Help from an AZ Criminal Defense Attorney
Most DUIs in Arizona are treated as a Class 1 Misdemeanor. However, some violations are prosecuted as a Class 4 Felony. Those include: a 3rd DUI within 7 years; a DUI while driving on a suspended, restricted, or revoked license; and a DUI while ordered to have an Ignition Interlock Device in a vehicle. Penalties for felony convictions are generally greater than for misdemeanors and will remain on your criminal record, branding you a felon. As a Gilbert criminal defense attorney, I may be able to help you avoid that fate.
If you are convicted of having a third DUI violation within 7 years (84 months) of two previous DUI convictions, you will be convicted of an aggravated DUI. For purposes of this law, it does not matter whether the first, second, or third DUI was a regular DUI, Extreme DUI, or Super Extreme DUI. Your 3rd DUI within 7 years will be treated as a felony DUI.
DUI on a Suspended or Restricted License
If a person is driving while under the influence of alcohol or drugs at a time when their driver's license is suspended, canceled, revoked, refused, or restricted for an alcohol-related offense, they will be charged with aggravated DUI.
DUI with an Ignition Interlock Device
If you get a DUI while you have been ordered by the court to equip your car with a certified Ignition Interlock Device (IID), the offense will be prosecuted as an aggravated DUI. An IID is often ordered after someone has been convicted for multiple DUIs, or a Super Extreme DUI.
DUI with a Passenger Under the Age of 15
If a person is driving while under the influence of alcohol or drugs at a time when they have a person under the age of 15 years in the car, they will be charged with aggravated DUI. This is actually a Class 6 Felony, with enhanced penalties to match.
Aggravated DUI Penalties
An aggravated DUI is a felony conviction and carries increased sentences. A conviction for a second or third felony aggravated DUI carries even greater penalties.
If you are convicted of a first time aggravated DUI, you could face a sentence of:
- From four (4) months to more than 3 years and 9 months in jail.
- Driver's license revoked for three (3) years.
- Community Service.
- Probation for up to 10 years.
- Fines up to $150,000 plus an 80% surcharge.
- $250 fee to the Arizona DUI Abatement Fund.
- $1,500 fee to the Prison Construction and Operations Fund.
- $1,500 fee to the Department of Public Safety.
- Vehicle impounded for 30 days PLUS possible forfeiture.
- Ignition interlock device in your vehicle for two (2) years.
If you have been arrested for an aggravated DUI anywhere in the Phoenix Metro Area, call the one Gilbert criminal defense attorney who is a both former police officer and prosecutor.
Take action NOW by contacting me at The Law Offices of Jonathan Warshaw at 480-390-2537.