DUI laws and penalties are already harsh enough in the state of Arizona. When it escalates to an aggravated DUI, you may be wondering just how much harsher the consequence may be. An aggravated DUI in Arizona is a felony charge that applies when certain factors are present, such as having a prior DUI conviction within the past 7 years, driving on a suspended license due to a past DUI, or having a child under 15 in the vehicle. The consequences of an aggravated DUI conviction are severe, including mandatory prison time, substantial fines, license revocation, and a permanent criminal record.
If you've been arrested for an aggravated DUI in Arizona, the allegations against you are very serious. You need an experienced Flagstaff DUI lawyer to analyze the unique circumstances of your case and build the strongest possible defense. The criminal defense attorneys at Griffen & Stevens Law Firm, PLLC have extensive experience successfully representing clients facing aggravated DUI charges. They will work tirelessly to protect your rights and minimize the potential fallout of these charges on your life.
Factors That Can Lead to Aggravated DUI Charges in Arizona
Several situations can result in aggravated DUI charges under Arizona law. Some of the most common include:
Prior DUI Convictions
If you have a prior DUI conviction within the past seven years, a subsequent DUI arrest can lead to aggravated charges. This is true even if your prior conviction was in another state. Arizona law counts any previous DUI conviction, regardless of where it occurred.
Suspended or Revoked License
Driving on a suspended, revoked, or restricted license due to a prior DUI conviction can elevate a new DUI charge to an aggravated offense. If your license was suspended or revoked for any other reason, like failing to pay a traffic ticket or appear in court, a DUI while driving on that suspended license is a misdemeanor.
Child in the Vehicle
If you're arrested for DUI with a passenger under the age of 15 in the vehicle, you can face aggravated DUI charges. Arizona law considers this child endangerment, a serious offense. If convicted, you may face additional penalties beyond the standard aggravated DUI consequences.
Ignition Interlock Device Violation
After a prior DUI conviction, you may be required to install an ignition interlock device (IID) on your vehicle. This device prevents your car from starting if it detects alcohol on your breath. If you're caught driving a vehicle without an IID when one is required, or if you attempt to tamper with or circumvent the device, you can face aggravated DUI charges.
Extreme or Super Extreme DUI
In Arizona, having a blood alcohol content (BAC) of .15% to .19% is considered an extreme DUI, while a BAC of .20% or higher is a super extreme DUI. Although these high BAC levels alone don't constitute an aggravated offense, they do carry increased mandatory minimum jail times and other enhanced penalties compared to a standard DUI.
Penalties for Aggravated DUI Convictions in Arizona
An aggravated DUI in Arizona comes with severe consequences, including:
- Mandatory prison time. A first-time aggravated DUI conviction carries a minimum of four months in prison, with a maximum sentence of up to 2.5 years. Repeat offenders face even longer mandatory minimum sentences.
- Fines and fees. Convicted individuals must pay a base fine of $750 plus additional assessments and surcharges that can total thousands of dollars.
License revocation. Your driver's license will be revoked for at least one year, and you'll be required to install an IID on any vehicle you operate once your driving privileges are restored. - Probation. After serving the mandatory prison sentence, you'll be placed on probation for up to 5 years. Probation comes with strict conditions, including random drug and alcohol testing, travel restrictions, and regular check-ins with a probation officer.
- Felony criminal record. An aggravated DUI in Arizona is a felony offense that remains on your permanent criminal record. This can impact your ability to find employment, secure housing, and obtain professional licenses.
Defending Against Aggravated DUI Charges
If you've been charged with an aggravated DUI in Arizona, don't lose hope. An experienced Flagstaff criminal lawyer can assess the evidence against you and identify potential weaknesses in the prosecution's case. Depending on the circumstances, your attorney may challenge the legality of the traffic stop, the accuracy of BAC test results, or whether aggravating factors were present.
In some cases, negotiating a plea bargain to a lesser offense may be the best strategy. Your lawyer can work to set up the right defense and get the aggravated DUI charge reduced to a misdemeanor, minimizing the potential penalties. If the case goes to trial, your attorney will present a vigorous defense, questioning the arresting officer's actions and highlighting any inconsistencies or gaps in the evidence.