aggravated dui laws in arizona

In Arizona, an aggravated DUI is classified as a serious felony offense under ARS 28-1383 when specific aggravating factors are involved. These factors include driving under the influence with a suspended or revoked license, having two prior DUI convictions within the last seven years, driving with a child under the age of 15 in the vehicle, operating a vehicle equipped with an ignition interlock device (IID), or driving on the wrong side of the road.

Defenses against aggravated DUI charges may involve challenging the legality of the traffic stop, disputing the accuracy of breath or blood tests, or proving that the defendant was not in actual physical control of the vehicle. Given the severity of the penalties, which can have long-lasting effects, it’s critical to consult with an experienced DUI attorney to evaluate these defenses and protect your rights.

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HOW ARIZONA DUI LAW FIRM CAN HELP WITH YOUR AGGRAVATED DUI CASE

Facing an aggravated DUI charge in Arizona requires a deep understanding of the state’s complex DUI laws and the serious consequences that come with such a charge. Choosing the right Arizona DUI attorney can feel overwhelming, but by following these "4 Must Knows," you can ensure you're getting the best representation for your case. This guide provides essential criteria to help you make an informed decision, focusing on finding legal counsel with the right expertise in DUI defense and a thorough knowledge of the Arizona legal system. By keeping these key factors in mind, you'll be able to select an attorney who will work diligently to reduce the charges against you, utilizing their experience and insight to develop a defense strategy tailored to your specific situation.

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  • Your driver’s license could be revoked for three years.
  • You may be required to participate in alcohol or drug screening and education programs.
  • Community service may be mandated.
  • Probation could last for up to ten years, with a monthly probation fee, typically around $65.
  • You might need to secure SR22 insurance.
  • An Ignition Interlock Device (IID) may be required on your vehicle for two years.

WHAT PENALTIES DOES AGGRAVATED DUI HAVE IN ARIZONA?

  • JAIL TIME
    At a minimum, an aggravated DUI conviction in Arizona can result in a sentence of four months in prison, with the maximum sentence extending up to 3.75 years. These penalties can be even more severe if there are prior felony convictions.

    At Arizona DUI Law Firm, Harper Pollock and her team have extensive experience navigating the complexities of DUI cases throughout Arizona. We are familiar with the prosecutors, judges, and defense strategies that vary across different jurisdictions. This in-depth knowledge enables us to craft tailored defense strategies, anticipating prosecutorial tactics and understanding judicial preferences that may differ from court to court.

    Our comprehensive approach ensures that we provide well-informed and effective representation, giving our clients the best chance for a favorable outcome. By working with a team that understands Arizona’s diverse legal landscape, you can trust that your defense will maximize every opportunity to protect your rights.

  • FINES AND FEES
    1. A base fee of $250
    2. A fine of $750
    3. A surcharge of $630
    4. A $1,500 contribution to the Prison Fund
    5. A $1,500 contribution to the Public Safety Equipment Fund
    6. A $20 Time Payment Fee
    7. A $20 Probation Fee
  • LOSS OF DRIVERS LICENSE
    • Your driver’s license could be revoked for up to three years.
    • You may be required to complete alcohol or drug screening and education programs.
    • Mandatory community service could be part of your sentence.
    • Probation could extend up to ten years, with a monthly probation fee, usually around $65.
    • You may be required to obtain SR22 insurance.
    • An Ignition Interlock Device (IID) could be installed on your vehicle for up to two years.

WHAT IS THE DIFFERENCE BETWEEN A "REGULAR DUI" AND "AGGRAVATED DUI"

Severity of Charges: 
Regular DUI: Typically a misdemeanor offense, with charges based on a BAC of 0.08% or more or driving under the influence of drugs or alcohol.
Aggravated DUI: A felony offense, which occurs under more severe circumstances, such as driving on a suspended license or having multiple prior DUI convictions.

Circumstances:
Regular DUI: Charged based on the driver's BAC level or impairment due to alcohol or drugs.
Aggravated DUI: Includes aggravating factors like driving with a child under 15 in the vehicle, committing a DUI while required to have an ignition interlock device, or having two or more prior DUI convictions within seven years.

Penalties:
Regular DUI: Penalties typically include fines, jail time, probation, alcohol education, and possible license suspension.
Aggravated DUI: Penalties are much more severe, including mandatory prison time, larger fines, longer license revocation, and probation periods.

License Suspension:
Regular DUI: Can lead to a license suspension of up to one year.
Aggravated DUI: Can result in a license revocation of up to three years or more, depending on the circumstances.

Criminal Record Impact:
Regular DUI: Being a misdemeanor, it carries significant penalties but is less severe on your criminal record.
Aggravated DUI: As a felony, it has long-lasting consequences, including a permanent criminal record, which can impact employment, housing, and other opportunities.
I was facing an aggravated DUI charge, and the potential consequences were overwhelming—prison time, hefty fines, and the loss of my license for years. Harper Pollock at Arizona DUI Law Firm made all the difference. From the very beginning, Harper showed incredible expertise and compassion, explaining every step of the legal process and what to expect. She crafted a strong defense, challenging the circumstances of my arrest and the evidence against me. Thanks to her dedication and deep understanding of DUI laws, I received a much better outcome than I ever expected. I highly recommend Harper Pollock and Arizona DUI Law Firm for anyone facing an aggravated DUI charge.