Isabella Carter
Driving under the influence (DUI) is a serious offence in Arizona, and certain circumstances can elevate a standard DUI to an aggravated DUI, which is a felony. Aggravated DUI charges are governed by Arizona Revised Statutes (ARS) 28-1383, and they carry harsher penalties and long-lasting consequences. Aggravated DUIs are felony offences and often require mandatory minimum prison time, unlike regular DUIs, which are usually misdemeanours. An aggravated DUI in Arizona is typically charged when a standard DUI involves aggravating factors, such as multiple prior DUI convictions, driving with a suspended or restricted license, having a passenger under 15 years old, or causing serious injury.
| Characteristics | Values |
|---|---|
| DUI with a restricted, suspended, or revoked license | Aggravated DUI |
| DUI with a child under 15 in the vehicle | Aggravated DUI |
| Third DUI within 7 years (84 months) | Aggravated DUI |
| Driving the wrong way on a highway | Aggravated DUI |
| Mandatory prison time | 4 months minimum |
| Driving privileges revoked | 3 years minimum |
| Supervised probation | Mandatory |
| License suspension | 1 year |
| Alcohol screening and classes | Mandatory |
| Fines | $1,250 minimum |
| Jail time | 10 days minimum |
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What You'll Learn
Aggravated DUI with a child under 15 in the vehicle
In Arizona, driving under the influence (DUI) is a serious offence, and when it involves a child under 15 years old as a passenger, the consequences are even more severe. A DUI with a minor in the car is classified as an aggravated DUI, which is a felony and carries harsh penalties and long-term repercussions.
Arizona's Aggravated DUI Law
According to Arizona law, a DUI becomes a felony when certain aggravating factors are present, such as multiple prior DUI convictions, driving with a suspended license, or having a passenger under 15 years old. The presence of a minor in the vehicle is considered a significant aggravating factor, demonstrating reckless endangerment and warranting more severe treatment.
Penalties and Consequences
Under Arizona law, a conviction under ARS § 28-1383(A)(3) for aggravated DUI with a minor in the vehicle is classified as a Class 6 felony. The mandatory minimum jail term for this offence is up to 180 days, and the maximum fine is $4,000. The prison sentence can range from a minimum of four months to a maximum of 3.75 years for a first felony DUI conviction.
In addition to incarceration, those convicted of aggravated DUI may face supervised probation, monthly probation fees, and random urinalysis. They will also be required to undergo alcohol screening, education, and treatment, as well as equip any vehicle they operate with a certified ignition interlock device.
Personal and Professional Impact
The consequences of an aggravated DUI conviction extend beyond the legal penalties. It can have a significant impact on various aspects of an individual's personal and professional life, including:
- Employment Opportunities: A felony record may deter potential employers from hiring an individual.
- Child Custody: This charge can jeopardize parental rights and custody arrangements.
- Insurance Rates: Auto insurance premiums often increase significantly after a DUI conviction.
- Professional Licensing: Certain careers require a clean criminal record, which may be compromised following a conviction.
Defenses and Reductions
While the penalties for aggravated DUI are stringent, it is important to note that defences are available. Experienced DUI attorneys can employ various legal strategies to contest criminal charges. Common defences include challenging the accuracy of breath or blood testing devices, questioning the legitimacy of field sobriety tests, and examining the procedures related to blood, breath, and urine testing.
Additionally, while reducing an aggravated DUI charge to a misdemeanour is challenging, skilled DUI attorneys may be able to negotiate lesser penalties or even dismissal by challenging evidence or identifying procedural errors.
In conclusion, an aggravated DUI with a child under 15 in the vehicle is a severe offence in Arizona, attracting harsh penalties and repercussions. Those facing such charges are advised to seek legal guidance from experienced DUI attorneys to understand their rights, explore potential defences, and navigate the complexities of their case.
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Aggravated DUI with a suspended license
In Arizona, a DUI becomes a felony if it involves aggravating factors, such as driving on a suspended license. Aggravated DUI is a much more severe charge than a regular DUI and is classed as a felony. This means that if you are found guilty, you will face mandatory prison time.
In Arizona, your driving privileges will be automatically revoked if you are arrested for driving under the influence of intoxicating liquor or drugs. If you are stopped for driving under the influence and a test shows that you have an alcohol concentration of 0.08% or more, or 0.04% if driving a commercial vehicle, you will lose your driving privileges on the spot. If you refuse to submit to a blood alcohol content test, you will also automatically lose your driving privileges for 12 months, or 24 months for a second refusal within 84 months.
If you are caught driving with a suspended license, your vehicle may be impounded for 30 days. If convicted of driving with a suspended or revoked license, you will not be eligible for probation or release until you have served at least four months in prison. This is because driving on a suspended or revoked license is a class 4 felony in Arizona, which carries severe penalties.
If you are facing charges of aggravated DUI with a suspended license, it is important to seek experienced legal help. The specific circumstances of your case will determine the defence strategy employed by your lawyer. For example, they may challenge the accuracy of breath or blood testing equipment, or they may expose flaws in police reports.
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Aggravated DUI as a third DUI offense within 84 months
In Arizona, a DUI is a severe violation of the law, and the penalties for a conviction are stringent. Aggravated DUI is a felony in Arizona, and it is considered a violent crime. This is a more serious form of DUI that involves specific aggravating factors, resulting in harsher penalties and long-lasting consequences.
Aggravated DUI charges are governed by Arizona Revised Statutes (ARS) 28-1383, which outlines the specific circumstances that can lead to this enhanced charge. The law is designed to impose stricter penalties on individuals who commit DUI offenses under particularly dangerous or irresponsible conditions.
