Phoenix Aggravated DUI Lawyer

Aggravated DUI Attorney in Phoenix

If you’re facing serious DUI charges, it’s important to have a Phoenix aggravated DUI lawyer who understands the high stakes involved. A skilled Phoenix aggravated DUI lawyer can help protect your rights and guide you through the legal complexities, making sure you’re protected to the fullest extent. Every DUI arrest in Phoenix is a serious matter that can have long-term consequences on your life.

Although most examples are misdemeanors, some situations can lead to aggravated DUI allegations. Convictions here are felonies that come with mandatory prison sentences, as well as a revocation of your driver’s license. Prosecutors bear the burden of proving the core DUI facts and the factors that make an arrest aggravated.

Why You Should Hire Grand Canyon Law Group

The outcome of your aggravated DUI case could not be left to chance. When you secure legal representation from Grand Canyon Law Group, you gain the support of former prosecutors who understand the law and how to shield clients from a serious conviction. Our award-winning lawyers have earned a strong reputation for tirelessly pursuing the most favorable outcomes possible for the men and women we represent.

A Phoenix aggravated DUI lawyer at our firm can raise reasonable doubt in the prosecution’s case and fight to protect your rights. The dedicated criminal defense attorneys in Phoenix at Grand Canyon Law Group are ready to explain the laws in your case and develop a strong defense on your behalf.

WHAT MAKES A DUI CASE AGGRAVATED?

It is illegal to drive a vehicle while under the influence of drugs or alcohol. This core concept still applies to aggravated DUI cases, and prosecutors must prove this idea beyond a reasonable doubt. What differentiates an aggravated DUI case is the defendant’s alleged actions that make the offense more serious. According to Arizona Revised Statutes § 28-1383, many instances can result in aggravated charges.

The most common is a person’s prior history of DUI. If a driver has two or more DUI convictions within the past 84 months, the case can automatically move forward as an aggravated DUI. The prosecutor must prove this prior history when seeking an enhanced penalty. Aggravated DUI charges may also result from the following:

• Having a child under the age of 15 in the vehicle at the time of the event: Driving under the influence with a child in the vehicle is extremely dangerous and may be charged as an aggravated DUI right away. Arizona law imposes strict penalties to protect vulnerable passengers, including mandatory prison terms and license revocation.
• The arrest occurring while a driver has a suspended license for a separate DUI offense: Arresting a person for DUI while their driver’s license is already suspended or revoked as a result of a previous DUI conviction will result in an aggravated DUI prosecution. Since this is considered a recurrence, the state will increase the severity of the punishments, including the length of time spent in prison and the amount of the fine.
• The arrest occurring while a driver is using a court-ordered ignition interlock device: Driving under the influence or refusing a blood alcohol concentration (BAC) test while mandated to utilize an ignition interlock device (IID) will result in an aggravated DUI charge.

In 2023, Arizona law enforcement recorded just over 27,733 DUI arrests statewide during traffic stops. These offenses included aggravated DUI arrests. A skilled Phoenix attorney at our firm can help people understand why a DUI case is moving forward with aggravating factors.

Additional Circumstances That Can Make a DUI Aggravated

Arizona aggravated DUI charges are driven by specific circumstances listed in A.R.S. § 28-1383, not by alcohol concentration levels alone. One commonly charged aggravator is wrong-way driving, which occurs when a driver operates a vehicle opposing the legal flow of traffic on a roadway.

Another common aggravating factor involves prior DUI convictions within the previous 84 months. Arizona counts the dates of prior offenses, not the dates of conviction. Time spent incarcerated is excluded from the calculation. Aggravated DUI is distinct from “extreme” or “super extreme” DUI, which are based on blood alcohol concentration rather than statutory aggravating circumstances.

Penalties and Mandatory Minimums for Aggravated DUI in Arizona

Aggravated DUI penalties depend on the specific subsection charged under A.R.S. § 28-1383. Most aggravated DUI offenses, including those based on prior DUI convictions, driving on a suspended license, wrong-way driving, or ignition interlock violations, are Class 4 felonies. Aggravated DUI involving a child under 15 is typically charged as a Class 6 felony.

Certain aggravated DUI convictions require a mandatory prison term with no release possible until at least four months are served in prison, even for first-time offenders. The courts may impose longer sentences based on the circumstances of the case.

Fines start at $750, plus mandatory surcharges and assessments, which often push the minimum financial impact into the several-thousand-dollar range. Courts must also revoke the driver’s license, and a new license generally cannot be issued for one year. Ignition interlock device requirements may also apply. A first-time Class 4 felony carries a potential prison term of 1 to 3.75 years, depending on the case’s factors.

