Types Of Aggravated DUI Charges In Arizona
In Arizona, there are five ways a misdemeanor DUI can be charged as an aggravated DUI:
- Committing any DUI while having a suspended, canceled, revoked or refused driver’s license or privilege to drive in Arizona
- Committing a third or more misdemeanor DUI within 84 months (seven years) of your first DUI
- Committing a DUI while a child under 15 years old is in the vehicle
- Committing a DUI while you are required to have an ignition interlock device on the vehicle
- Committing a DUI while driving the wrong way on a highway
Penalties And Punishments For An Aggravated DUI Conviction
The penalties for aggravated DUI are steep. Under the law, a judge will order an initial prison sentence as a term of probation for those convicted of aggravated DUI, even for those who have no prior felony convictions.
A conviction will also result in a mandatory revocation of your driver’s license for one year and require the installment of an ignition interlock device on your vehicle.
The Bottom Line
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 face aggravated DUI charges in Arizona, you need an attorney who understands the complexities of Arizona DUI law and knows the court system to get the best results.
The Defense Experience You Need
The lawyers at Lane, Hupp, & Crowley, PLC, in Phoenix have the experience to deliver effective representation. Attorney Alex Lane is a former prosecutor with the Vehicular Crimes Bureau, where he focused on prosecuting aggravated DUI cases.
Defense Strategies To Lessen The Consequences You Face
There are specific defenses in aggravated DUI cases that may be applicable to your case such as:
A lack of knowledge of 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 Motor Vehicle Division (MVD) did not follow the proper procedures, the case against you could fall apart.
An invalid or noneligible out-of-state prior conviction
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 convicted of the prior offenses and the offenses qualify as “convictions” under Arizona law.
Many times, we can show that the state cannot sufficiently prove a prior DUI conviction or that it is not eligible under Arizona law.
Discuss Your Case With Experienced Lawyers
It is important to get experienced counsel on the case as soon as possible. Discuss your aggravated DUI case with us today.