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What Constitutes an Aggravated DUI Offense?
Felony DUI, also known as Aggravated DUI, is the most serious type of DUI that a driver can receive. According to Arizona Revised Statutes §28-1383, there are five different situations in which someone could be charged with aggravated DUI rather than standard, extreme, or super extreme DUI.
- Commits a DUI when their license is suspended (Class 4)
- Receives 3 or more DUIs in a 7-year period (Class 4)
- Commits DUI with a passenger under the age of 15 (Class 6)
- Commits a DUI when they have a restriction for an ignition interlock (Class 4)
- Drives the wrong way on a highway while committing a DUI (Class 4)
Most variants of aggravated DUI require a convicted party to serve a minimum of four months in jail before they are eligible for probation or parole. A conviction would also subject a defendant to a three-year license suspension, at least one year of mandatory IID installation after their license is restored, and steep fines and court costs. In addition, an aggravated DUI conviction can cause a driver to become a convicted felon which could hinder employment opportunities for life. Due to the harsh penalties associated with an aggravated DUI, seeking an experienced local attorney is imperative.
Please note that a driver can receive multiple counts of aggravated DUI for the same arrest. For instance, if they commit a DUI on a suspended license with a passenger under the age of 15, then they would receive 2 such counts. The consequences for a felony DUI tend to be much harsher than a misdemeanor, or even extreme, DUI. Not counting potential increases in jail time or fines, drivers convicted of aggravated DUI may see adverse consequences in employment, housing, firearm possession, and voting.
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Aggravated DUI Case Process in Chandler
Just like any other driving under the influence offense, aggravated DUI cases typically stem from traffic stops or DUI checkpoints where a police officer asks a driver to complete a field sobriety test or detains the driver for chemical blood alcohol testing at a DUI processing site. Drivers in Chandler have the right to refuse participation in both tests but doing so will automatically result in a lengthy license suspension.
A person whose license is suspended following a DUI arrest has 14 days to request a Motor Vehicle Department license hearing, during which they can challenge their license suspension in particular without any bearing on their ensuing criminal case. Regardless of how this hearing goes, or whether it occurs at all, a defendant charged with aggravated DUI will then have to argue in court that they were not intoxicated at the time of driving if they want to avoid a felony conviction. Representation from a skilled defense lawyer is usually crucial to achieving positive outcomes in Chandler aggravated DUI cases.
Contact a Chandler Aggravated DUI Attorney Today
A felony conviction of any kind will have permanent implications on your personal and professional opportunities, and felony DUI charges can have especially devastating consequences. In addition to steep fines and mandatory jail time, you may end up with a lengthy or even permanent license suspension, as well as the potential for increasingly severe penalties if you are arrested for DUI again in the future.
If you want to effectively defend your best interests when facing felony DUI allegations, hiring a dedicated Chandler aggravated DUI lawyer is advisable. Call today to find out how an experienced legal representative could help you. We are here to help.
