Experienced Felony DUI Attorney in Mesa, AZ
Driving while under the influence of alcohol or drugs is always a serious charge and carries significant penalties. The impact on an offender’s life is heightened when the charge is aggravated DUI, which people often call felony DUI. Contact a Mesa felony DUI lawyer when you are arrested for driving under the influence with aggravating conditions.
A felony DUI conviction requires you to serve time in prison, not the county jail, and it carries all the other consequences of a felony conviction in Mesa, Arizona. You need an experienced Mesa DUI defense attorney to defend against a felony charge. Do not leave anything to chance if you are facing severe drunk driving charges!
Grand Canyon Law Group will offer a vigorous defense and help you achieve the most favorable results the circumstances permit.
For a free legal consultation with a felony dui lawyer serving Mesa, call 480-400-5555
CIRCUMSTANCES THAT MAKE A DUI A FELONY
Being in control of a vehicle while impaired by alcohol or drugs subjects a driver to DUI charges. An adult driver with a blood alcohol concentration (BAC) of .08 is presumed impaired and will face DUI charges, and so will an underage driver with any detectable alcohol in their blood. DUI is a misdemeanor charge, even when a driver’s BAC is two or three times the legal limit.
Certain factors, called aggravating conditions, allow a prosecutor to bring felony DUI charges, as described in Arizona Revised Statutes § 28-1383. A driver could face felony DUI charges if they were allegedly driving under the influence of alcohol or drugs and:
- Someone under 15 was in the vehicle
- Was going the wrong way on a highway or one-way street
- Their driver’s license was suspended, restricted, or revoked
- There is a valid court order requiring them to have an ignition interlock device on their vehicle
- They have two prior DUI convictions within the last seven years
DUI with a child in the car is a Class 6 felony and the other charges are Class 4 felonies. These charges are serious, which means you need to call us as soon as possible.
Mesa Felony DUI Lawyer Near Me 480-400-5555
PENALTIES FOR A CONVICTION OF FELONY DUI
Arizona’s sentencing guidelines offer judges limited discretion. In the case of aggravated DUI, the law requires offenders to serve mandatory sentences in prison. The time must be served on consecutive days, and there is no option for an offender to obtain early release.
1. PRISON TIME
Anyone convicted of DUI with a child in the car faces ten days in prison if their BAC was less than .15, 30 days in prison if their BAC was between .15 and .20, and at least 45 days in prison if their BAC exceeded .20.
Other felony DUI convictions carry harsher sentences. A first offender must serve at least four months in prison. Someone with two prior misdemeanor DUI convictions within seven years must serve at least eight months in prison.
When the offender has prior felony convictions that are not DUI-related, they face a presumptive sentence of four and a half years in prison with one prior, and ten years with two priors, though the time they must serve could be more or less than the presumptive sentence. A Mesa attorney could explain how various factors might influence a felony DUI sentence in a specific case.
2. LICENSE SUSPENSION
A driver convicted of felony DUI faces a minimum three-year license suspension. When they regain driving privileges, they must install an ignition interlock device at their own expense and maintain it for at least two years if they were under the influence of alcohol, and one year if they were under the influence of drugs.
3. OTHER PENALTIES
Anyone in Mesa convicted of felony DUI must undergo a drug and alcohol screening and complete any treatment the screening indicates is necessary. Offenders must attend traffic survival school, an eight-hour class monitored by the AZ MVD, in person. Fines and fees include a fine of not less than $750 and assessments amounting to at least $3,000, plus a driver with a felony DUI conviction faces much higher costs for car insurance.
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DEFENSES TO FELONY DUI CHARGES
People sometimes feel that once they flunk a breathalyzer or BAC test, there is no point in challenging a DUI charge. That is untrue. A lawyer can investigate whether the officer who administered the sobriety test had the proper training and qualifications, and whether the equipment was properly maintained and calibrated.
Some physical maladies can affect a test result. If the driver has such a condition or was not feeling well on the day of the arrest, those facts could offer a defense. Questioning whether the police had a valid reason to stop the vehicle and ask for a test could also be a fruitful strategy.
When a prosecutor chooses to bring a felony DUI charge, our Mesa lawyers could challenge the basis for doing so. For example, perhaps the prosecutor used the wrong dates when calculating the time between prior offenses, or court orders restricting the driver’s license might not have been valid at the time of the arrest. By scrutinizing the details, we can often find mistakes that can work in the accused’s favor.
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The DUI Court Process in Mesa, AZ
Understanding the DUI court process in Mesa, AZ, is crucial for anyone facing felony DUI charges. A DUI usually results from a police stop. Law enforcement is trained to look for signs of intoxicated driving, including sudden stops and swerving. After an arrest, drivers can face both criminal proceedings and administrative license hearings.
