Articles Tagged with aggravated dui

DUI with passengers under age 15 in vehicle raises a DUI to Felony Charges, where penalties are steep.

Drunk driving can subject you to harsh penalties in Arizona. However, driving drunk with children in the car can lead to even harsher penalties.

Recently, a middle-aged man was stopped in Arizona driving 89 miles per hour in a 65 mph zone. His ten-year-old and twelve-year-old daughters were in the car with him and the sheriff noticed his breath smelled like alcohol. His Blood Alcohol Content (BAC) was .253 percent over 3 times the legal limit for alcohol in Arizona. The man admitted to deputies that he drank a six-pack of beer before driving. He was then charged with aggravated felony DUI, Super Extreme DUI and excessive speed.

An Aggravated DUI charge means that Misdemeanor DUI charges were raised to a felony in violation of Arizona’s A.R.S. 28-1383 Aggravated DUI Laws. An impaired driving charge without aggravated circumstances is generally charged as a Misdemeanor. The aggravated factor of having passengers under the age of 15 in the vehicle raise the charges to a felony violation.

Aggravated DUI charges alone are categorized as Class 6 felonies and expose a person to up to 20 days of incarceration; $4,000.00 fines; Driver’s License Revocation for 3 years; 2 years Ignition Interlock Device (IID) after driving privileges are reinstated; substance abuse education and counseling; and possible forfeiture of vehicle. These penalties will be more severe if coupled with other DUI or criminal charges, or if they are repeat offenses.

An Extreme DUI is charged when someone has a BAC above 0.150 percent but below 0.199 percent. First-time violations of Extreme DUI convictions expose a person to driver’s license suspension for 18 months; fines fees and assessments of $1500.00; 30 days in jail; installation of an Ignition Interlock Device (IID) for 1 year; and substance abuse screening and treatment.

The Super Extreme DUI charge was because his BAC level exceeded 0.20 percent under Arizona Super Extreme DUI Laws A.R.S. 28-1382. A first time DUI conviction with a BAC 0.20 percent or higher, calls for maximum jail terms of 45 days: fines, fees, and assessments of $1750.00; IID for 18 months; driver’s license suspension; and substance abuse screening, counseling or treatment.

In Arizona, the higher the BAC, the more severe the sentencing related to most all the penalties. Repeat violations can also result in aggravated DUI charges, and exposes a person to prison sentencing.

The Aggravated DUI in this case may present even harsher penalties if the man is convicted than the extreme DUI charge. When children under the age of 15 are in the car of a drunk driver, a misdemeanor DUI or DWI is automatically charged as a more serious Class 6 felony, even if it is a first drunk driving offense and the driver has no criminal history. This is because of the significant risk to a child’s life from being in the car with a drunk driver.
Someone convicted of felony aggravated driving while under the influence, may be sentenced to prison for 2 ½ years. Not only that but he or she must also attend and complete an alcohol education/treatment program, pay a fine of $750 and additional fees of $1750. His or her driver’s license will be revoked for 3 years. He or she will also be required to install an ignition interlock device on any car he operates for more than a year. Installation of the device typically costs money, too.

DUI and child endangerment convictions will usually have an adverse impact on civil and parental rights as well as criminal penalties. Convictions may result in a court order reducing of parenting you have with a child, for example if you have joint custody. It can also impact your civil rights such as causing you to be classified as a “prohibited user” due to the felony charge; and other consequential losses.

DUI charges involve multi-facet circumstances, evidence, laws, penalties and consequences. And the punishments can impact your life, and that of your family, adversely for many years into the future. There is a lot at stake in the way of your future and freedoms that you currently enjoy.

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“Aggravated DUI” charges are Felony DUI offenses. Misdemeanor DUI charges are elevated to Felonies when specified ‘aggravating” factors under law surround it. One of the most reasons a Misdemeanor DUI is charged as felony is due to repeat DUI offenses. A third DUI charge, with two existing DUI convictions in 84 months or 7 years, will result in Aggravated DUI charges.
Aggravating Factors

Aggravated Factors” are those circumstances that elevate a Misdemeanor DUI to a Felony DUI under ARS § 28-1383 and include:

• Two prior DUI Conviction from any state in any state within in 7 years;
• DUI while driving with a suspended or revoked license;
• Drunk driving or driving impaired due to alcohol or drugs, with a minor, age 15 or under, in the vehicle;.
• DUI with accident that causes serious bodily harm to another person;
• DUI manslaughter – When the DUI and Auto accident results in a fatality of another
Felony DUI Penalties for 3rd DUI charge with two conviction in 7 years

Felony DUI charges are a class 4 felony. These convictions call for the following penalties under ARS 28 § 1383:

• 4 months in prison for 3rd DUI conviction/ months in prison for subsequent;
• Fine at least $750
• Assessment fees $3250.00
• Abatement fees
• Evaluation Costs
• Drug or Alcohol Treatment & Counseling Costs
• Probation and associated fees
• Driving Privileges may be revoked for up to 3 years
• Mandatory Court ordered Ignition Interlock Device (IID) 3 added to your vehicle at your expense, following reinstatement of license
• Court ordered drug or alcohol rehab or counseling treatment, and their costs
• Mandatory Community Service
• Criminal Record to include a Felony
• Restitution if an accident or injury was involved
• Other penalties may be apply if the Court deems necessary and appropriate
DUI defense attorney Tempe AZ
If you face Tempe DUI charges, you should consult a qualified criminal defense attorney regarding your matter. They will provide you with information concerning your charges, as well as your defense options. Arizona has harsh penalties for DUI charges. It is important that you understand the consequences before “pleading guilty” without proper legal representation. If you wish to invoke your right to retain an attorney on your behalf, you should “Plead Not Guilty” at your Arraignment. If you are not being represented, you must appear for your Arraignment. Failure to appear will result in a bench warrant for Arrest. If you hire legal counsel, they will advise you further regarding the proceedings. If retained your attorney will protect your rights, defend your charges, and work to get the best possible outcome in your case.

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