Arizona law differentiates between a standard DUI and an aggravated DUI based on the presence of specific factors that increase the severity of the offense. So, what is an aggravated DUI in Arizona? This charge refers to a felony-level violation, often triggered by repeat offenses, driving with a suspended license, or having a minor in the vehicle while impaired. The implications extend far beyond a typical DUI, introducing harsher penalties such as extended jail time, license revocation, and increased financial consequences. At The Law Offices of John Phebus, our team understands these complexities and is prepared to guide individuals through the legal process. Understanding what constitutes an aggravated DUI provides a crucial foundation for addressing legal challenges and exploring defense options under Arizona’s strict DUI statutes.
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How Is a Regular DUI Different from an Aggravated DUI?
A regular DUI is typically charged as a misdemeanor, assuming there are no aggravating circumstances. In contrast, an aggravated DUI is considered a felony, making the penalties and long-term consequences much more severe. A regular DUI may involve driving with a blood alcohol concentration (BAC) of 0.08% or higher, while an aggravated DUI generally involves additional factors that elevate the charge.
What Situations Automatically Make a DUI Aggravated?
Arizona law outlines several scenarios that can escalate a DUI to an aggravated offense. These include:
- Driving under the influence with a suspended, canceled, or revoked license
- Receiving a third DUI charge within a 7-year period
- Committing a DUI while a person under 15 years old is in the vehicle
- Refusing to install an ignition interlock device after a prior DUI conviction
- Driving the wrong way on a highway under the influence
These conditions are defined under Arizona Revised Statutes 28-1383, which governs aggravated DUI charges.
What Are the Legal Penalties for an Aggravated DUI in Arizona?
Penalties for an aggravated DUI are much stricter than those for a standard DUI, reflecting the elevated danger and repeat behavior involved.
Are There Mandatory Prison Sentences?
Yes, many aggravated DUI charges carry mandatory minimum prison time. Depending on the circumstances, a person convicted may face:
- A minimum of 4 months in prison for a first-time aggravated DUI
- Up to 2 years or more for repeat offenses or cases involving injury
The law does allow for participation in programs such as work-release or substance abuse treatment, but these are not guaranteed.
What Additional Consequences Can You Face?
Aggravated DUI convictions often result in license suspension, community service, and mandatory use of an ignition interlock device. Arizona’s implied consent law means that drivers automatically agree to alcohol or drug testing when they accept the privilege of driving. Refusal to take a test may lead to a 12- or 24-month license suspension.
Even if your BAC is below 0.08 percent, you might still be convicted. First-time offenders may face a minimum of 10 days in jail and fines of at least $1,250. They are also required to complete alcohol screening and install an ignition interlock device in their vehicle.
Second offenses increase the stakes. A 90-day minimum jail sentence and a $3,000 fine may apply. Repeat offenders can also expect license revocation and extended probation.
Extreme DUI applies to those with a BAC of 0.15 or higher. The penalties are more severe and may include longer incarceration, steeper fines, and stricter compliance requirements.
Aggravated DUI, especially when a child is present or it is a third offense within 84 months, may lead to a two-year prison sentence and a one-year license revocation. Legal representation is crucial.
How Can an Aggravated DUI Charge Affect Your Life?
An aggravated DUI can impact your personal and professional life long after any jail time or fines have been served.
Will It Impact Your Career, License, or Housing?
Yes, it might. Felony charges can show up on background checks, which may affect your ability to get or maintain employment. Additionally, your driver’s license could be suspended for an extended period, making it difficult to commute or fulfill daily responsibilities. Some landlords may also reject applications based on a felony record.
Can You Lose Professional Certifications or Custody Rights?
In many cases, yes. Professionals such as teachers, nurses, and commercial drivers may risk losing their certifications or licenses. Family court judges may also take an aggravated DUI into account when deciding custody arrangements, especially if a child was present in the vehicle at the time of arrest.
What Additional Charges Can Arise from an Aggravated DUI Arrest?
Aggravated DUI arrests can often lead to other serious charges, depending on the circumstances.
Can You Be Charged with Endangerment or Child Abuse?
Yes, especially if a minor was in the vehicle. In these cases, the state may pursue separate charges for child abuse or endangerment, both of which carry additional penalties. These charges can complicate the defense and significantly increase legal risks.
What Happens If You Have Prior DUI Convictions?
Multiple DUI convictions can result in enhanced penalties. Arizona treats repeat offenders with increased severity, possibly extending prison time, increasing fines, and imposing stricter probation conditions. A third DUI within 7 years will automatically qualify as aggravated, regardless of other circumstances.
Why Is It Important to Hire a Lawyer for an Aggravated DUI in Arizona?
Because felony DUI charges require a strong legal defense, it’s essential to work with an attorney who understands Arizona law and can help protect your rights at every stage. Aggravated DUI cases are complex, and the potential for mandatory prison time, license revocation, and substantial fines makes skilled representation vital.
A qualified DUI defense lawyer may scrutinize the traffic stop, evaluate testing methods, and assess the legality of the arrest. They might also negotiate with prosecutors to seek alternative sentencing, such as reduced jail time, probation, or entry into treatment programs.
Beyond criminal defense, legal guidance may help minimize collateral damage, such as the loss of employment, professional licenses, or custody rights.
Facing felony DUI charges without support can lead to life-altering consequences. Having an experienced advocate on your side may make all the difference in how your case is resolved.
Speak to an Arizona DUI Lawyer Today
Aggravated DUI charges in Arizona come with severe penalties and lasting consequences, but you don’t have to navigate the process by yourself. Contact The Law Offices of John Phebus now to schedule a consultation and explore your legal options. We’re here to fight for your rights and help you move forward.
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