Understanding an Aggravated DUI in Tempe and Phoenix, Arizona

Under Arizona’s DUI laws, an “aggravated” DUI is a DUI with certain factors that are legally significant enough to turn your misdemeanor DUI charge into a felony. Some of the aggravating factors are:

• Wrong-Way Driver –  If you are arrested for a DUI while driving the wrong way on a highway
• Passenger under 15 years old – If you’re arrested for a DUI, and you had a passenger under 15 years old
• Multiple DUIs in 7 years – If you’re arrested for a 3rd DUI
• Driving Without a Valid License – If you’re arrested for a DUI and your privilege to drive is suspended, revoked, or restricted
• Driving Without an Interlock Ignition Device – If you’re arrested for a DUI and you were limited to operating a vehicle with an interlock ignition device

At The Weingart Firm, our DUI attorneys have a proven track record of success in Aggravated DUI cases, and our attorneys are prepared to assist you at every stage of the legal process. We are dedicated to aggressively defending your rights and reaching a positive outcome for your case.

What are the Penalties for an Aggravated DUI in Arizona?

The punishments for aggravated DUI vary somewhat depending on the particular aggravating circumstance. For example, the first offense of DUI while a child is in the car is a Class 6 felony but can be charged and punished as a misdemeanor albeit with a mandatory revocation of the defendant’s driving privilege in Arizona. By contrast, aggravated DUI charges based on the third offense within seven years, while the driver’s privileges were suspended with knowledge is a Class 4 felony, carrying a mandatory prison sentence, suspension of driver’s privileges in Arizona, more than $3,000 in fines, and two to five years of probation as the lightest available penalties upon conviction. Also, an Aggravated DUI conviction is a “forever” felony.

At The Weingart Firm, our DUI defense lawyers have a proven track record of success in Aggravated DUI cases, and our attorneys are prepared to assist you at every stage of the legal process. In defending you on aggravated DUI charges, we use the full range of our skill and experience to achieve the best possible result under the facts. We challenge the probable cause for the arrest and the validity of any prior DUI convictions. We work closely with outstanding forensic experts to attack the administration and results of any blood or alcohol breath test. A successful attack can sometimes win the case or in the alternative, get a greatly reduced plea.