Lawrence Koplow, Aggravated DUI Attorney / Lawyer, Arizona
Aggravated DUI is one of the most serious vehicular crimes in Arizona. The crime is codified in subsection 28-1383 of the Arizona Revised Statutes. It is one of the few crimes that can require a mandatory prison term for first time felony offenders.
ELEMENTS OF AN AGGRAVATED DUI
Under Arizona law, a person is guilty of Aggravated DUI, sometimes known as felony DUI, if the person does any of the following:
- Commits a violation of section 28-1381 (DUI), section 28-1382 (extreme DUI) or this section while the person's driver license or privilege to drive is suspended, canceled, revoked or refused or while a restriction is placed on the person's driver license or privilege to drive as a result of violating section 28-1381 or 28-1382 or under section 28-1385.
- Within a period of eighty-four months commits a third or subsequent violation of section 28-1381 (DUI), section 28-1382 (extreme DUI) or this section or is convicted of a violation of section 28-1381, section 28-1382 or this section and has previously been convicted of any combination of convictions of section 28-1381, section 28-1382 or this section or acts in another jurisdiction that if committed in this state would be a violation of section 28-1381, section 28-1382 or this section.
- While a person under fifteen years of age is in the vehicle, commits a violation of either the DUI or extreme DUI statutes
- While the person is ordered by the court or required pursuant to section 28-3319 by the department to equip any motor vehicle the person operates with a certified ignition interlock device, does either of the following:
(a) While under arrest refuses to submit to any test chosen by a law enforcement officer pursuant to section 28-1321, subsection A.
(b) Commits a violation of section 28-1381 (DUI), or section 28-1382 (extreme DUI).
Aggravated DUI is a class 4 felony when the person is alleged to have committed a DUI while his license was suspended, revoked, canceled or restricted (including an ignition interlock). It is also a class 4 felony when it is alleged that the person committed a third DUI within 84 months. Moreover, Aggravated DUI is a class 6 felony when it is alleged that the person committed a DUI offense and there was a person under the age of 15 years old is in the automobile. It is also a class 6 felony to have a requirement of an ignition interlock device and while under arrest refuse to submit to any test chosen by a law enforcement officer pursuant to Arizona's implied consent law.
PENALTIES FOR AGGRAVATED DUI
The penalties for an Aggravated DUI will vary depending on portion of the statute violated. For class 4 felony DUI cases: "a person is not eligible for probation, pardon, commutation or suspension of sentence or release on any other basis until the person has served not less than four months in prison." The minimum prison term can be raised to eight months in certain circumstances. The term of imprisonment will be followed by a term of probation. However, it is important to remember that a judge is not required to sentence a person to these stated minimum terms. While uncommon, a judge does have the discretion to sentence a person to a longer term of prison.
For the class 6 felony, prison is not mandatory. However, a person will have to serve a term of jail. The minimum term of jail will be based on the results of the person's blood alcohol concentration test. Thus, the minimum term of jail will be either one day or ten days (soon to be increased by the legislature.)
Beyond incarceration, there are several other penalties that come with an Aggravated DUI conviction. Below is summary of a few of the potential penalties:
- Attend and complete alcohol or other drug screening, education or treatment from an approved facility;
- Revocation of the person's driving privileges;
- Require the person to equip any motor vehicle the person operates with a certified ignition interlock device;
- Order the motor vehicle owned and operated by the person at the time of the offense forfeited;
- Fine of not less than seven hundred and fifty dollars;
- Pay an additional financial assessments.
If you are charged with an Aggravated DUI offense then feel free to contact Lawrence Koplow online, or call him at his Phoenix / Scottsdale area office at (602) 494-3444 to discuss your legal options.