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Although every DUI must be taken seriously, most are misdemeanors that will eventually allow a person to move forward with their life. However, some scenarios can lead to felony DUI charges with long-lasting consequences.
Felony DUIs may result if a person has a prior criminal history or is accused of placing a child in danger. If you face these serious allegations, you need a Scottsdale felony DUI lawyer on your side. The relentless attorneys at Grand Canyon Law Group can explain why your case is moving forward as a felony and develop a defense that limits the impact on your future.
Most DUI cases in Scottsdale are misdemeanors. While convictions still come with a mandatory jail sentence and loss of license, most people can put the event behind them after a few months to a year.
This is not true when a DUI case moves forward under aggravated charges. According to Arizona Revised Statutes § 28-1383, an aggravated DUI is a Class 4 felony. This means a judge must impose a minimum four-month prison sentence, even if it is a person’s first felony conviction and mitigating factors exist in the case. With aggravating factors, the sentence may be as long as 3.75 years.
Given these harsh penalties, it is vital to understand why prosecutors may label a case as a felony. One common reason is a defendant’s prior history of DUI. Under Arizona law, a DUI case move will forward as a felony if the defendant has two prior DUI convictions within the past 84 months (seven years).
A felony charge may also result if a DUI arrest happens while the driver has a child under the age of 15 in the vehicle. Alternatively, if a driver is operating with a suspended license due to a DUI arrest or conviction, the prosecutor can pursue a new charge as a felony. A Scottsdale attorney at our firm can provide more information about felony DUI cases and the potential penalties for conviction.
Prosecutors pursuing felony DUI cases must prove a defendant violated the state’s DUI laws. The law considers a driver in violation if they were driving while under the influence of a drug or alcohol or had a blood alcohol level of at least .08 percent.
Challenging this accusation is the most direct way to deal with a felony DUI charge. Our seasoned local attorneys can help dispute the outcome of a blood, breath, or urine test in a felony DUI case. We could also challenge the police officer’s justification for making a traffic stop.
It may also be possible to dispute the classification of a charge as a felony. This could involve questioning the validity of a defendant’s prior criminal record or why their license was suspended prior to an arrest. A felony DUI lawyer at our firm can help choose the defense plan that best fits the facts of the case.
A felony DUI case will impact every part of your life. A conviction can result in a mandatory prison term and lead to the complete loss of driving privileges. It is crucial that you begin forming a defense as soon as possible.
Hiring a Scottsdale felony DUI lawyer to handle your case is the first step in achieving a positive resolution. At Grand Canyon Law Group, we work to explain the state’s DUI laws and what factors can justify a felony case. We then develop defenses to lessen the severity of a charge or defeat it outright at trial. Reach out to our office today to learn more.