Aggravated DUI in Arizona
Driving under the influence (DUI) is a serious crime that lawmakers do not take lightly in Arizona. An aggravated DUI means that the crime involves special circumstances that make it an even more severe type of offense. If you are facing aggravated DUI charges, it is essential to contact a drunk driving defense attorney in Phoenix as soon as possible to begin building your defense.
Arizona’s Driving Under the Influence Law
Arizona Revised Statute (ARS) § 28-1381 defines the crime of driving under the influence as “to drive or be in actual physical control of a vehicle… while under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance” or any combination of the three if it results in impairment to even the slightest degree.
In Arizona, the legal blood alcohol concentration (BAC) limit for a motor vehicle driver is 0.08 percent. Being found at or above this BAC limit within two hours of operating a motor vehicle can result in a DUI per se charge, which does not require the prosecutor to provide any further evidence of the driver’s intoxication.
What Is an Aggravated DUI?
An aggravated DUI (ARS § 1383) is a drunk driving charge with aggravating circumstances, or factors that enhance the seriousness of the offense. The following are examples of situations that could enhance a standard DUI to an aggravated charge in Arizona:
- A BAC of 0.15 or higher (an “extreme DUI”)
- Driving on a suspended, revoked or canceled license
- Getting three or more drunk driving violations within 84 months
- Driving with a person under the age of 15 in the vehicle
- Driving with a court-ordered ignition interlock device
- Driving the wrong way on a highway
In Arizona, an aggravated or extreme DUI is classified as a felony charge. By contrast, a standard DUI is a misdemeanor offense.
Aggravated DUI Has Enhanced Penalties
An aggravated DUI conviction in Arizona could result in severe criminal consequences. The mandatory minimum penalty is four months in prison for a first-offense felony DUI. The average sentence also includes driver’s license revocation for three years, mandatory alcohol screening and education courses, and supervised probation.
Note that if it is your second or subsequent felony DUI conviction, this will enhance the penalties you face. Felony crimes can come with lifelong consequences for the offender, including the loss of certain constitutional rights.
Defenses to Aggravated DUI Charges in Arizona
A strong criminal defense is critical if you are facing aggravated DUI charges in Arizona. Hiring the right drunk driving defense attorney in Phoenix can allow you to safeguard your rights and future as much as possible. Facing aggravated DUI charges can be daunting, but your lawyer can customize a defense strategy for your unique circumstances.
Potential defense arguments include inaccurate breathalyzer or blood tests, biased field sobriety tests, an illegal or improper traffic stop, police misconduct, and chain of evidence errors. An attorney can help you challenge the prosecutor’s evidence to improve your odds of achieving a positive case outcome.
Depending on the factors involved in your case, your lawyer may be able to negotiate a plea deal for reduced charges, lesser penalties or alternative sentencing. A strong defense may also succeed in having the aggravated DUI case dismissed entirely. At Corso Law Group, we work hard on behalf of our clients to secure the best available case outcomes. Request a free consultation with our aggravated DUI defense lawyers today to learn more.
