This is in addition to an administrative driver license suspension and a requirement to install an interlock device on your vehicle.
The bottom line is that the consequences for an aggravated DUI conviction in Arizona are severe, and the sentencing described above is only a summary of what you could be facing. If you are facing an aggravated DUI charge, contact the Aggravated DUI attorneys at Lane, Hupp, & Crowley, PLC for a free initial consultation to discuss your case, your rights, and your defenses.
Defenses in Aggravated DUI cases
The attorneys at Lane, Hupp, & Crowley, PLC have successfully handled aggravated DUI cases their entire careers and can provide you with effective and aggressive representation. The defenses available in aggravated DUI cases include all of those available in misdemeanor DUI’s because you can’t be convicted of an aggravated DUI without committed the underlying misdemeanor DUI. In addition to the offenses to all misdemeanor DUI’s, there are specific defenses in aggravated DUI cases which may be applicable to you case. They may include:
- No knowledge of or reason to know of the suspension, revocation, or cancellation of your license.
- Did you receive proper notice of the suspension, revocation, or cancellation in the mail? Was the notice properly served on you? Have you reinstated your license since the suspension, revocation, or cancellation? These are all issues that could affect your aggravated DUI case and if the State or MVD did not follow the proper procedures, the case against you could fall apart. It takes a skilled and knowledgeable attorney, like the ones at Lane, Hupp, & Crowley, PLC, to sort through the MVD paperwork and provide the best defense possible.
- Invalid or non-allegeable out-of-state prior convictions.
- If the State has charged you with an aggravated DUI for having prior DUI convictions, the State must be able to prove that you were actually convicted of the prior offenses and the offenses qualify as “convictions” under Arizona law. This defense is most applicable when the prior DUI convictions come from states other than Arizona. The elements of an out of state DUI conviction must match up with an Arizona DUI in order for the State to use the conviction in an aggravated DUI prosecution. Many times, the attorneys at Lane, Hupp, & Crowley, PLC are able to show that the State cannot sufficiently prove a prior DUI conviction or that it is not eligible under Arizona law, and thus provide a strong defense to an aggravated DUI charge.
Let a Former Prosecutor Fight for You
Contact Lane, Hupp, & Crowley, PLC to discuss your aggravated DUI case and schedule a free initial consultation. It is important to get experienced counsel on the case as soon as possible, and the attorneys at Lane, Hupp, & Crowley, PLC will work with you to develop all potential defenses in your case. Most importantly, we will leave no stone unturned and will review and study all aspects of your case to give you effective and aggressive representation.