Every DUI arrest in Phoenix is a serious matter that can affect your future. The consequences may become even more severe when the charges involve an aggravated DUI. A skilled Phoenix aggravated DUI lawyer can protect your rights.
With thousands of clients served, Grand Canyon Law Group knows how to make your voice heard. Our legal team has over 100 years of legal experience advocating for our clients’ rights.
Call today to schedule a confidential consultation with an experienced DUI lawyer in Phoenix.
The Right Phoenix Aggravated DUI Attorneys for You
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 pursuing the most favorable outcomes possible.
We can raise reasonable doubt in the prosecution’s case and fight to protect your rights. The dedicated criminal defense lawyers in Phoenix at Grand Canyon Law Group will explain the laws in your case and develop a strong defense on your behalf.
For a free legal consultation with an aggravated dui lawyer serving Phoenix, call 480-400-5555
Our Phoenix Aggravated DUI Lawyers Handle a Wide Range of Cases
These cases can arise from several different circumstances. Our Phoenix aggravated DUI lawyers handle a wide range of DUI cases and understand how quickly a serious charge can affect your life.
Our aggravated DUI attorneys in Phoenix also serve as:
- Phoenix aggravated DUI with child lawyers: A DUI can become an aggravated DUI when a person is accused of driving under the influence with a child under 15 in the vehicle.
- Phoenix drug DUI lawyers: Arizona law provides for aggravated DUI charges when a person drives while under the influence of certain drugs and meets specific statutory requirements, including circumstances involving a suspended or revoked license.
- Phoenix felony DUI lawyers: Not every DUI is a misdemeanor. Certain circumstances can elevate a DUI to a felony aggravated DUI, including multiple prior DUI convictions within the applicable period.
- Phoenix first offense DUI lawyers: A first-time DUI can become an aggravated DUI when additional circumstances satisfy the requirements of Arizona’s aggravated DUI statute.
- Phoenix second offense DUI lawyers: Prior DUI convictions can affect the classification and penalties for a new offense, while certain additional circumstances may support an aggravated DUI charge.
- Phoenix third offense DUI lawyers: A third DUI can carry significantly harsher penalties, particularly when multiple prior DUI convictions fall within the period specified by Arizona law.
- Phoenix ignition interlock device lawyers: Violating an ignition interlock requirement can lead to serious legal consequences and, in certain circumstances, may support an aggravated DUI charge.
Our law firm is dedicated exclusively to criminal defense. We do not divide our attention between criminal cases and unrelated areas of law. Our attorneys focus on defending people facing criminal charges.
Phoenix Aggravated DUI Lawyer Near Me 480-400-5555
What Is Aggravated DUI?
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.
Aggravated DUI charges may result from the following:
- Two or more DUI convictions: 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.
- 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.
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. A skilled Phoenix aggravated DUI attorney at our firm can help you understand why your case is moving forward with aggravating factors.
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Penalties for Aggravated DUI in Arizona
The penalties for an aggravated DUI in Arizona depend on the specific charge under A.R.S. § 28-1383. Depending on the circumstances, you could be facing felony charges, prison time, hefty fines, and the loss of your driving privileges.
Most aggravated DUI offenses are charged as Class 4 felonies. This can include certain cases involving prior DUI convictions, driving with a suspended or revoked license, wrong-way driving, or violating an ignition interlock requirement.
An aggravated DUI involving a child under 15 is generally charged as a Class 6 felony. The classification of the offense can have a significant impact on the potential penalties.
Mandatory Prison Time
Some aggravated DUI convictions carry a mandatory prison sentence, even for someone facing their first aggravated DUI. In these cases, the person generally cannot be released until serving at least four months in prison. The court may impose a longer sentence depending on the specific circumstances of the offense and your history.
For a first-time Class 4 felony, the potential prison sentence generally ranges from one to 3.75 years, depending on the circumstances and other applicable sentencing factors.
Fines and Financial Penalties
Fines start at $750, but mandatory surcharges and assessments can significantly increase the total amount owed. In many cases, the overall financial impact can reach several thousand dollars or more.
Driver’s License Revocation
An aggravated DUI conviction can also result in driver’s license revocation. In most cases, a new license cannot be issued for at least one year. Losing your driving privileges can create additional challenges with daily transportation.
Ignition Interlock Requirements
An aggravated DUI conviction may also require the driver to install and maintain an ignition interlock device. The device requires the driver to provide a breath sample before the vehicle will start and may require additional testing while the vehicle is being operated.
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MVD License Actions After an Aggravated DUI
An aggravated DUI case can affect more than your criminal record. The Arizona Department of Transportation’s Motor Vehicle Division (MVD) may take separate action against your driving privileges. Depending on the circumstances, you could face a license suspension or revocation, and these administrative consequences may move forward separately from your criminal case.
Do not assume that winning or resolving the criminal case will automatically restore your driving privileges. MVD deadlines and requirements can be different from those in criminal court. Our aggravated DUI attorneys in Phoenix can help you understand what action the MVD is taking.
If your license has been suspended or revoked, act quickly. Missing an MVD deadline can limit your options and make it harder to challenge the action. Our Phoenix aggravated DUI lawyers can help you address both sides of the case.
Test Refusal Consequences Under Arizona Implied Consent Laws
Arizona’s implied consent law generally means that by driving in the state, you have consented to certain chemical testing for alcohol or drugs after a lawful DUI arrest when the statutory requirements are met. Refusing to take a requested test can trigger separate consequences for your driving privileges.
A refusal can result in a 12–month suspension or denial of your driving privileges. If you have a second or subsequent refusal within 84 months, the suspension or denial can increase to two years. Arizona law also provides that failing to expressly agree to or successfully complete the requested test may be treated as a refusal.
The license consequences are separate from the criminal DUI case. This means you should take an implied-consent suspension seriously and pay close attention to any notice or deadlines from the Arizona MVD. Our Phoenix aggravated DUI attorneys can review the circumstances surrounding the alleged refusal.
Our Aggravated DUI Attorneys in Phoenix Can Build a Strong Defense Strategy
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.
Challenge the Reason for Arrest
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.
Fight for Reduced Charges
We could also 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. Our Phoenix aggravated DUI lawyer can determine the appropriate defense for the circumstances.
Why You Should Hire an Aggravated DUI Lawyer in Phoenix
If you are facing a serious DUI criminal charge, you are far from alone. These incidents occur along Camelback Road, Van Buren Street, Indian School Road, and Baseline Road. Although your initial arrest may be a stressful ordeal, our experienced aggravated DUI lawyers in Phoenix will simplify the process.
At Grand Canyon Law Group, we 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. We can begin by examining the evidence to find the right strategy for beating your charges.
Contact Our Experienced Phoenix Aggravated DUI Lawyer
Contact a Phoenix aggravated DUI lawyer now. At Grand Canyon Law Group, we will 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 aggressively fights to protect your rights. We 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.
Call or text 480-400-5555 or complete a Free Case Evaluation form
