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A felony DUI charge can result from various circumstances. In many examples, a prosecutor may pursue an aggravated DUI charge if you have prior DUI convictions on your criminal record. However, specific events may also bring these harsher potential consequences, making legal representation even more essential.
An aggravated DUI charge has the potential to change every part of your life. Let a Tolleson felony DUI lawyer work to limit the possible consequences and preserve your way of life. The dedicated defense attorneys at Grand Canyon Law Group will fight to protect your rights while in police custody, evaluate the events that led to your arrest, and mount a powerful defense on your behalf.
Most examples of DUI cases are misdemeanors in Tolleson. However, certain scenarios can lead to a prosecutor pursuing a case as a felony.
One common example is Arizona Revised Statute § 28-1383. This statute says that a DUI case can move forward as a felony if a driver has prior DUI convictions on their criminal record. More specifically, two or more convictions in the past 84 months can lead to an aggravated DUI charge. These convictions do not need to occur in Tolleson or elsewhere in the state. Any conviction in any criminal court can count as a prior conviction for the purpose of this statute.
An aggravated DUI charge can also result from a DUI arrest occurring while a person’s license is currently under suspension for a separate DUI case. Prosecutors may also bring felony charges if a driver has a child under the age of 15 in the vehicle during the alleged DUI.
An aggravated DUI conviction is a class 4 felony under state law. Even if a person has no prior criminal record, a conviction must result in at least one year in prison if mitigating circumstances exist. If the case has aggravating circumstances, a judge may lengthen this sentence to as long as 3.75 years. In addition, an aggravated DUI conviction must result in a total revocation of the defendant’s driver’s license. A skilled attorney at our firm can provide more information about what it means to face an aggravated DUI charge.
In many respects, a felony DUI case is the same as any other drunk driving allegation. A prosecutor must still prove that a driver was under the influence of drugs or alcohol to the extent that it jeopardized their ability to drive safely. They may attempt to do this through a blood, breath, or urine test or rely on the officer’s observations of the driver. A felony DUI lawyer in Tolleson can work to contest these observations through evidentiary motions or cross-examination during trial.
It may also be possible to argue that a felony DUI charge is inappropriate, given the facts of the case. For example, there may be questions about a driver’s prior criminal history or the age of passengers in the vehicle. Our relentless Tolleson attorneys can push for a less serious DUI allegation to protect a defendant’s future.
Felony DUI allegations are potentially life-altering events. An aggravated DUI conviction will require you to spend significant time in prison and lose your license for the foreseeable future. It is essential that you fight back with the right legal counsel.
Hiring a Tolleson felony DUI lawyer at Grand Canyon Law Group to handle the case is your best option. We are ready to evaluate the events that led to your arrest, evaluate any potentially illegal police activity, and fight to defend your rights at every stage of the case. Call us today to get started.