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What is an Aggravated DUI in Arizona A.R.S. 28-1383

In Arizona, an aggravated DUI is typically a more serious offense than a standard DUI. It involves specific factors that aggravate the situation, leading to enhanced penalties.

  • Factors that Can Lead to Aggravated DUI Charges:

    • Multiple Offenses: If you have previous DUI convictions within a certain time frame, a subsequent DUI may be charged as aggravated.
    • License Suspended or Restricted: Driving with a suspended, revoked, or restricted license due to a prior DUI conviction can result in aggravated DUI charges.
    • DUI with a Minor in the Vehicle: If you are arrested for DUI with a passenger who is under the age of 15, you may face aggravated charges.

Drunk driving is known by a variety of names such as:

  • driving under the influence (DUI)
  • driving while impaired (DWI)
  • operating under the influence (OUI)
  • operating while impaired (OWI)
  • driving under the influence of intoxicants (DUII)
  • driving while under the influence (DWUI)

The mere fact that driving intoxicated or under the influence may be called by different phrases, the consequences of such a conviction can be devastating.  So no matter what you call it, one should seriously consider hiring a competent, experienced lawyer to represent them.

Penalties for an Aggravated DUI charge in Arizona A.R.S. 28-1383

The penalties for aggravated DUI in Arizona can vary depending on the specific circumstances of the offense. Keep in mind that laws can change, so it's important to consult the most recent legal sources or speak with an attorney for up-to-date information. Here are some general guidelines regarding penalties for aggravated DUI in Arizona:

  • First Offense (Class 4 Felony):

    • Minimum 4 months in prison.
    • Fines and fees.
    • Driver's license revocation for one year.
    • Installation of an Ignition Interlock Device (IID) after the license revocation period.
  • Second Offense (Class 4 Felony):

    • Minimum 2.25 years in prison (with a maximum of 7 years).
    • Fines and fees.
    • Driver's license revocation for one year.
    • Mandatory alcohol or drug treatment program.
    • Installation of an IID after the license revocation period.
  • Third or Subsequent Offense (Class 4 Felony):

    • Minimum 4.5 years in prison (with a maximum of 7 years).
    • Fines and fees.
    • Driver's license revocation for one year.
    • Mandatory alcohol or drug treatment program.
    • Installation of an IID after the license revocation period.

Defenses for an Aggravated DUI charge in Arizona

Defending against an aggravated DUI charge in Arizona requires a careful examination of the specific circumstances surrounding the arrest. While each case is unique, here are some common defenses that may be employed:

  1. Illegal Stop or Arrest:

    • If law enforcement did not have a valid reason to stop your vehicle or lacked probable cause for the arrest, evidence obtained during the stop may be challenged as inadmissible.
  2. Inaccurate Field Sobriety Tests:

    • Field sobriety tests are subjective, and factors such as weather conditions, physical fitness, and medical conditions can affect the results. Challenging the accuracy and reliability of these tests may be a defense strategy.
  3. Breathalyzer or Blood Test Errors:

    • Errors in the administration of breathalyzer or blood tests can occur. Calibration issues, improper handling of samples, or failure to adhere to testing procedures can lead to inaccuracies that can be challenged in court.
  4. Rising Blood Alcohol Content (BAC):

    • The "rising BAC" defense argues that your blood alcohol content was within legal limits at the time of driving but increased by the time you were tested. This can be due to the body's natural metabolism of alcohol.
  5. No Probable Cause for Aggravation:

    • If the factors leading to aggravated DUI charges, such as a prior conviction or a minor in the vehicle, cannot be proven beyond a reasonable doubt, it may be possible to challenge the aggravating factors.
  6. Medical Conditions:

    • Certain medical conditions or medications can affect a person's ability to perform sobriety tests or may result in a false positive on a breathalyzer test. This can be used as a defense in some cases.
  7. Chain of Custody Issues:

    • If there are questions about the proper handling and documentation of blood samples, it may be possible to challenge the evidence based on chain of custody issues.

Contact Brian Di Pietro Law, PLLC. Arizona's Most Experienced, Tough Lawyer for DUI/DWI Criminal Charges!

Attorney Brian Di Pietro has successfully represented many clients who had been charged with DUI/DWI. His success is a result of his 38 years of criminal law both as a prosecutor and defense counsel. He is familiar with the case law applicable to the charge of DUI/DWI and is able to use this knowledge combined with his aggressive approach to defending his clients that have resulted in the favorable resolution for his clients. Contact him now at 623-242-2655 for a free confidential case evaluation about your DUI/DWI charges in Arizona.

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