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All allegations of driving under the influence of drugs or alcohol are serious matters where convictions can come with harsh consequences. Even a first conviction comes with mandatory jail time and driver’s license suspension. However, a DUI allegation is even more severe if a person has previous convictions on their criminal record.
If a prosecutor is pursuing charges for a third-time DUI in Scottsdale, it is critical that you take every step to protect yourself. A conviction will result in a lengthy jail term, require you to install an ignition interlock device on your vehicle, and come with heavy fines. Let the seasoned attorneys at Grand Canyon Law Group help fight against these charges and protect your way of life.
Driving a vehicle on a public road or street while under the influence of drugs or alcohol is always illegal. Most of these cases move forward under the state’s core DUI statute.
However, the law also provides an aggravated DUI statute to deal with a repeated pattern of drunk driving or driving while under the influence of drugs. Arizona Revised Statute § 28-1383 is the state’s aggravated DUI statute. It applies to situations where a person with two previous DUI convictions faces a third offense.
These cases are extremely serious. Under the statute, a conviction with no aggravating factors will result in a minimum of four months in jail. The court will order a guilty party to attend drug or alcohol screenings and treatments. Courts will also order the revocation of a driver’s license, and the party cannot apply for reinstatement for at least one year. Defendants must pay fines of at least $4,000 and attend a traffic survival school course.
A third DUI conviction comes with life-altering consequences. Working with a skilled lawyer is essential to fight against these severe allegations and prevent aggravated DUI penalties.
The state’s aggravated DUI laws apply when a person has prior drunk driving convictions on their criminal record. However, the law clearly states what a prosecutor must prove to secure a conviction and when a prior conviction applies.
When a prosecutor brings DUI charges to court, they will evaluate a driver’s prior criminal record. If the driver has a DUI conviction within the past 84 months, the prosecutor will pursue the case as a subsequent offense. If not, the case must move forward as a first offense. For instance, a person may have two prior DUI convictions over the past ten years but never be subject to an aggravated DUI charge.
It is also important to recognize that these prior convictions do not need to have occurred in Scottsdale or elsewhere in the state. Prosecutors can examine criminal records from other states and use those convictions to build a third-time DUI case. Our seasoned Scottsdale attorneys can further explain how the 84-month rule works and why a case is moving forward as a third-time offense.
Repeat offenses for driving under the influence of drugs or alcohol are severe matters. State law says that convictions must result in at least four months in jail and a loss of license for at least one year. On top of that, you will lose your driver’s license and be ineligible for reinstatement for at least one year. It is essential to fight back against these allegations to protect yourself and your way of life.
The diligent lawyers at Grand Canyon Law Group can help defeat a prosecutor’s charge involving a third-time DUI in Scottsdale. We work to contest the facts at the core of the case and challenge the idea that the state’s aggravated DUI statute applies. Call us today to get started on your defense.