Arizona Aggravated DUI Attorney

Aggravated DUI are the only DUI charges in Arizona that are felonies. The aggravated DUI statute is in A.R.S. 28-1383. Felony charges carry very serious penalties such as incarceration in the Department of Corrections, heavy fines, and a felony record on conviction. 

As with all DUI offenses, aggravated DUIs are nuanced cases and must be examined critically. There are a lot of moving parts involved with a DUI investigation and arrest from the time of the traffic stop, field sobriety testing, the arrest, chemical testing, and lab work. Each phase has plenty of room for error. For example, did police violate any of defendant's Constitutional rights? Did police follow their training protocols in executing standardized field sobriety testing? Were standards of quality and care maintained and followed throughout testing and lab work? 

Scottsdale Aggravated DUI Attorney, Dave Smith looks for the weaknesses in the state's case to attack their evidence with the goal of destroying their case against his client. That's how he gets results. 

Call / Txt me 24/7 for initial consultation or legal emergency: (602) 813-3004

A person will be charged with aggravated DUI if they commit a DUI while their driver's license is suspended, canceled, revoked or refused or while a restriction is placed on the person's driver license as a result of a previous DUI. This statute is A.R.S. 28-1383(A)(1).

For example - if you have a prior DUI conviction and your license is suspended and you decide to drive anyway and then commit another DUI, you will be charged with aggravated DUI. If your license is suspended for a different reason (not a prior DUI), you may still be charged with aggravated DUI. However, these types of cases require the state to prove not only the DUI but also the notice requirements of the driver's license suspension. Scottsdale criminal defense lawyer, Dave Smith is prepared to hold the state accountable and challenge the charges on his client's behalf.  

This offense is a class 4 felony. 

A person can also be charged with aggravated DUI if they already have two prior DUI convictions within 7-years (84 months) and they commit a third DUI. This circumstance turns what potentially could have been a misdemeanor DUI into a felony due to having two prior DUIs within 7 years. A.R.S. 28-1383(A)(2).

The state has the burden to prove the defendant's guilt beyond a reasonable doubt on the DUI. This is the highest burden of proof in the judicial system. Additionally, the state also has the burden to prove the prior offenses in order to aggravate the current offense. Out of jurisdiction prior convictions (out of state) may also be used. Fortunately, Attorney Smith is experienced with Arizona caselaw and is skilled at defending allegations of prior convictions.   

This offense is a class 4 felony.

If a person is driving DUI on drugs or alcohol in their system while a child under the age of 15 is in the vehicle, that person has committed aggravated DUI. A.R.S. 28-1383(A)(3). 

This category of DUI is a class 6 felony.

There are many factors that could impact the results of a class 6 aggravated DUI offense. For example, mitigating factors could be present that Attorney Dave Smith could use to his client's advantage and negotiate for reduced charges or for a class 6 undesignated felony. A class 6 undesignated felony can later be reduced to a class 1 misdemeanor for a much more favorable result.

A person can also be charged with aggravated DUI if they commit a DUI while they currently have an ignition interlock device (IID) requirement. This would happen if the person had a prior DUI conviction and had an IID currently installed (or were under court order to) and then drove while DUI. A.R.S. 28-1383(A)(4).

This offense is a class 4 felony.

Finally, a person would be charged with aggravated DUI if they commit a violation of the DUI statutes while driving the wrong direction on the highway.

This offense is a class 4 felony.