Aggravated DUI – DWI: Factors that raise a Misdemeanor DUI to a Felony
“Aggravated DUI” charges are Felony DUI offenses. Misdemeanor DUI charges are elevated to Felonies when specified ‘aggravating” factors under law surround it. One of the most reasons a Misdemeanor DUI is charged as felony is due to repeat DUI offenses. A third DUI charge, with two existing DUI convictions in 84 months or 7 years, will result in Aggravated DUI charges. Aggravating Factors
Aggravated Factors” are those circumstances that elevate a Misdemeanor DUI to a Felony DUI under ARS § 28-1383 and include:
- Two prior DUI Conviction from any state in any state within in 7 years;
- DUI while driving with a suspended or revoked license;
- Drunk driving or driving impaired due to alcohol or drugs, with a minor, age 15 or under, in the vehicle;
- DUI with accident that causes serious bodily harm to another person;
- DUI manslaughter – When the DUI and Auto accident results in a fatality of another Felony DUI Penalties for 3rd DUI charge with two conviction in 7 years
Felony DUI charges are a class 4 felony. These convictions call for the following penalties under ARS 28 § 1383:
- 4 months in prison for 3rd DUI conviction/ months in prison for subsequent;
- Fine at least $750
- Assessment fees $3250.00
- Abatement fees
- Evaluation Costs
- Drug or Alcohol Treatment & Counseling Costs
- Probation and associated fees
- Driving Privileges may be revoked for up to 3 years
- Mandatory Court ordered Ignition Interlock Device (IID) 3 added to your vehicle at your expense, following reinstatement of license
- Court ordered drug or alcohol rehab or counseling treatment, and their costs
- Mandatory Community Service
- Criminal Record to include a Felony
- Restitution if an accident or injury was involved
- Other penalties may be apply if the Court deems necessary and appropriate
DUI defense attorney Tempe AZ
If you face Tempe DUI charges, you should consult a qualified criminal defense attorney regarding your matter. They will provide you with information concerning your charges, as well as your defense options. Arizona has harsh penalties for DUI charges. It is important that you understand the consequences before “pleading guilty” without proper legal representation. If you wish to invoke your right to retain an attorney on your behalf, you should “Plead Not Guilty” at your Arraignment. If you are not being represented, you must appear for your Arraignment. Failure to appear will result in a bench warrant for Arrest. If you hire legal counsel, they will advise you further regarding the proceedings. If retained your attorney will protect your rights, defend your charges, and work to get the best possible outcome in your case.
Law Office of James Novak 4500 S. Lakeshore Drive Tempe AZ 85282 (480) 413-1499 www.Arizonacriminaldefenselawyer.com www.novakazlaw.com Arizona DUI, DWI, Drunk Driving & Criminal Defense Firm Serving Tempe, Mesa, Chandler, Scottsdale, Phoenix, Gilbert AZ. Free Consultation!
