Class 6 or Class 4 Felony – DUI Defense
Aggravated DUI Tempe
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.
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Aggravated DUI does not refer to the blood alcohol level of the accused driver; 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 and knew it.
- 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 very severe penalties provided for those serious felonies.
What Are The Punishments For Aggravated DUI?
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, or while the driver license was suspended with knowledge, is a Class 4 felony, carry a four-month mandatory minimum jail sentence, three-year revocation, more than $3,000 in fines, and two-five years of probation as the lightest available penalties upon conviction. The class 4 felony is a "forever felony" conviction.
As of 1/1/2012, the way that the jail and/or prison sentence is served has changed greatly. Before 1/1/2012, if convicted of the class 4 Aggravated DUI, the 4 month sentence had to be in prison. Now there are options. If the Judge chooses, you can be sentenced to County Jail instead of prison. Of the 120 days to be served, 20% or 36 days would be in jail and the rest on home monitored detention. If the sentence is for 4 months prison, the the Department of Corrections is permitted to release you on monitored home detention after you serve 36 days. These provisions are brand new and many lawyers don't even know about them. We are equipped and ready to get you every break that we can!
How We Can Help You
In defending you on aggravated DUI charges, our Aggravated DUI 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. A successful attack can sometimes win the case or in the alternative, get a greatly reduced plea.
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.