What Are the Penalties for an Aggravated DUI in Arizona?

If you’re facing aggravated DUI charges in Glendale Arizona, you’re likely concerned about the consequences. These imputations carry significant outcomes that can deeply impact your freedom, finances, and future. The Law Offices of John Phebus, located in Glendale, AZ, specializes in guiding individuals through these high-stakes legal challenges. This serious offense may include a minimum of four months in prison, hefty fines ranging from $4,000 to $10,000, suspension of driving privileges for up to three years, and the mandatory installation of an ignition interlock device. Below, we break down the potential sanctions in detail to help you grasp the gravity of your situation.

Aggravated DUI Penalties in Arizona

This type of forfeiture is considered a major felony offense. The infraction you may face depends on the specific circumstances of your case. Common factors that can lead to an intensified charge include having multiple prior convictions, driving on a suspended license, or having a minor in the vehicle at the time of arrest. Under ARS 28-1383, it is typically charged as a Class 4 crime, which can result in:

• Mandatory minimum prison sentence of four months.
• Postponement of your driving privileges for up to three years.
• Installation of an ignition interlock device for at least one year after the permit is reinstated.
• Fines that may total several thousand dollars.

For more information on the repercussions, refer to the Arizona Department of Transportation website.

DUI with Injury or Death: What Happens?

An exacerbated DUI involving injury or death carries even harsher consequences. In these cases, the charge might be elevated to aggravated assault or even manslaughter, depending on the situation. Suppose someone is seriously damaged or killed as a result of the accident. In that case, you might face weighty assault or criminally negligent homicide, which comes with an obligatory prison sentence starting at 2.5 years, and this might increase based on the intensity of the incident.

In these scenarios, penalties can escalate quickly, especially if there is a history of offenses. Understanding the gravity of these implications can help you prepare for your defense. The Arizona Bar’s Criminal Jury Instructions provides more insight into the theme.

How a DUI Conviction Affects Your Life

Beyond the immediate legal consequences, this type of conviction can have long-lasting effects on various aspects of your life. These collateral impacts might include:

• Professional license suspension or revocation: Many professionals, such as doctors, lawyers, and nurses, can lose their certification if convicted.
• Travel restrictions: Certain countries, including Canada, may deny entry to individuals with a charge.
• Higher insurance premiums: You can face substantially increased car insurance rates, and some companies could require an SR-22 certificate to verify your coverage.
• Employment challenges: A felony often appears on background checks, making finding or keeping a job more difficult.

These additional repercussions could affect both your personal and professional life for years after the condemnation, which underscores the priority of addressing your defense with the utmost seriousness.

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Aggravated DUI Felony (ARS 28-1383)

Impaired driving in Arizona falls under ARS 28-1383, which outlines the specific conditions that may elevate it to a felony offense. These include:

• Committing a third DUI offense within seven years.
• Driving with a suspended or revoked license at the time of the charge.
• Driving under the influence with a minor under the age of 15 in the vehicle.
• Being required to use an ignition interlock device but failing to do so.

When each of these circumstances leads to serious outcomes, including imprisonment, substantial fines, and extended permit suspensions. 

Aggravated DUI vs. DWI: Key Differences

You may have seen Driving Under the Influence and Driving While Intoxicated used interchangeably, but they aren’t always the same. DUI usually refers to alcohol-related offenses, while DWI can refer to driving while impaired by drugs, including prescription medications. The primary distinction is that an aggravated DUI in Arizona refers to more severe circumstances, such as multiple offenses or having a child in the vehicle, which can elevate the charge to a felonious act.

Penalties for Aggravated DUI

The sanctions are based  on the specific details of your case but generally include:

• Prison sentences: The first time you commit this transgression, it carries a mandatory minimum of four months in state prison.
• Fines: Depending on the severity of the offense, you may face surcharges of $4,000 to $10,000.
• License suspension: You can lose your driving privileges for up to three years following a conviction.

These penances could escalate if you have prior convictions or if the enhanced accusation involves additional criminal behavior.

Extra Punishments for Aggravated DUI

In addition, you can face other forfeitures, such as:

• Mandatory alcohol education or treatment programs.
• Community service requirements.
• Probation, which may place restrictions on your activities and require regular check-ins with an officer.

These extra implications might make life more difficult after a sentence, and they highlight the importance of vigorously defending yourself.

Defenses Against Aggravated DUI

All hope is not lost if you’ve been charged with a heightened impaired driving violation. There are numerous potential strategies your attorney might use to reduce or dismiss the allegations. For instance:

• Challenging the traffic stop: If the officer did not have a valid reason to stop you, any evidence collected during the stop might be inadmissible.
• Disputing test results: Mistakes in administering or analyzing breathalyzer or blood tests can lead to inaccurate results, which may benefit your case.
• Negotiating plea deals: Your aggravated DUI Arizona attorney may be able to negotiate with prosecutors to reduce the charge from a felony to a misdemeanor, potentially resulting in less severe repercussions.

Having a knowledgeable attorney who is well-versed in Arizona’s laws is crucial for mounting an effective defense. If you’re dealing with an escalated DUI in Glendale, AZ, it’s vital to work with a legal firm that understands the local court system and has experience handling this type of case. Contact the Law Offices of John Phebus today for a consultation, and let’s start building a strong defense together.

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John Allen Phebus

Experienced Personal Injury & Criminal Defense Attorney

John Phebus is a seasoned attorney specializing in personal injury and criminal defense law. With a focus on DUI defense, vehicular crimes, and serious injury cases, John has been fiercely advocating for his clients, ensuring they receive the representation and compensation they deserve. His expertise and dedication have led to numerous successful outcomes. If you’re seeking a knowledgeable and passionate attorney who will fight for your rights, John Phebus is here to help.

Years of experience: +30 years

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