Felony Aggravated DUI

Dedicated DUI Defense Lawyer Committed to Securing the Best Possible Outcome in Even the Toughest Cases

Driving under the influence (DUI) is a serious crime in Arizona, but the prosecution is claiming that there are aggravating factors; a DUI can turn into a felony aggravated DUI—a far more serious crime. Felony aggravated DUIs carry much harsher penalties and long-term consequences that can significantly impact your life. However, as serious as these charges are, there are many defenses; it’s just a matter of identifying the best defenses and presenting them in a compelling way.

At the Law Office of James E. Novak, our Phoenix DUI defense lawyer has extensive experience handling felony DUI cases on behalf of clients in Phoenix and throughout Maricopa County. We take pride in helping good people get out of bad situations and look forward to discussing how we can assist with your case.

What Turns a DUI Into a Felony Aggravated DUI?

A standard DUI in Arizona can escalate to a felony aggravated DUI when specific aggravating circumstances are present. Below are some of the most common aggravating circumstances that can lead to a felony aggravated DUI charge:

Driving with a Suspended, Revoked, or Canceled License: If you’re caught driving under the influence while your driver’s license is suspended, revoked, or canceled, the DUI charge can be elevated to a felony aggravated DUI.

Third DUI Offense Within 7 Years: Arizona law takes repeat DUI offenses seriously. If you are arrested for a DUI and have had two prior DUI convictions within the past seven years, your charge can be elevated to a felony aggravated DUI.

DUI with a Child Under 15 in the Vehicle: Driving under the influence with a minor in the vehicle is considered an aggravating factor, resulting in a felony charge.

Driving Under the Influence with an Ignition Interlock Device: If you are required to have an ignition interlock device (IID) installed in your vehicle due to a prior DUI conviction and are caught driving under the influence, the charge will likely be elevated to a felony aggravated DUI.

DUI Resulting in Serious Injury or Death: If your impaired driving results in an accident causing serious injury or death, the DUI charge will be classified as a felony aggravated DUI, carrying the most severe penalties.

Punishments for an Aggravated Felony DUI Conviction

The penalties for a felony aggravated DUI in Arizona are far more severe than those for a standard or misdemeanor DUI and may include the following:

Prison Time: A felony aggravated DUI conviction carries a mandatory minimum prison sentence. Depending on the circumstances, this could range from several months to several years in state prison. For instance, a third DUI within seven years could result in a sentence of up to 2.5 years in prison.

Fines and Surcharges: The fines associated with a felony aggravated DUI are substantial, often exceeding several thousand dollars. These fines are in addition to other costs, such as court fees, probation fees, and the cost of alcohol education programs.

Driver’s License Revocation: A felony aggravated DUI conviction will result in a long-term revocation of your driver’s license, typically for at least three years. Reinstating your license will require going through a complicated legal process and meeting strict conditions.

Mandatory Alcohol Education and Treatment: Those convicted of a felony DUI must complete alcohol education and treatment programs, which are paid for out-of-pocket.

Probation and Community Service: The court may impose a lengthy probation period, during which you must comply with strict conditions, including regular check-ins, abstaining from alcohol, and completing community service.

Defenses to DUI Charges

If you are facing a felony aggravated DUI charge, it is essential to understand your options. There are several potential defenses that our experienced DUI attorney can explore to challenge the charges against you.

Challenging the Traffic Stop: If law enforcement did not have a valid reason to stop your vehicle, any evidence obtained during the stop, including BAC results, may be inadmissible in court.

Questioning the Accuracy of BAC Tests: Breathalyzers and blood tests are not perfect, and there may be grounds to challenge the accuracy of your BAC results, such as improper calibration, faulty testing procedures, or contamination.

Violation of Rights: If your constitutional rights were violated during the arrest process, for example, if police officers did read you your Miranda rights, it could be grounds for dismissing the charges.

Insufficient Evidence: The prosecution must prove every element of the charge beyond a reasonable doubt. If there is insufficient evidence to support the aggravating circumstances, your attorney may be able to reduce the charge or have it dismissed entirely.

Speak With an Experienced Phoenix DUI Defense Lawyer About Your Case Today

A felony aggravated DUI charge is a serious matter that requires immediate attention. The penalties are severe, but with the right defense strategy, it may be possible to reduce the charges or even avoid a conviction altogether. At the Law Office of James E. Novak, we understand what’s on the line in these cases and what it will take to ensure that your recent arrest has as little impact on your future as possible. If you’re facing a felony aggravated DUI charge, don’t wait to seek legal help. To learn more, and to schedule a free consultation today, call us at 480-413-1499. You can also reach us through our secure online contact form.