PROVIDING A DEFENSE AGAINST AGGRAVATED DUI CHARGES IN PHOENIX

An aggravated DUI conviction is a life-changing event. According to the statute, these are class 4 felonies. Even in cases where a person has no prior felonies and the case includes mitigating factors, a conviction requires a judge to sentence a person to at least one year in prison. If the case involves aggravating factors, the judge can impose a sentence of up to 3.75 years. In addition, the court must order the total revocation of a defendant’s driver’s license.

CHALLENGING THE REASON FOR ARREST

Clearly, it is crucial to fight back against these charges. One option is to challenge the reason for an arrest. Officers often rely on their personal observations to justify a DUI arrest. Factors such as supposed glassy eyes, the smell of alcohol, or the results of field sobriety tests are vulnerable to cross-examination at trial.

FIGHTING FOR REDUCED CHARGES

Another option may be to challenge the supposed facts that led to the case being moved forward as an aggravated offense. This could include debating whether an ignition interlock device was imposed by a court order or discussing why a driver’s license was suspended. A local aggravated DUI lawyer can work to determine the appropriate defense for the circumstances.

LET A PHOENIX AGGRAVATED DUI ATTORNEY FIGHT FOR YOU

All DUI cases must be taken seriously. However, when a prosecutor is pursuing a case as an aggravated or felony version, it is crucial that you act quickly to protect yourself. Convictions are felonies that will require at least a one-year prison sentence and could lead to the loss of your license.

Why You Should Hire an Aggravated DUI Lawyer

If you are facing a serious DUI criminal charge, you are far from alone. In 2024, the Arizona Department of Public Safety Annual Report recorded 4,749 DUI arrests. These incidents occur along Camelback Road, Van Buren Street, Indian School Road, and Baseline Road. Although your initial arrest may be a stressful ordeal, it is important to remember that the outcome of your case can be significantly influenced by your decision to hire an aggravated DUI lawyer.

A Phoenix aggravated DUI attorney can examine whether the prosecution has evidence to back its allegation of aggravating factors. Arizona’s aggravated DUI laws carry serious potential consequences, but only when the state can meet its burden of proof. Your lawyer can begin by examining the evidence to find the right strategy for beating your charges, which could include filing motions to suppress evidence or taking other decisive steps.

FAQs

Q: What Is an Aggravated DUI in Phoenix?

A: An aggravated DUI in Phoenix can happen when a person is charged with a DUI and is driving on a suspended, revoked, or canceled license. It could also happen if a passenger under 15 years of age was in the vehicle, or if it is the third DUI committed within an 84-month period. These elements take what would normally be a misdemeanor-level charge and elevate it to a felony, which carries much harsher penalties​.

Q: What Are the Penalties for an Aggravated DUI in Phoenix?

A: The consequences of an aggravated DUI in Phoenix are very severe. For a first-time conviction, there is a mandatory prison sentence of four months or more, which can increase with the number of similar convictions you have incurred.​

For an aggravated DUI in Arizona, offenders are responsible for paying fees starting at $750, face a mandatory one-year driver’s license revocation, the requirement of an ignition interlock device, and mandatory alcohol screening and treatment.

Q: How Can a Phoenix Aggravated DUI Lawyer Help My Case?

A: A Phoenix aggravated DUI lawyer can help your case by examining the details, challenging whether the traffic stop was lawful, contesting BAC results, negotiating plea agreements, requesting reduced sentences, or arguing for alternative penalties. Alternative penalties could include rehabilitation programs. An experienced DUI lawyer can be a great resource to lean on during your case.

Q: What Should I Do If I’m Charged With an Aggravated DUI in Phoenix?

A: If you’re accused of an aggravated DUI, the first thing you should do is engage an experienced lawyer. Refrain from speaking with law enforcement about the case until you have an attorney present. Your attorney can help you navigate the complex legal system, challenge the evidence, and try to reduce your charges or sentence.

Contact a Phoenix Aggravated DUI Lawyer

Contact a Phoenix aggravated DUI lawyer now. At Grand Canyon Law Group, we are ready to explain the state’s laws, evaluate the reason for your arrest, and seek a defense plan that appropriately fits the facts of your case.

Our experienced legal team can aggressively fight to protect your rights. We can work diligently to reduce the penalties or potentially have your charges dismissed. Contact us today to learn more and take the first step toward protecting your future.

Grand Canyon Law Group – Phoenix, AZ Office

76 E Mitchell Drive
Phoenix, AZ 85012

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