Phoenix Aggravated DUI Attorney

Last Modified: July 10, 2024
Phoenix aggravated DUI attorney

Facing an aggravated DUI charge in Phoenix can be overwhelming and frightening for your future and the consequences of such a serious charge. Our law firm knows how to defend clients against aggravated DUI offenses. We offer skilled legal representation, striving to ensure the best possible outcome for you.

Our experienced DUI defense attorney understands the severity of aggravated DUI charges. We know the impact they can have on your life. You might face the loss of driving privileges and potential jail time.

At Genesis DUI & Criminal Defense Lawyers, we believe in a proactive and informed defense strategy to protect your interests. A felony conviction for an aggravated DUI offense can change your life forever.

Learn more about aggravated DUI below. Then, contact our aggravated DUI lawyer to schedule a free case evaluation.

Our Phoenix Aggravated DUI Attorney Understands the Gravity of These Charges

Our Phoenix aggravated DUI attorney understands the gravity of these charges

An aggravated DUI is not just a simple traffic offense. It is a serious criminal charge that can lead to severe penalties. Our Phoenix aggravated DUI attorney has the expertise and knowledge to handle these complex cases.

We understand that each case is unique, with its own circumstances and challenges. This understanding drives our commitment to providing personalized legal strategies tailored to each client's needs.

Handling aggravated DUI cases requires a deep understanding of Arizona law and a strategic approach to defense. Our team is equipped with the resources and legal insight to challenge the prosecution's case effectively.

We focus on minimizing the impact of the charge on your life and aim for outcomes that protect your freedom and future. Trust our team to navigate the legal system and advocate fervently on your behalf.

What is Aggravated DUI?

In Phoenix, an aggravated DUI is a DUI offense that meets certain criteria, making it more severe than a standard misdemeanor DUI. This felony offense can occur under various circumstances.

Examples include when someone commits a DUI with a suspended or revoked license. It also includes when they have multiple DUI convictions within a specific timeframe. Understanding what constitutes an aggravated DUI is crucial for anyone facing these charges.

An aggravated DUI can be charged if an individual was arrested for DUI while a minor was present in the vehicle. It could also be aggravated if it is their third DUI offense within seven years. All These factors elevate the severity of the charge and result in more stringent penalties under Arizona law. Our DUI attorney is experienced in handling such difficult cases and offers the guidance and defense you need.

According to Arizona Revised Statutes §28-1383, an aggravated DUI includes scenarios where a person commits a third DUI violation within 84 months. It also includes driving under the influence with a suspended, canceled, revoked, or refused license.

Aggravated DUI also includes a DUI with a person under 15 years of age in the vehicle. Understanding this statute is essential for defending against these charges.

Differences Between Standard and Aggravated DUI

Difference between standard and aggravated DUI

A standard DUI typically involves driving under the influence of alcohol or drugs but does not include aggravating factors that would elevate it to a felony. These are generally misdemeanor offenses with penalties like fines, mandatory education courses, or short-term jail sentences.

An aggravated DUI, on the other hand, is considered a felony offense. This escalation in classification is due to factors that increase the risk or potential harm of the DUI, such as prior DUI convictions, driving on a suspended license, or causing a crash while DUI.

The transition from a misdemeanor to a felony reflects the increased danger and potential repercussions of the actions involved. We also defend clients against charges of extreme DUI and super extreme DUI.

Factors That Elevate a DUI to Aggravated Status

Driving under the influence (DUI) is a serious offense with significant legal consequences. However, certain circumstances can elevate a standard DUI charge to an aggravated DUI, leading to harsher penalties. Here are some factors that change a simple DUI charge to an aggravated DUI offense:

  • Multiple DUI convictions. Having multiple DUI convictions in a seven-year window can elevate a new DUI charge to aggravated status. This reflects a pattern of behavior that the legal system aims to address more severely.
  • Driving on a suspended license. Committing a DUI while your license is suspended, revoked, or canceled also leads to aggravated DUI charges. This situation shows a disregard for legal restrictions and increases the severity of the offense.
  • DUI with a minor in the vehicle. If you are arrested for DUI with a child under 15 years old in the car, it is automatically classified as aggravated. This factor considers the added risk to minors.
  • Causing serious injury or damage. If a DUI leads to a crash that causes major injury or significant property damage, the charges can be elevated to aggravated DUI. This reflects the increased consequences of driving behavior.

Penalties for Aggravated DUI in Phoenix

Penalties for aggravated DUI in Phoenix

The penalties for an aggravated DUI in Phoenix are severe and designed to deter repeat offenses and protect public safety. These can include extended jail time, hefty fines, and long-term suspension or revocation of driving privileges.

The exact nature of your sentence will depend on the class of felony you are charged with and the presence of possible aggravating circumstances. You could face multiple years in jail if convicted. You could even lose your right to vote.

An aggravated DUI conviction can result in mandatory imprisonment, installation of an ignition interlock device in your vehicle, and mandatory alcohol education programs.

According to Arizona Revised Statutes §28-1383, penalties can also include community restitution and supervised probation, emphasizing rehabilitation alongside punishment. The statute outlines specific minimum sentences and penalties based on the circumstances of the DUI, underscoring the severity of these offenses.