In Mesa, DUI cases are typically heard at the Mesa Municipal Court, 1 W. Main Street, Mesa, AZ 85201, or another area criminal court. According to federal data, an average of 600 people are killed in crashes every Fourth of July, and around 40% of those deaths involve impaired driving. In the Valley, the three recent Fourth of July DUI task force operations resulted in over 1,000 arrests.
The longest portion of any case is the pretrial period, where both the defense and prosecution review evidence, gather further evidence, and prepare their respective cases and arguments.
Knowing what to expect at a DUI trial in Arizona requires an understanding of evidence review, witness testimony, and possible plea bargains.
One potential outcome for your case is that prosecutors drop charges. If a witness turns out to be unreliable or prosecutors do not have enough evidence to continue pursuing their charges, they may drop them. The courts also have the option of dismissing a case on similar grounds.
Many cases resolve through plea bargaining. The courts do not have the resources to provide every defendant with a trial. To keep dockets moving and free up resources from the district attorney’s office, prosecutors often offer what is known as a plea bargain offer.
A typical plea bargain includes the offer of reduced penalties or charges in return for an admission of guilt to a crime. Defendants still have the right to demand a trial. If they do, a jury or judge will ultimately decide whether the defendant committed a crime.
Whichever strategy leads to a resolution of your charges, having an attorney can greatly improve your chances of avoiding serious jail or prison time. A skilled Mesa DUI lawyer helps clients with preparing for a DUI court date in Arizona and building defenses, such as questioning BAC testing or police procedure.
Why You Should Hire a Felony DUI Lawyer?
The Mesa PD made 2,932 DUI arrests in 2024, some of which were for felony charges. If you’re facing charges for a serious driving under the influence offense, you should hire a felony DUI lawyer right away. Your lawyer can explain the charges being brought against you, help you gather evidence, and provide you with representation at the Maricopa County Superior Court.
If you are facing severe drunk driving charges, the decision to hire a felony DUI lawyer should be your top priority. A Mesa felony DUI attorney brings years of experience handling felony DUI cases based on Arizona’s felony DUI laws. An experienced DUI lawyer understands when a case calls for aggressively defending against the charge or strategically negotiating a plea bargain.
At Grand Canyon Law Group, our firm offers a Mesa DUI lawyer free consultation to help you understand your options before making decisions. During your consultation, bring police reports, citations, and any prior court documents so your attorney can assess the details.
The cost of hiring a DUI lawyer in Mesa depends on the complexity of your case. We offer free consultations where we can discuss payment matters. Choosing a felony DUI lawyer in Mesa with extensive trial experience means you can trust that you’re receiving guidance that protects your future.
FAQS
How Much Does a DUI Lawyer Cost in Arizona?
How much a DUI lawyer costs in Arizona depends on the specifics of your case. Particularly complex cases and those that must go to trial to seek a resolution typically cost more than simple cases that end in dismissals or guilty pleas early in the legal process. To get an idea of how much your case could cost, reach out to our office to schedule a consultation with a Mesa felony DUI attorney.
What Is the Penalty for a Felony DUI in Arizona?
The penalty for a felony DUI in Arizona for a first-time offender depends on whether your DUI was charged as a Class 4 or Class 6 felony. The mandatory minimum for a Class 4 felony aggravated DUI is one year in prison, but you can face a sentence as long as 3.75 years. If you’re facing a Class 6 felony, you’ll face between four months and two years in prison.
Is It Worth Getting a DUI Lawyer in Arizona?
It is worth getting a DUI lawyer in Arizona. Your attorney can help you with every aspect of your case, from understanding felony DUI laws and how they apply to you to uncovering constitutional rights violations that could lead to your case being dismissed. Your attorney can also help you negotiate a plea deal or represent you in court if your case goes to trial.
Can Severe Drunk Driving Charges Be Dismissed in AZ?
Severe drunk driving charges can be dismissed in AZ under certain circumstances. Your lawyer could file a motion for dismissal if the prosecution has insufficient evidence to pursue a case against you at trial. This could arise if law enforcement officers violated your constitutional rights during a traffic stop, which can lead to any evidence obtained during the illegal search or seizure being suppressed.
Is a First-Time DUI a Felony in AZ?
A standard first-time DUI is not a felony in AZ. It is a misdemeanor. However, there are some circumstances under which your charges could be elevated to a Class 4 or Class 6 felony. You could face felony charges for aggravated DUI, even if it is the first time you have been pulled over for this offense.
GET IN TOUCH WITH A MESA ATTORNEY REGARDING A FELONY DUI CHARGE
A felony DUI is a serious matter, but when a prosecutor brings an aggravated DUI charge, your freedom is at stake. A Conviction requires you to serve time in prison. Do not risk these dire consequences. Contact one of our Mesa felony DUI lawyers as soon as you are arrested. You need to move quickly, so call Grand Canyon Law Group for help today!
Call or text 480-400-5555 or complete a Free Case Evaluation form
