An arrest and allegation of a third-offense DUI in Gilbert can have severe repercussions on every aspect of your life. Convictions here fall under the umbrella of aggravated DUI and are always felonies. When the stakes are this high, you need relentless representation from a seasoned attorney.
To obtain a conviction, a prosecutor must prove two prior DUI convictions as well as the basic concept of impaired driving under state law. The former prosecutors at Grand Canyon Law Group can help you rebut these allegations. We will fight back against the core DUI case and challenge whether any prior DUI convictions should apply to your current case.
Most examples of DUI cases are misdemeanors. However, if a person has two prior DUI convictions on their criminal record, the prosecutor will likely pursue charges under the state’s aggravated DUI statute.
Under Arizona Revised Statute § 28-1383, this means that a conviction will lead to increase penalties, such as:
The aggravated DUI statute does not require the prosecutor to prove that a person was extremely intoxicated or caused harm to others. The number of prior convictions on a person’s criminal record makes the case more severe.
Aggravated DUI charges can follow when a person has two or more prior convictions on their criminal record. However, this rule is not absolute. According to the statute mentioned above, those convictions must have occurred over the past 84 months. A prosecutor bears the burden of proving this concept beyond a reasonable doubt.
Those convictions may have occurred in Gilbert or elsewhere in the state or country. Our seasoned local attorneys can provide more information about prior DUI offenses and their impact on a case.
State law classifies most aggravated DUI cases as class 4 felonies. If a case is aggravated by a person’s two previous DUI convictions, the case will always be a class 4 felony. This means that if this is a person’s first felony conviction, and mitigating factors exist in the case, the court must sentence the defendant to no less than one year in prison. In addition, the specific aggravated DUI statute says that a court cannot suspend or otherwise reduce a person’s prison time to less than four months.
If aggravating factors exist in the case, a court may sentence a person to a prison sentence of up to 3.75 years. Aggravating factors may include the person’s level of intoxication. A knowledgeable attorney at our firm can provide more information about the potential jail sentence for a third-offense DUI in Gilbert.
If you face a third-offense DUI in Gilbert, the prosecutor bears the burden of proving your prior convictions beyond a reasonable doubt. A skilled attorney can help contest this conclusion and preserve your way of life. At the same time, a lawyer can fight back against the core facts of a DUI case. This includes challenging a police officer’s observations or contesting the results of breath or blood tests.
When you face felony charges, do not take any risks by trying to undertake the legal process alone. Call Grand Canyon Law Group today to get a seasoned advocate on your side.