Here at Alcock and Associates we have had the opportunity to be able to handle all varieties of felony aggravated DUIs in Arizona. Our firm has a team of specialized DUI attorneys on staff who were previously DUI prosecutors. We have an abundant amount of experience in handling these types of cases.
Felony Aggravated DUI is considered to be a serious offense in the state of Arizona. Unfortunately, there are many people are charged with felony DUI due to the fact that their driver’s license was suspended or restricted during the time that they received their DUI. This license suspension transforms what would otherwise be a regular misdemeanor DUI into what is now a felony.
If you have been convicted of a misdemeanor DUI in the past, and your license was suspended, it is very important that you return to the Arizona MVD and reinstate your license. There are many individuals who are not aware that they must return to the motor vehicle department to pay a reinstatement fee to remove any suspension that they may have on their license. Anyone that has been convicted of a DUI in the past should go to the MVD to request a copy of the record. You want to make sure that there are no suspensions or restrictions on your license.
In Arizona there are several ways to be charged with an Aggravated DUI
If an individual is driving with a suspended or restricted license and they are impaired to the slightest degree, this may be grounds to be charged with a felony. This specific charge is known as a class four felony which means that it carries a minimum sentence of four months in prison and a maximum sentence of 3.75 years. In the case that the individual or defendant has prior felony convictions, prison time increases substantially as a result.
Aggravated DUI can also be charged if an individual has been charged with a third DUI offense within the last 7 years. Unlike the previous situation mentioned previously this charge does not require the prosecutor to prove that your license was suspended. This is very similar to the “three strike” laws that have been implemented throughout the United States. The law looks to when the offenses occurred, rather than when you actually were convicted in court. The sentences for this type of aggravated DUI are the same as for suspended license Aggravated DUI as mentioned above.
Aggravated DUI is a class six felony offense in which a driver who is impaired is driving with a child or children who are under the age of 15. Legally speaking, there is quite a considerable difference between Aggravated DUI class 4 felony which is when an individual has their license suspension and prior convictions, and aggravated DUI a class 6 felony (child in car). In the state of Arizona driving impaired with a child in the car is considered to be a very serious offense, but the jail or prison time associated with this type of crime is much lower. Oftentimes, people get the same amount of time in jail as is contained in the misdemeanor requirement.
With that being said, felony DUI charges are extremely serious. You may be given only a short amount of time in order to consider a plea agreement, which means time is valuable. Felony cases in Arizona can move quickly. Given this, if you are interested in speaking with an attorney about your Aggravated DUI case, we suggest that you call our office well before your first scheduled court appearance. Our Aggravated DUI attorneys are available to answer any questions that you have about felony DUI cases. We are available for a free consultation in the office or over the phone. Please call 602-989-5000.
Additional Penalties for Aggravated DUI in Arizona
Aggravated DUI Fines: Aggravated DUI (Class 6 felony kid in car) — $4,670 Aggravated DUI (Class 4 felony) – $4,670
The Interlock Device
People convicted of Misdemeanor DUI, Extreme DUI, Super Extreme DUI and Aggravated DUI all have to install a certified ignition interlock device in their vehicles for a period of time ranging from 6 to 24 months.
Aggravated DUI (Class 6 felony kid in car) — Interlock Requirement for 2 years following license revocation
Aggravated DUI (Class 4 felony) – Interlock Requirement for 2 years following license revocation
Drivers License Suspensions
Aggravated DUI (Class 6 felony kid in car) — license revocation
Aggravated DUI (Class 4 felony) – 3 year license revocation
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