AGGRAVATED DUI


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AGGRAVATED DUI - Class 4, felony

Definition:
Aggravated DUI means Driving under the Influence when:

  1. your driving privilege in Arizona were suspended or revoked at the time you were arrested, or
  2. you have been convicted of at least 2 prior DUI charges within the last 5 years, or
  3. you had a child under 15 years of age in the vehicle.

Possible Sentence:

  1. Mandatory Prison Sentence - Minimum 4 months prison – maximum
  2. 3.75 years prison (Note – minimum does not apply to situation #3)
  3. Fine $750-$1500
  4. License - revoked for up to 3 years.
  5. Vehicle can be forfeited
  6. Ignition interlock device required for one year upon reinstatement of your license.

Option 1 – Jury Trial

  1. Obtain / review police reports
  2. Conduct Witness Interviews
  3. Draft / File Pre-Trial Motions
  4. Jury Trial

Option 2 – Plea Bargain

     Plead guilty for minimum sentence of probation and 4 months in prison, fine, license revocation. In some cases, if your license was suspended for a reason other than a prior DUI, a more favorable plea bargain may be available. A more favorable plea bargain may also be available for situation where there was no suspension and no prior DUI’s, but there was a child in the vehicle.

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