Aggravated DUI

Arizona Aggravated DUI - Class 6 or Class 4 Felony - DUI Defense

Unlike other Arizona DUI charges, the offense of aggravated DUI is a felony with a mandatory minimum sentence. Contact the Weingart Law Firm in Tempe without delay if you're facing the most severe of felony drunk driving charges.

Phoenix criminal trial lawyer Mark Weingart is Board Certified in criminal law by the Arizona Board of Legal Specialization. Like the Weingart Law Firm itself, Mark Weingart received the AV rating* under Martindale-Hubbell's peer review rating system. With more than 500 jury trials to his credit, Mark Weingart has the experience and courtroom skill necessary to develop and present the first-class defense you'll need to avoid the risk of prison on an aggravated DUI charge.

Aggravated DUI does not refer to the blood alcohol level of the defendant; any level higher than .15 percent is charged as extreme DUI, unless additional aggravating factors apply. Aggravated drunk driving charges will be filed on the basis of certain circumstances of the incident or characteristics of the defendant, so long as a blood alcohol level of .08 percent can be proved. These aggravating factors include:

• A third or subsequent DUI offense within the previous seven years
• Any DUI offense charged if the driver had a suspended, cancelled, or revoked license when arrested
• Any DUI offense charged while a minor younger than 15 years was in the vehicle

Drunk driving incidents resulting in serious injury or fatal accidents will be charged as aggravated assault, manslaughter, or negligent homicide, with the same penalties provided as for those serious felonies.

The punishments for aggravated DUI vary somewhat depending on the particular aggravating circumstance. For example, a first offense of DUI while a child is in the car is a Class 6 felony, but can actually be charged and punished as a misdemeanor albeit with a mandatory three-year revocation of the defendant's driver's license. By contrast, aggravated DUI charges based on a third offense within seven years, a Class 4 felony, carry a four-month mandatory minimum sentence, three-year revocation, more than $3,000 in fines, and five years of probation as the lightest available penalties upon conviction.

In defending you on aggravated DUI charges, our drunk driving defense attorneys use the full range of their skill and experience to achieve the best possible result under the facts. We challenge the probable cause for the arrest, the validity of any prior DUI convictions, and we work closely with outstanding forensic experts to attack the administration and results of any blood test or alcohol breath test.

For further information and a free consultation about our ability to protect your interests in an Arizona aggravated DUI case, contact the DUI defense lawyers at the Weingart Law Firm in Tempe.