When charged with an aggravated DUI charge in Tucson, the stakes are significantly higher than a standard DUI. Arizona’s strict DUI laws impose severe penalties for offenses that meet specific aggravating conditions, turning a misdemeanor DUI into a felony.
At AZ DUI Pros, we understand the stress and consequences that come with an aggravated DUI. With our experience and dedication, we will fight to minimize the charges and protect your rights. Call us today at 602-922-3755 for a free consultation.
Understanding an Aggravated DUI Charge in Tucson
An aggravated DUI is a DUI charge elevated to a felony due to aggravating factors defined under ARS § 28-1383. These factors significantly increase the seriousness of the charge and its associated penalties.
Key Factors That Lead to an Aggravated DUI Charge in Tucson
- Driving with a Suspended or Revoked License: Operating a vehicle while under the influence with a suspended or revoked license.
- Repeat Offenses: Being charged with DUI after two or more DUI convictions within the past seven years.
- Child Passengers: Driving under the influence with a passenger under the age of 15 in the vehicle.
- Failure to Install an Ignition Interlock Device (IID): Non-compliance with a court-ordered IID installation can lead to felony charges.
- Accidents Causing Injury or Property Damage: Incidents resulting in serious injury or extensive property damage while driving under the influence.
Consequences of an Aggravated DUI Charge in Tucson
An aggravated DUI charge in Tucson comes with harsh penalties designed to deter repeat offenses. The consequences can include:
- Imprisonment: First-time aggravated DUI offenses can result in prison sentences of up to 2.5 years.
- License Revocation: A mandatory license revocation period of one year follows a conviction.
- Fines and Fees: Expect thousands of dollars in fines, court costs, and other administrative fees.
- Mandatory IID Installation: Convicted drivers must install an IID for up to two years after their license is reinstated.
These penalties emphasize the importance of having experienced legal representation like AZ DUI Pros to build a strong defense.
Hypothetical Scenarios
Scenario 1: Driving with a Suspended License
Jake, a Tucson resident, was previously convicted of a DUI, resulting in his driver’s license being suspended. Despite knowing his license was invalid, Jake decided to drive home after having a few beers at a party. On his way home, he was pulled over by an officer for speeding. During the stop, the officer noticed signs of impairment, such as the smell of alcohol and slurred speech. A breathalyzer test revealed Jake’s BAC was 0.12%, over Arizona’s legal limit of 0.08%.
Because Jake was driving with a suspended license, his offense escalated to an aggravated DUI charge in Tucson under ARS § 28-1383, a felony charge. Now, Jake faces harsh penalties, including potential prison time, a one-year license revocation, and significant fines. His case underscores the serious consequences of an aggravated DUI charge in Tucson and the importance of having legal representation to challenge the validity of the stop or identify procedural errors that could weaken the prosecution’s case.
Scenario 2: DUI with Child Passengers
Melissa, a single mother, was driving home with her 8-year-old son after attending a family gathering. During the event, Melissa consumed two glasses of wine but believed she was sober enough to drive. On her way home, she ran a red light and was pulled over. A breathalyzer revealed her BAC was 0.09%, slightly over the legal limit. The presence of her young son in the vehicle elevated the charge to an aggravated DUI charge in Tucson under ARS § 28-1383.
An aggravated DUI charge in Tucson involving a minor is a felony offense in Arizona, carrying severe penalties such as prison time, substantial fines, and mandatory installation of an ignition interlock device. Beyond these legal consequences, Melissa risks further scrutiny regarding her parenting and could even face custody challenges. A strong legal defense could focus on challenging the BAC results or presenting mitigating factors, such as her otherwise clean record, to negotiate reduced charges or alternative sentencing for her aggravated DUI charge in Tucson.
Defenses Against Aggravated DUI Charges in Tucson
An aggravated DUI charge in Tucson is a serious legal matter, but it doesn’t mean a conviction is guaranteed. With the right legal defense, it’s possible to reduce charges, minimize penalties, or even have the case dismissed. At AZ DUI Pros, our attorneys analyze every detail of your case to identify weaknesses in the prosecution’s evidence and build a strong defense.
Here are some of the most effective defenses against aggravated DUI charges:
1. Lack of Probable Cause for the Traffic Stop
Police officers must have a valid reason, known as probable cause, to stop your vehicle. Examples include speeding, erratic driving, or a visible traffic violation. If the stop was unjustified or based on mere suspicion, any evidence obtained afterward, such as breathalyzer results or field sobriety test findings, may be inadmissible in court.
2. Errors in Field Sobriety Tests
Field sobriety tests (FSTs) are often used to determine a driver’s level of impairment. However, these tests can be flawed for various reasons:
- Poor lighting, uneven road surfaces, or inclement weather can affect performance.
- Certain medical conditions, such as vertigo, injuries, or neurological disorders, can mimic signs of intoxication.
By questioning the validity of FST results, your attorney can weaken the prosecution’s case against you.
3. Inaccurate Breathalyzer Results
Breathalyzer devices must be properly maintained and calibrated to produce accurate BAC readings. Potential issues include:
- Improper calibration or outdated equipment.
- Operator error during the test.
- The presence of medical conditions like acid reflux or diabetes, which can falsely elevate BAC readings.
If these factors are present, your attorney can challenge the reliability of the test results, possibly leading to the dismissal of your aggravated DUI charge in Tucson.
4. Procedural Errors by Law Enforcement
Strict procedures govern how officers handle DUI investigations. Examples of procedural errors include:
- Failing to properly administer Miranda rights during an arrest.
- Conducting unlawful searches without a warrant or probable cause.
- Mishandling evidence, such as blood samples or breathalyzer records.
Any violation of your constitutional rights can provide grounds to suppress evidence, which can significantly weaken the prosecution’s case.
5. Alternative Explanations for BAC Levels
A high BAC reading does not always mean intoxication. Factors such as certain medications, residual mouth alcohol, or a recent diet change (e.g., a ketogenic diet) can elevate BAC levels without actual impairment. These factors can be presented as part of your defense to challenge the charge.
Relevant ARS Statutes
The main statute for aggravated DUI in Arizona is ARS § 28-1383, which outlines the aggravating factors and their corresponding penalties.
- Subsection A: Lists conditions such as driving with a suspended license, multiple DUI offenses, or the presence of minors in the vehicle.
- Subsection B: Specifies penalties, including mandatory prison time and fines for aggravated DUI convictions.
Frequently Asked Questions
1. What is the difference between a regular DUI and an aggravated DUI in Tucson?
A regular DUI is typically a misdemeanor, while an aggravated DUI involves specific aggravating factors, making it a felony with harsher penalties.
2. Can an aggravated DUI charge be reduced?
Yes, with the help of a skilled attorney, some charges can be negotiated down, especially if evidence is weak or errors were made during the arrest process.
3. How long will my license be revoked?
A conviction for an aggravated DUI typically results in a one-year license revocation.
4. What should I do if I’m facing an aggravated DUI charge in Tucson?
The first step is to contact an experienced attorney. Call AZ DUI Pros at 602-922-3755 immediately to begin building your defense.
5. Can I avoid prison time for an aggravated DUI?
While prison time is often mandatory, alternative sentencing options may be available depending on the circumstances of your case.
Why Choose AZ DUI Pros?
Facing an aggravated DUI charge in Tucson is a serious legal matter that can have lasting consequences. Understanding the factors that lead to these charges and the potential penalties can help you take the right steps to protect yourself.
If you or someone you know is facing an aggravated DUI charge, don’t wait. Contact AZ DUI Pros at 602-922-3755 today. Our dedicated team will work tirelessly to ensure you receive the best possible outcome.
