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A DUI charge in Arizona is typically considered to be a misdemeanor. However, aggravated DUI AZ charges and extreme DUI Arizona charges have harsher penalties and are prosecuted as a felony charge. The state of Arizona takes driving under the influence very seriously, as it has some of the strictest laws in the country when it comes to DUIs. This is especially so if there are aggravating factors involved. A charge of aggravated DUI can bring about some very serious consequences that may negatively impact you for the rest of your life. If you or a loved one received an aggravated DUI in Arizona, seek legal help from our experienced Phoenix criminal defense attorneys at Ybarra Maldonado Law Group as soon as possible.
Aggravated DUIs refer to charges brought upon a person who was caught driving under the influence with specific aggravating factors. This means that in addition to the criminal offense of driving while drunk or on drugs, the person was also found to be committing another offense. Some of these additional offenses, or “aggravating” factors, might include:
Driving under the influence with a minor in the vehicle (child below the age of 15).
Driving under the influence without a license or one that is suspended, revoked, or otherwise restricted.
Receiving multiple DUIs within a certain period of time.
Period of time varies depending on the state in which the crime occurs. In Arizona, the driver must have received two prior DUIs within the past 7 years.
Recklessly driving or excessively speeding while under the influence.
Driving with an extremely high BAC (also known as an extreme DUI, as seen below).
Driving under the influence and causing serious bodily harm or injury to another person.
Many people wonder, "Is a DUI a criminal offense or a civil offense?" An aggravated DUI AZ charge is much more serious than that of a typical DUI or DWI. As such, they carry harsher penalties for those who receive them. In most aggravated DUI cases, those convicted will be facing mandatory imprisonment and hefty fines.
For a first offense aggravated DUI in Arizona, it will be considered a class 4 felony. With this charge, you can expect anywhere between 4 months to 3.25 years in prison. It is also possible that the judge will order you:
A minimum of $4,700 in fines
Mandatory alcohol counseling
Probation, up to 10 years
Community service
Driver’s license revoked
2 years of an ignition interlock device in your vehicle
Beating an aggravated DUI AZ charge can be difficult, though not impossible. To do this, you must have a highly skilled and experienced DUI lawyer representing you. He or she will give you your best bet at negotiating a lesser charge or penalty or even fighting the charges altogether.
At Ybarra Maldonado Law Group, our attorneys have a successful track record in negotiating the best deal for our clients and ensuring they get off with the least amount of punishment possible.
An aggravated DUI conviction will appear on your criminal record forever. The court system, FBI, Department of Public Safety, and other entities may have access to these records. Not only can it harm your reputation, but it can significantly affect your ability to get things like jobs, housing, or scholarships. Unless you are able to expunge or “set aside” your criminal aggravated DUI AZ charge, it will permanently stay on your record.
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Aggravated DUI Arizona Penalties
The penalties for aggravated DUIs depend on the number of times the offense has occurred in the past. For someone’s first time receiving an aggravated DUI AZ offense, they can expect at least four months in jail, a term of supervised probation, a license revocation for at least one year, and required attendance of substance abuse classes. The second time an individual receives an aggravated DUI charge, they may expect all of the same penalties, only the prison sentence may be increased up to seven years. Any subsequent charges following the second aggravated DUI offense can potentially lead to up to 15 years in prison. Working with an Arizona traffic lawyer can greatly increase your chances of having your charges reduced or even dropped.
Extreme DUI in AZ
An extreme DUI, mentioned above, differs from an aggravated DUI in that it occurs specifically when an individual is driving with an extremely high blood alcohol content level. The level is considered extremely high if it falls anywhere between 0.15 and 0.19 percent. Keep in mind, the legal limit in Arizona as well as in most other states is 0.08%.
According to Arizona DUI laws, first offense extreme DUI Arizona penalties include a minimum of $2,500 in fines and 30 days in jail. The offender also faces the loss of their driver’s license for up to 90 days and may be required to install an ignition interlock device in their vehicle for one year.
If an individual is arrested for driving with a BAC of 0.20 or more, 2.5 times higher than the legal limit, this is what would be considered a super extreme DUI. A super extreme DUI would carry even harsher penalties and fines than an extreme DUI. A first offense super extreme DUI may result in $3,250 in fines, 6 months in jail, and driving privileges suspended for one year. The offender must also install an ignition interlock device in their vehicle for two years.
For both extreme and super extreme DUIs, any subsequent offenses increase the penalty. If you need a Class 6 felony lawyer or a lawyer for the lower classes, you need an attorney with our firm.
Contact the Phoenix Aggravated DUI Attorneys at Ybarra Maldonado Law Group
Facing an aggravated DUI AZ charge can wreak havoc on your life and your future. The repercussions of this offense can stick with you and your family for a lifetime. It is crucial that you protect yourself and your rights with the best defense there is: Ybarra Maldonado. We handle Arizona expungements, including Arizona Prop 207 expungements for those looking to set aside their criminal records. We can even attempt to negotiate a suspended sentence for your charges.
Call our team of passionate and highly skilled criminal defense attorneys at (602) 905-9299 or fill out our online form to schedule your case evaluation.
