Every DUI arrest in Phoenix is a serious matter that can have long-term consequences on your life. Although most examples are misdemeanors, some situations can lead to aggravated DUI allegations. Convictions here are felonies that come with mandatory prison sentences as well as a revocation of your driver’s license.
Still, prosecutors still bear the burden of proving the core DUI facts and the factors that make an arrest aggravated. A Phoenix aggravated DUI lawyer at our firm can raise reasonable doubt in the prosecution’s case and fight to protect your rights. Let the dedicated defense attorneys at Grand Canyon Law Group are ready to explain the laws in your case and develop a strong defense on your behalf.
It is illegal to drive a vehicle while under the influence of drugs or alcohol. This core concept still applies to aggravated DUI cases, and prosecutors must prove this idea beyond a reasonable doubt. What differentiates an aggravated DUI case are the defendant’s alleged actions that make the offense more serious. According to Arizona Revised Statute § 28-1383, many instances can result in aggravated charges.
The most common is a person’s prior history of DUI. If a driver has two or more DUI convictions within the past 84 months, the case can automatically move forward as an aggravated DUI. The prosecutor must prove this prior history when seeking an enhanced penalty.
Aggravated DUI charges may also result from the following:
A skilled Phoenix attorney at our firm can help people understand why a DUI case is moving forward with aggravating factors.
An aggravated DUI conviction is a life-changing event. According to the statute, these are class 4 felonies. Even in examples where a person has no prior felonies, and the case comes with mitigating factors, a conviction requires a judge to sentence a person to at least one year in prison. If the case comes with aggravating factors, the judge can impose a sentence of as long as 3.75 years. In addition, the court must order the total revocation of a defendant’s driver’s license.
Clearly, it is crucially important to fight back against these charges. One option is to challenge the reason for an arrest. Officers often rely on their personal observations to justify a DUI arrest. Factors such as supposed glassy eyes, the smell of alcohol, or the results of field sobriety tests are vulnerable to cross-examination at trial.
Another option may be to challenge the supposed facts that led to a case moving forward as an aggravated offense. This could include debating whether an ignition interlock device resulted from a court order or discussing why a driver’s license was under suspension. A local aggravated DUI lawyer can work to determine the best defense for the circumstances.
All DUI cases must be taken seriously. However, when a prosecutor is pursuing a case as an aggravated or felony version, it is crucial that you act quickly to protect yourself. Convictions are felonies that will require at least a one-year prison sentence and could lead to the loss of your license.
Contact a Phoenix aggravated DUI lawyer now. At Grand Canyon Law Group, we are ready to explain the state’s laws, evaluate the reason for your arrest, and seek a defense plan that best fits the facts of your case. Call us today to learn more.