One of the factors that can elevate a standard DUI to an aggravated DUI in Arizona is if it is the individual's third DUI offense within 84 months (7 years). This is classified as a Class 4 felony. Both of the prior DUIs have to have been committed within 7 years of the current DUI charge. For example, a person arrested for their first DUI in January 2010 and convicted in January 2011, who then commits another DUI in February 2014 and pleads to the DUI in May 2014, would have both prior misdemeanors count towards a third felony DUI if they are arrested for another DUI in January 2018.
The penalties for an aggravated DUI in Arizona are severe and include mandatory prison time, longer license suspension or revocation periods, and higher fines. The mandatory minimum penalty is four months in prison, mandatory alcohol screening and classes, a three-year driving privilege revocation, and supervised probation requiring monthly visits, fees, and urinalysis. The maximum prison sentence can be as high as three and three-quarter years.
The consequences of an aggravated DUI conviction can extend beyond the legal penalties, impacting employment, housing, and other aspects of life. The stigma and legal restrictions associated with a felony conviction can persist long after the sentence is served. Additionally, professionals in certain fields may lose their licenses due to a felony DUI charge.
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Aggravated DUI with ignition interlock device requirement
In Arizona, an aggravated DUI is a felony charge that carries a mandatory prison sentence. It occurs when a person commits a regular DUI with some other aggravating factor, such as having a suspended license or a passenger under 15 years old in the vehicle. Aggravated DUIs are much more severe than regular or extreme DUIs and can result in a minimum prison sentence of four months.
If you are convicted of an aggravated DUI in Arizona, you may be required to install an ignition interlock device (IID) in your vehicle. An IID is a breath alcohol testing instrument connected to the ignition and power system of the vehicle. The driver must blow into the device to test their breath alcohol content before attempting to start the vehicle. The duration of having an IID installed is dependent on the specifics of the DUI case. For a first offense, the device is typically required for 12 months, while for a second offense, it may be required for 18 months in "super extreme" cases. In the case of an aggravated DUI, the IID may be required for at least 24 months.
Offenders may request a Special Ignition Interlock Restricted Driver's License (SIIRDL) to drive while their regular license is suspended. Obtaining a SIIRDL requires the installation of an approved IID and meeting other criteria, such as paying fines and completing court mandates. The SIIRDL program is designed to help drivers regain their driving privileges, but it also requires the offender to waive their right to a hearing contesting their license suspension.
It is important to note that the installation of an IID may be ordered by the court even if it is the offender's first DUI offense. This is done to ensure the safety of the roads and to prevent further incidents of driving under the influence. The IID program in Arizona can be confusing and lengthy, so it is recommended to seek guidance from approved ignition interlock providers and legal professionals.
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Aggravated DUI driving the wrong way on a highway
In Arizona, a DUI becomes a felony if it involves aggravating factors, such as multiple prior DUI convictions, driving on a suspended license, having a passenger under 15 years old, or causing serious injury. An aggravated DUI is a felony offense and often requires mandatory minimum prison time. Aggravated DUI penalties are harsh and include staggering costs, jail time, and damage to one's reputation.
Wrong-way driving under the influence is specifically classified as an aggravated DUI in Arizona due to the high risk of catastrophic outcomes. The statute defines "wrong way" as vehicular movement in a direction that contradicts the legal flow of traffic, excluding median crossing or a collision where a vehicle comes to a stop facing the wrong way. Despite Arizona's efforts to improve road signage and design to prevent wrong-way driving incidents, the responsibility ultimately lies with the driver to observe and comply with traffic signs and regulations.
If a driver operates a motor vehicle while impaired by drugs, alcohol, or toxic vapors and drives the wrong way on a controlled-access highway, they may be charged with a Class 4 Felony offense. This is a result of HB 2243 amending ARS § 28-1383 regarding Aggravated Felony DUI by adding a violation of "§ 28-1381 or § 28-1382 or this section while driving the wrong way on a highway."
The penalties for aggravated DUI under Arizona law are severe and include mandatory imprisonment, fines exceeding $4,000, driver's license revocation, and mandatory installation of an ignition interlock device. The minimum prison sentence for a first-time offense is four months, but this can extend up to several years for repeat offenses.
It is important to note that the consequences of wrong-way driving that results in a collision are even more severe under Arizona law, particularly if impairment from drugs or alcohol is a factor. In such cases, the at-fault driver may face felony charges ranging from aggravated assault to manslaughter, depending on the severity of the incident. These incidents can also lead to extensive financial liabilities, including medical expenses, property damage, and potential civil lawsuits for damages.
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Frequently asked questions
An aggravated DUI is a more serious form of DUI that involves specific aggravating factors, such as driving with a suspended or restricted license, a third DUI offense within 84 months, DUI with a child under 15 in the vehicle, DUI while required to have an ignition interlock device, or driving the wrong way on a highway.
The penalties for an aggravated DUI in Arizona are more severe than those for a standard DUI and include mandatory prison time of at least four months, longer license suspension or revocation periods, and higher fines.
A standard DUI is typically a misdemeanor, while an aggravated DUI is a felony. This distinction has significant implications for an individual's criminal record and future opportunities, with the potential for longer jail sentences and higher fines for felonies.
There are several potential defense strategies for an aggravated DUI charge, including challenging the traffic stop, questioning the BAC testing methods, exposing flawed procedures, and scrutinizing police reports for any inaccuracies or misstatements.
A Class 4 felony aggravated DUI is charged when an individual is driving without a valid or with a restricted license, has three or more DUI convictions within 7 years, or is driving on the wrong side of a highway. A Class 6 felony is charged when a minor under the age of 15 is in the vehicle while the individual is in violation of DUI laws.
