Driving under the influence (DUI) is a serious offense anywhere, but in Phoenix, a standard DUI can quickly become an “aggravated DUI” under specific conditions. Understanding what makes a DUI charge aggravated in Phoenix is essential because it impacts how the case is treated in court and the severity of the consequences. Arizona DUI Pros are well-versed in defending these complex cases—call (602) 922-3755 today.
What Constitutes an Aggravated DUI in Phoenix?
In Arizona, an aggravated DUI in Phoenix isn’t just about higher blood alcohol levels; it involves specific aggravating factors. Under ARS § 28-1383, these include:
- Driving Under Suspension: Getting caught for DUI while your driving privileges are suspended or revoked results in an aggravated DUI in Phoenix.
- Multiple Offenses: If you have two prior DUIs within 84 months, a third DUI becomes aggravated.
- Minor in the Vehicle: A DUI offense with a child passenger (under 15 years old) in the car is categorized as an aggravated DUI in Phoenix.
- Ignition Interlock Violation: Operating a vehicle without a mandated ignition interlock device while intoxicated is a clear-cut aggravated DUI.
- Accidents and Injuries: Causing a serious injury while driving under the influence escalates the charge to an aggravated DUI.
Penalties for Aggravated DUI in Phoenix
If you are convicted of an aggravated DUI in Phoenix, you face severe penalties that include:
- Prison Sentence: A minimum of 4 months of incarceration, even for first-time felony offenders.
- Substantial Fines: Thousands of dollars in fines, court fees, and additional costs for mandated alcohol education and treatment.
- Driver’s License Revocation: Expect a license suspension of up to three years, which severely limits your mobility.
- Mandatory Ignition Interlock: The court will order an ignition interlock device to be installed on any vehicle you drive once your license is reinstated.
- Probation and Community Service: Many face long probation periods, coupled with community service hours.
Why Are Aggravated DUI Charges Taken So Seriously?
Arizona law considers aggravated DUI offenses grave due to the inherent risks to public safety. Aggravated DUI in Phoenix highlights a pattern of reckless behavior or a complete disregard for traffic laws. With mandatory minimum sentences and felony charges, the state aims to deter repeat offenses and dangerous driving behaviors.
Hypothetical Scenario for Context
Consider Sarah, a 38-year-old Phoenix resident who had her license suspended due to unpaid traffic fines. One evening, she drives home after consuming alcohol at a friend’s house, believing she is still in control. Unfortunately, she gets pulled over for a minor traffic infraction, and the police discover she has been driving on a suspended license. The subsequent DUI charge becomes an aggravated DUI in Phoenix due to her suspended status, leading to felony charges, jail time, and extensive fines.
Sarah’s situation underscores why it’s crucial to understand the laws surrounding aggravated DUI. Without proper legal representation, the consequences can be life-altering. Arizona DUI Pros are experienced in defending such cases. Contact us at (602) 922-3755 for a consultation.
Defenses Against Aggravated DUI Charges
A skilled attorney can challenge an aggravated DUI in Phoenix in several ways:
- Questioning the Legality of the Traffic Stop: Was there probable cause to initiate the stop?
- Challenging the Evidence: Field sobriety tests and breathalyzer results can be scrutinized for inaccuracies or improper administration.
- Demonstrating Improper License Suspension: If your license suspension was in error, it could impact the severity of the charges.
Frequently Asked Questions About Aggravated DUI in Phoenix
1. What is the main difference between a standard DUI and an aggravated DUI in Phoenix?
An aggravated DUI is a felony, while a regular DUI is typically a misdemeanor. The aggravating factors make the consequences far more severe.
2. Are there defenses available for aggravated DUI charges?
Yes, common defenses include challenging the validity of the stop, evidence inaccuracies, and the circumstances of prior offenses.
3. Can I face aggravated DUI charges if I wasn’t driving but was in the driver’s seat?
It depends on the circumstances. Physical control of a vehicle while impaired can still lead to a DUI charge, potentially becoming aggravated under specific conditions.
4. How does having a child in the car affect DUI charges?
If a minor under 15 is in the car, it automatically escalates to an aggravated DUI, with additional penalties for child endangerment.
5. Will my case be tried in a local court in Phoenix?
Yes, aggravated DUI cases are typically handled in Maricopa County Superior Court if they fall under felony jurisdiction.
Conclusion
If you are facing charges for an aggravated DUI in Phoenix, the penalties are severe, but there are avenues for defense. The sooner you consult a knowledgeable attorney, the better your chances are. Contact Arizona DUI Pros at (602) 922-3755 to begin your defense and explore all available options.
