Arizona Criminal Defense Attorney Blog
Felony DUI Penalties, AZ DUI Laws Overview
“In dollars and “sense” the cost of retaining a good Scottsdale DUI defense lawyer, is far less a price to pay than the monetary fines, fees, costs, and your freedom, if convicted of a felony DUI in Scottsdale.”
If you face felony DUI charges in Scottsdale, AZ you should consult a Scottsdale DUI lawyer as soon as possible to discuss your charges and defense options. A felony DUI conviction in Scottsdale exposes you to severe penalties. You will need an experienced Scottsdale DUI attorney to defend your felony DUI charges.
Arizona Felony DUI Laws:
There are three factors that will aggravate a Scottsdale Misdemeanor DUI and elevate it to a Felony DUI, also known as Aggravated DUI charges:
1) A.R.S. §28-1383(A) (1): (Paraphrased) The AZ DUI arrest occurred while your drivers license was suspended, restricted or revoked – Class 3 Felony
2) A.R.S. §28-1383(A) (2): (Paraphrased) The Scottsdale DUI charge is your third DUI charge in 7 years. You were convicted of at least two prior DUI charges during the last 7 years. – Class 3 felony
3) A.R.S. §28-1383(A) (3): (Paraphrased) Your current Scottsdale DUI charge was aggravated by the fact that a child under 15 years of age was a passenger in the vehicle while you were driving impaired, DUI, DWI, or Drunk Driving. – Class 6 Felony
DUI Penalties – Felony DUI Sentencing in Arizona
A Scottsdale Felony DUI conviction exposes you to mandatory AZ DUI sentencing guidelines. Each case has its own unique circumstances that may affect the Felony DUI sentencing if convicted. The mandatory DUI penalties under Arizona Law include, but are not limited to the following:
• Felony criminal record;
• Jail time ranging from one day to one year;
• Prison time from 4 months to 2 ½ years;
• Revocation of your drivers license for 3 years;
• Use of Ignition Interlock Device at your expense;
• Fines of Up to $150,000 plus 80% surcharge;
• $1500 prison assessment;
• $250 abatement fee;
• Probation fees;
• Costs for Drug or Alcohol Treatment Screening;
• Costs for Drug or Alcohol Counseling or Treatment Program;
• Lengthy supervised probation.
*The above penalties are subject to change based on circumstances surrounding your Felony DUI charges and frequent changes to Arizona Law.
Felony DUI Penalties for a Scottsdale DUI conviction may be “aggravated” or
“mitigated”. Aggravated penalties are the result of those factors that surround your Scottsdale DUI that support the prosecution’s case against you. These are factors that will warrant more serious DUI punishments. Mitigating factors are circumstances or evidence that supports your DUI defense and warrant less serious penalties, particularly, those that are discretionary by the judge.
Scottsdale DUI Defense – Felony DUI Charges in Scottsdale AZ
The judge or prosecution will not offer you leniency, out of compassion or the fact that you are not being represented by a private Scottsdale DUI attorney. Without compelling arguments presented or motions filed by your Scottsdale DUI Defense Lawyer on your behalf, the judge or prosecution will not generally offer mitigated sentencing. Good DUI defense lawyers will examine the evidence and facts of your case to find mitigating factors that may lead to more lenient penalties if you are convicted of a felony DUI charge.
The felony DUI penalties are so severe, and intrusive on a person’s life, that they may feel that the situation is hopeless and do not think a Scottsdale DUI Attorney can help them. However, to the contrary, Felony DUI charges are often dismissed or reduced by good Scottsdale DUI defense attorneys. A qualified Scottsdale DUI lawyer or AZ criminal defense lawyer can defend any Scottsdale Felony DUI charge regardless of the severity or classification, or the amount of your Blood Alcohol Content or BAC levels (extreme or non-extreme). In many cases a Scottsdale DUI lawyer is able to get evidence dismissed; charges reduced to a Misdemeanor DUI, civil citation, or ultimately get the felony DUI charges dismissed completely.
Early retention of a good private practice Scottsdale DUI attorney will drastically increase your chances of a dismissal or other good outcome in your Felony DUI case. However, choosing to go without a qualified Scottsdale DUI defense attorney is a dangerous path towards a swift Felony DUI conviction in Arizona.
This blog has been posted for general public informational purposes only. All articles by this author are intended to raise awareness and generate discussion on a variety of Arizona State Law issues and topics. Note that Arizona legislation, laws, criminal code and DUI laws and penalties frequently change. If you have a criminal or DUI defense matter related to this topic, it is important that you consult or hire an Arizona criminal or AZ DUI lawyer in the jurisdiction or municipality of Arizona where you received your charges of up to date information.
If you have an outstanding warrant for arrest in Arizona or have been arrested in Maricopa County for AZ DUI other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).
The Law Office of James Novak is devoted 100% to defending DUI, Drug & criminal charges in valley wide within Maricopa County including Mesa, Scottsdale, Tempe, Phoenix, Chandler, Gilbert Arizona, East Valley, AZ and surrounding cities in Phoenix metro area.