Impact on Driving Privileges

An aggravated DUI conviction in Phoenix almost always results in the loss of driving privileges. It ranges from months to several years, depending on the severity of the offense and prior convictions.

The reinstatement of driving privileges after an aggravated DUI involves a complex process. You may be required to install an ignition interlock device in your car, undergo alcohol or drug treatment programs, and prove that you are no longer a risk to public safety.

Our DUI lawyer can help you understand these requirements and assist in restoring your driving privileges.

Steps to Take After an Aggravated DUI Arrest

Being arrested for an aggravated DUI is a serious matter that requires immediate and strategic action. The following steps can help you navigate this challenging situation and achieve a favorable outcome. Here's what you need to do if you have been arrested for an aggravated DUI:

  1. Contact a DUI lawyer immediately. After an arrest, it's crucial to seek legal representation. A knowledgeable DUI attorney can help you through the legal process and protect your rights.
  2. Do not make any statements. It's important only to discuss your case with your attorney. Statements made can be used against you in court.
  3. Comply with all legal requirements. Follow any instructions given by law enforcement or the court. Non-compliance can worsen your situation.
  4. Document everything. Keep a record of all details related to your arrest and charges. This information can be vital for your defense.
  5. Attend all court appointments. Missing a court date can result in additional charges or a warrant for your arrest. Always be punctual and prepared.
  6. Discuss possible plea deals. Your attorney might negotiate a plea deal to reduce your charges or penalties. Understand all your options.
  7. Prepare for a long legal process. Aggravated DUI cases can take time to resolve. Patience and cooperation with your lawyer are key to managing this process.

Defending Against Aggravated DUI Charges

Defending against aggravated DUI charges

Defending against aggravated DUI charges requires a thorough understanding of DUI laws and a strategic approach to challenging the prosecution's evidence. Our attorneys are experienced in dissecting the circumstances of each case to build an effective defense. We focus on every detail to ensure the best possible outcome for our clients.

Challenging the Legality of the Traffic Stop

One common defense strategy is to question the legality of the initial traffic stop. If the stop was made without probable cause, it might be possible to suppress the evidence obtained during the stop. This could significantly weaken the prosecution's case against you.

Questioning the Accuracy of BAC Tests

Another key defense is challenging the accuracy of blood alcohol content (BAC) tests. These tests can be prone to errors, from improper administration to faulty equipment. Demonstrating these inaccuracies can cast doubt on the evidence used to support the charges against you.

Exploring Mitigating Circumstances

Mitigating circumstances can also play a crucial role in your defense. If there were factors that contributed to the offense that could lessen the severity of the charges, they should be brought to light. This might include unusual stress, lack of intent, or even medical conditions that affect perceived impairment.

Importance of Hiring a Phoenix Aggravated DUI Attorney

Hiring an experienced DUI attorney is crucial when facing aggravated DUI charges. The complexities of DUI laws and the potential consequences of a conviction require expert navigation. Our attorneys are skilled in developing defense strategies that protect your rights and aim for the best possible outcome.

Expertise in DUI Laws and Defense Strategies

Our DUI lawyers deeply understand DUI laws and the nuances of DUI defense strategies. This expertise allows us to challenge the prosecution's case effectively and explore all possible avenues for defense.

Helping You Through the Legal Process

The legal process can be overwhelming, especially when facing serious charges like aggravated DUI. Our attorneys guide you through each step, ensuring you understand your rights and the proceedings. We handle all the legal complexities, allowing you to focus on other aspects of your life.

Negotiating Plea Bargains and Sentencing Alternatives

In some cases, negotiating plea bargains and sentencing alternatives can reduce charges or penalties. Our attorneys are experienced in negotiations and can advocate for terms that are more favorable to you, including reduced fines, alternative sentencing options, or even dismissal of charges under certain conditions.

FAQs for Phoenix Aggravated DUI Attorney

What constitutes an aggravated DUI in Phoenix?

An aggravated DUI in Phoenix can be charged if the driver has multiple prior DUIs, drives on a suspended license, has a minor in the vehicle, or has a very high blood alcohol content (BAC).

How can a Phoenix aggravated DUI attorney help reduce my charges?

A skilled attorney can help by examining the details of your arrest, challenging the evidence, negotiating with prosecutors, and presenting mitigating factors to reduce the charges or penalties.

What are the potential penalties for an aggravated DUI in Phoenix?

Penalties for an aggravated DUI can include lengthy jail time, substantial fines, mandatory alcohol education programs, installation of an ignition interlock device, and a lengthy license suspension.

Contact Our Phoenix Aggravated DUI Attorney for a Free Case Consultation

Contact our Phoenix aggravated DUI attorney for a free case consultation

If you or someone you know is facing aggravated DUI charges, don't hesitate to call Genesis DUI & Criminal Defense Lawyers for a free consultation.

Our Phoenix aggravated DUI attorney is ready to help you understand your charges and explore your legal options. We are committed to providing the best defense possible and protecting your future.

Contact us to schedule your free case review.

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