After two prior convictions for intoxicated driving, a third DUI in seven years will likely be charged as a felony. These are classified as Class 4 felonies, the same as many aggravated assault charges.
You need a strong argument and relentless legal representation to avoid severe penalties and prison time. Third offense DUIs in Phoenix are prosecuted harshly and must be met with a tailored defense strategy. Speak with the dedicated attorneys at Grand Canyon Law Group and learn how we can fight for you and your rights.
A third-time DUI within seven years can be charged as an aggravated DUI, a Class 4 felony. In Phoenix, the case would be heard in Maricopa County Superior Court rather than Phoenix Municipal Court, which deals with misdemeanors. These charges are pursued aggressively by a division of the Maricopa County Attorney’s Office dedicated to aggravated DUIs.
Potential penalties include a minimum of four months in prison. If the judge does not give probation, a defendant with no prior felony convictions faces one to 3.75 years in prison, with a presumptive term of 2.5 years. Our experienced local attorneys can work to negotiate reduced charges or mitigate the potential penalties for someone facing third-time DUI charges.
If a third DUI is charged as a felony, the defendant can get probation, although there is still a requirement of four months in prison. If a defendant and their attorney can plead the charges down to a misdemeanor, there is a much shorter minimum jail sentence, depending on the specific allegations. Sometimes, our lawyers can get the charges reduced to a second-time DUI range. It is best for a person facing a third DUI to discuss their options with a skilled attorney at our Phoenix office.
Although the potential penalties are higher, the principles of defending repeat DUI cases are similar to first-time offenses. However, the prosecution must prove additional things to get a third-time aggravated DUI conviction.
They must prove the accuracy of those prior convictions and that the defendant was aware of their record. A Phoenix defense attorney could challenge the prior convictions and question whether the charges are a second or third-time DUI. Our skilled lawyers could also fight the case itself by contesting the prosecution’s evidence of the defendant’s intoxication.
The way third offense DUIs in Phoenix are managed and run through Maricopa County Attorney’s Office is very specific. It is crucial that you work with someone who is familiar with that process and has a track record of success handling these cases.
Working with a seasoned attorney at Grand Canyon Law Group can make a huge difference in the outcome of your case. Our experience as former prosecutors prepares us to effectively and tirelessly protect your rights throughout the legal process. We believe you have a way of life worth protecting—give us a call today to set up a consultation and get started on your defense.