Arizona Aggravated DUI Attorney

Last Modified: April 8, 2024
Arizona aggravated DUI attorney

Facing an aggravated DUI in Arizona is a critical and stressful situation. This charge means you're accused of driving under the influence under circumstances that are even more severe than a regular DUI.

Our law firm, Genesis DUI & Criminal Defense Lawyers, specializes in defending clients against these tough charges. With a seasoned Arizona aggravated DUI attorney on your side, you stand a much better chance of navigating the legal system successfully.

An aggravated DUI in Arizona isn't just a minor legal issue; it's a felony DUI offense that can dramatically alter your life. Penalties are harsh and can include prison time, large fines, and the loss of driving privileges.

If you get caught up in an aggravated DUI in Arizona, our experienced legal team understands what's at stake and is dedicated to fighting for your rights and freedom. We're here to provide you with the support and defense you need during this challenging time.

Our Arizona Aggravated DUI Attorney Will Safeguard Your Rights

Our Arizona aggravated DUI attorney will safeguard your rights

When you're charged with an aggravated DUI, the first thing you need is a knowledgeable attorney who understands Arizona's DUI laws inside and out. Our Arizona aggravated DUI attorney is well-equipped to handle your case, offering expert legal advice and robust defense strategies. We'll work tirelessly to safeguard your rights.

Our defense approach is personalized, considering your situation's unique details. We believe in a proactive defense, meaning we start working on your case immediately. We collect evidence and build a strong argument on your behalf. With our attorney by your side, you can have peace of mind knowing that a skilled professional is fighting for the best possible outcome for you.

The Dangers of Driving Under the Influence: Why Arizona Has Strict Laws

Driving under the influence poses considerable risks to the driver and everyone else on the road. Arizona's strict DUI laws reflect the state's commitment to public safety. The consequences of impaired driving can be catastrophic, leading to accidents, injuries, and even death. That's why the penalties for DUI offenses, especially aggravated DUI, are so severe.

The state takes these cases seriously to deter individuals from making the dangerous decision to drive while impaired. If you're facing aggravated DUI charges, it's a clear sign that the legal system sees your actions as a major threat to public safety. Our team is ready to help you understand these charges and to navigate the legal challenges they bring.

The Serious Nature of Aggravated DUI Charges in Arizona

The serious nature of aggravated DUI charges in Arizona

An aggravated DUI charge in Arizona is not something to take lightly. This felony offense comes with penalties that can impact your life for years. Whether it's because of a high blood alcohol content (BAC), having multiple DUI offenses, or driving with a suspended license, the stakes are incredibly high.

If the individual or defendant has prior felony convictions, prison time increases substantially. Knowing the gravity of an aggravated DUI offense is the first step in preparing your defense. Our legal team is here to help you through this process, explaining the charges against you and what they could mean for your future. We're committed to providing a defense that addresses the specifics of your case and seeks to minimize the consequences.

Understanding What Constitutes an Aggravated DUI

  • Third DUI offense within seven years: Arizona law considers it an aggravated DUI if you've been convicted of two prior DUIs within the last seven years.
  • Driving on a suspended license: Being caught driving under the influence while your license is suspended automatically elevates the charge to aggravated DUI.
  • DUI with a minor in the vehicle: If you're arrested for DUI with a passenger under 15 years old, it's classified as an aggravated DUI.
  • Extreme DUI levels: An extremely high BAC can also lead to an aggravated DUI charge. Extreme DUI is defined as a BAC of 0.15% or higher, and super extreme DUI is a BAC of 0.20% or higher.
  • Ignition interlock device violation: Driving a vehicle without a court-ordered ignition interlock device when required due to a previous DUI conviction can result in an aggravated DUI charge.

The Legal Consequences of an Aggravated DUI Conviction

An aggravated DUI conviction in Arizona carries severe penalties. According to Arizona Revised Statutes (ARS §28-1383), the consequences can include a mandatory prison sentence, substantial financial penalties, and the suspension of your driving privileges.

  • Prison time: Convictions often lead to up to two years in prison for a first-time aggravated DUI offense.
  • Fines: Fines can exceed thousands of dollars, not including additional court costs and fees.
  • License suspension: An aggravated DUI conviction typically results in at least a one-year suspension of your driver's license.

If you have been arrested for agg DUI, then an experience DUI defense lawyer can help you. We will talk about the circumstances surrounding your DUI charges and present the options for a possible defense

Key Defense Strategies for Aggravated DUI Charges

  • Challenging the traffic stop: We may argue that the initial traffic stop was unlawful, lacking reasonable suspicion.
  • Disputing field sobriety test accuracyField sobriety tests are prone to errors. We'll question the procedures used and the officer's interpretations.
  • Contesting BAC test results: We scrutinize the accuracy of BAC testing equipment and the procedures followed during testing. Errors in testing can lead to inaccurate results that may not be admissible in court.

What Constitutes Probable Cause for a Traffic Stop?

Police officers must have probable cause to believe you were violating the law before stopping you. This means they must observe specific behaviors, such as erratic driving, that indicate impairment. Our attorney will examine the circumstances of your stop to ensure your rights weren't violated.

Field Sobriety Tests: Sometimes Performed Inaccurately

Field sobriety tests are not perfect and are often subjective. Factors like nervousness, medical conditions, or even the officer's bias can affect the results. We'll look into how these tests were conducted in your case.

Challenging the Accuracy of Blood Alcohol Content (BAC) Tests

BAC testing methods must be precise and accurate through breath, blood, or urine tests. We'll challenge any discrepancies in the testing process or the maintenance of testing equipment that could doubt the reliability of your BAC results.

The Rising BAC Defense

Your BAC level continues to rise even after you stop drinking. We can argue that your BAC was below the legal limit while you were driving but increased by the time the test was administered.

Aggravated DUI Arrest and Charges: The Steps

Aggravated DUI arrest and charges: the steps
  1. Traffic stop. The officer must have a valid or probable cause to stop you.
  2. Observation and testing. After stopping you, the officer will observe your behavior and may conduct field sobriety tests or a preliminary breath test.
  3. Arrest. If the officer believes there's enough evidence, you will be arrested for aggravated DUI.
  4. Booking. Following the arrest, you'll be booked at the police station, where your information and fingerprints are taken.
  5. Formal charges. The prosecutor or district attorney will parse the evidence and decide on the specific charges to file against you.
  6. Arraignment. You'll hear the charges against you at your arraignment and enter a plea.
  7. Case proceedings. Your case will then proceed through the legal system, potentially including pre-trial motions, negotiations, and possibly a trial.

Factors Determining Your Bail

  • Criminal history. Your criminal record, especially prior DUIs, will influence your bail amount.
  • Flight risk. Your bail could be higher if the court thinks you might flee before trial.
  • The severity of the offense. The more severe your aggravated DUI charge, the higher the bail might be set.
  • Employment Status. Being employed might result in a lower bail, as it indicates stability.
  • Community Ties. Strong ties to the community can also positively affect your bail, suggesting you're less likely to flee.

The Importance of an Early Defense Strategy

Starting your defense early gives you the best chance for a favorable outcome. An early defense allows us to gather evidence, interview witnesses, and develop a comprehensive strategy. It also means we can begin negotiations with the prosecutor sooner, potentially leading to reduced charges or a case dismissal.

Preparing for Court: Plea Deals vs. Trial

Deciding whether to accept a plea deal or go to trial is a critical decision. A plea deal might offer a guaranteed outcome with reduced penalties, but going to trial could result in acquittal. Our attorney will guide you through this decision-making process, weighing the strengths and weaknesses of your case.

Sentencing: Aggravating and Mitigating Factors

  • Prior DUI convictions. A prior felony conviction will likely result in harsher penalties.
  • BAC level. A higher BAC at the time of arrest can lead to more severe sentencing.
  • Endangerment. If your felony or misdemeanor DUI resulted in an accident or endangered others, your sentence might be more severe.
  • Cooperation with law enforcement. Being cooperative during your arrest can be a mitigating factor.
  • Completion of a DUI education program. Completing a DUI education program before sentencing can also mitigate your penalties.

What About a Diversion Program?

Diversion programs offer an alternative to traditional sentencing, focusing on rehabilitation rather than punishment. Eligibility for a diversion program depends on several factors, including your case's specifics and criminal history. These programs often involve education, counseling, and community service.

How Genesis DUI & Criminal Defense Lawyer Can Help Fight Aggravated DUI Charges

At Genesis DUI & Criminal Defense Lawyers, we understand the complexity of aggravated DUI charges and the impact they can have on your life. Our Arizona aggravated DUI attorney is committed to providing a strong defense tailored to the specifics of your case. We'll explore every avenue to protect your rights, from challenging evidence to negotiating with prosecutors.

With our legal team on your side, you can feel confident that your case is being handled with the proficiency and dedication it deserves. We're here to guide you through each step of the process, ensuring that you're informed and prepared for what's ahead. Our goal is to achieve the best possible outcome, whether that means fighting for a case dismissal, reduced charges, or presenting a strong defense at trial.

We understand the stress and uncertainty that come with facing aggravated DUI charges. That's why we're dedicated to offering legal representation, support, and guidance through this challenging time. With Genesis DUI & Criminal Defense Lawyers, you're not just getting an attorney; you're gaining a team committed to defending your freedom and future.

Connect With Our Arizona Aggravated DUI Attorney at Genesis DUI & Criminal Defense Lawyers

Connect with our Arizona aggravated DUI attorney at Genesis DUI & Criminal Defense Lawyers

If you or someone you love is facing aggravated DUI charges, it's important to act swiftly and secure experienced legal representation. Our Arizona aggravated DUI attorney is ready to help you navigate the complexities of your case and fight for your rights.

Felony DUI and aggravated DUI cases are always complicated. Prior felony convictions can raise the stakes even more, leading to enhanced aggravated DUI penalties. For these reasons, if you are facing felony aggravated DUI charges, contact us as soon as possible for a case consultation.

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